Partition -- Partial partition - Parties consciously omitted to include residential property along with agricultural properties in partition deed of 1976 - Later on parties orally divided residential properties - Father released his 1/3rd share in residential property in favour of defendant - it will be improper to presume that father expressed relinquishment of his right..........
Co-sharer -- Partial partition - Suit for partial partition in absence of other co-sharers is not warranted in law...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Compensation - Enhancement - Appellant/Claimant was a young unmarried boy of 25 years of age at the time of accident - He did not suffer any kind of ailment - Appellant sustained fracture of both pelvic bones with rapture of urethra and abdomen injuries for which he went four operations and suffered..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Partial rejection of plaint - Cause of action - Expression `plaint' mentioned in O.7.R.11 of CPC means plaint as a whole without bifurcation - At time of rejection of plaint, Court must come to finding that plaint as a whole does not disclose cause of action - Partial rejection of plaint, not permissible under law...........
Indian Penal Code, 1860, Section 376 -- Rape - Partial or slight penetration is sufficient to make an offence of rape - Depth of penetration is immaterial - Penetration may not always result in tearing of hymen and same will always depend upon facts and circumstances of a given case...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of 8 years old girl - Partial penetration - Accused did partial penetration upon child victim of 8 years, which fact is duly supported by MLR of child victim - Absence of semen cannot nullify sexual assault upon child victim, particularly, when there is a gap of 4..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Suit for partial partition dismissed - Subsequent suit seeking separate possession by way of partition - Not barred by res-judicata or O.2.R.2 CPC...........
Negotiable Instruments Act, 1881, Section 4, Limitation Act, 1963, Article 21 -- Pronote - Limitation - Partial payment made and new pronote executed - Limitation cannot be counted from previous pronote...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Partial payment made and new pronote executed of the balance amount - It cannot be said that new pronote was not executed for consideration - S.118 of the Act provides statutory presumption in favour of correctness of negotiable instrument - It was for the defendant to rebut the same - Since defendant failed to..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal by plaintiff - No cross-objection or cross-appeal filed by defendant - Appellate Court committed error in setting aside partial decree passed by trial Court in favour of plaintiff without being challenged by defendant - Impugned order of Appellate Court set aside...........
