Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Husband pleaded that deceased committed suicide in her bedroom after bolting the door from inside and he was not present in the house at the time of occurrence - Plea of suicide appears to be ruled out in view of post mortem report, as medical evidence establishes beyond doubt that deceased was..........
Evidence Act, 1872, Section 50 -- Relationship - Proof of - In order to establish a relationship, opinion of a person who has special means of knowledge about relationship would become a relevant fact...........
Indian Penal Code, 1860, Section 304, 323, 504, 506, 147, 114 -- Offence u/ss 304, 323, 504, 506, 147, 114 IPC - Accused were nominated by informant of having assaulted PW1 and his grandfather - Deceased succumbed to injuries caused by lathi danda - Injuries were duly corroborated by medical evidence - Fatal injury on head of deceased caused his death on subsequent day of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 323, 506, 307, 325 -- Bail - Offence u/ss 147, 148, 149, 323, 506, 307, 325 IPC - As per version of co-accused, petitioner had not been mentioned in complaint to be one of the persons, who had participated in incident - Question as to whether, as per medical opinion, S.307 IPC is..........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25(1B)(a) -- Attempt to murder - Gun shot injury - Allegation that accused fired on police party - However, none of PWs have seen accused firing on police party with intention or knowledge to commit an offence proving his guilt - There is no independent witness in any of proceedings though may be available -..........
Co-owner -- Rights and liabilities - (i) A co-owner has right and interest in the whole property and also in every parcel and infinitesimal portion of the co-ownership property; (ii) No doubt possession of the joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (iii) One co-owner's mere occupation of a..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration of title - Cause of action lastly arose in 1997 and suit was filed in 2001 - Suit of present nature has to be filed within 12 years in terms of Art.65 of the Act - Even, if it is seen that plaintiff had got knowledge of construction of wall in the year 1990, then also period of limitation for institution..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration of title and permanent injunction - Proposed amendment not brought to knowledge of defendant's counsel during preparation of written statement, but on perusal of record, error come to knowledge - Reason assigned by defendant seems to be just and bonafide - Defendant could..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - In order to attract offence punishable u/s 307 IPC, act must have been committed with an intention or knowledge that act is likely to result in death of injured...........
