Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to trivial issue of collecting fire wood from tree - There was no prior meeting of minds between three accused or they had any common object for inflicting fatal injury to deceased - There was heated exchange of words and at the spur of moment and heat of passion, there was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific role is attributed to accused `D' and `K' - Eye witnesses stated that they only inflicted fist and kick blows to deceased - Lack of any corresponding injury on person of deceased is sufficient to satisfy that accused persons roped in the case by sheer over implication because by no stretch of imagination can..........
Hindu Succession Act, 1956, Section 8 -- Succession - Death of common ancestor - Property devolving upon Class-I or Class-II heirs - Such heirs would become absolute owners of property and such property would not be either Joint Hindu Family or coparcenary or ancestral in the hands of legal heirs in absence of any other evidence to this effect...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Impleadment of LRs of tenant - Landlord is not required to implead all LRs of deceased tenants, as interests of all legal heirs who have inherited tenancy as joint tenants can be duly represented by one legal heir who rather acts as an agent of others - Legal heirs are not tenants..........
Transfer of Property Act, 1882, Section 45 -- Sale deed - Two or more purchasers - Three eventualities envisaged by the provision of S.45 of the Act are : (i) If the consideration has been paid out of a joint fund belonging to them in common, they are, in absence of a contract to the contrary, respectively entitled to interests in such property identical to their share in..........
Will -- Interpretation of terms of Will - Specific bequests made (except schedule A) by testator in favour of his children including son of pre-deceased son of testator and his wife - However, testator not bequeathed property falling under Schedule-A in favour of said persons, as testator intended to keep schedule-A property in common reserving with his wife right to take..........
Indian Penal Code, 1860, Section 148, 149 -- U, lawful assembly - Common object - Once all six accused were acquitted by Sessions Judge and no appeal was filed by State against said order, High Court was not justified in convicting A-1 u/ss 148, 149 IPC - Conviction and sentence of A-1 set aside...........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - In first charge sheet and second charge sheet, trial Court awarded consecutive sentences and not concurrent sentences - Both cases were tried together - Conviction was recorded by one common judgment - Sentences were also recorded by one common order - High Court rightly concluded that sentences to run..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - It is open for Magistrate to award sentence up to maximum one month for each month's default made by person ordered to pay maintenance - Even Magistrate can entertain separate applications or even entertain a common application for several months of default and pass..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Applicability - Free and sudden fight - Accused party received seventeen injuries some were even by sharp edged weapon - Cross case registered - Complainant party was also convicted - It is a case of free fight between two groups which took place all of a sudden without common object to cause death - Thus, S.149..........
