Partition -- Partial partition - If the property is not joint family property and parties are not coparceners but are only co-owners or tenants-i, common, rule of partition is not so rigid and even partial partition can be allowed if there is not much inconvenience to other sharers...........
Partition -- Partial partition - Normally when a partition is sought through intervention of Court, general rule is that entire joint property owned by co-owners, whether as joint tenants or tenants-i, common, must be brought into hotchpot for division by Court...........
Partition -- Partial partition - Plaint in a suit for partition must embrace only such property in which plaintiff has community of interest and unity of possession - Where a purchaser acquires an interest in the coparcenary property, transfer really effects a severance of joint status in respect of the property transferred and he becomes a tenant-i, common in respect of..........
Indian Penal Code, 1860, Section 302, 324, 341, 342, 149, 148, 147 -- Murder - Unlawful assembly - Common object - Deceased and accused belong to two political parties opposed to each other - There were three other incidents of clashes between rival groups - Incident occurred in the year 1993 - Present accused attacked the deceased with sticks causing simple injuries on..........
Indian Penal Code, 1860, Section 302, 149, 147, 148 -- Murder - Common object - Unlawful assembly - PW1, eye witness to the incident has seen five persons fatally assaulting her husband/deceased - She categorically named five persons assaulting deceased in her testimony - Factum of presence of five persons on the spot is not doubtful - All the accused were identified and..........
Indian Penal Code, 1860, Section 409, 418, 423, 425, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of Criminal Complaint - Complainant company in its wisdom had withdrawn complaint against tow persons who were officer of Kotak Bank from common complaint made against four persons - Court, do not find any reason as to why remaining two persons who are officer..........
Indian Penal Code, 1860, Section 302, 332, 353, 149 -- Murder - Common object - Evidence on record shows that accused `L' alone was responsible for overrunning the body of deceased by use of tractor - Minor role was played by other accused - There is no corroborative evidence to support their active participation in the incident - Accused `L' held liable u/ss 302, 332,..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Reply to replication - In common law pleading, word `replication' is generally used, which means reply made to the defendant's plea and `rejoinder' is used in general sense pleadings to refer to the second pleading of the defendant being his answer to plaintiff's replication...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - It is not essential that bodily injury capable of causing death should be inflicted in order that charge u/s 307 IPC be made out - It is enough if there is an intention coupled with some common act in execution thereof...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - Two bombs were hurled towards PW1, from which it can safely be inferred that intention was to cause death - Words uttered by A-4, that PW1, ought to be killed, also lend further credence to this view - Motive of crime also proved - Though nature of injuries were simple in nature, but this..........
