Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Determination of income of husband - Person engaged in un-organised or semi-formal sectors, such as property dealing, often do not have neatly documented income streams - In such situations, Court cannot be expected to insist on mathematical precision - A reasonable and pragmatic assessment, drawn..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Motive - PW1 stated that accused wanted to sell ancestral land which was being opposed by deceased - PW2/real brother of accused and deceased in his evidence stated that accused wanted to sell his land which was being opposed by deceased as accused used to drink liquor after selling his land, due to that reason accused..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit was filed for declaration of title and plaintiff disputed the right and title of defendant over suit property - When such is the case, transfer of property or selling part of suit property to proposed party during pendency of suit proceeding is subject to Doctrine of Lis Pendens..........
Guardians and Wards Act, 1890, Section 47(a) -- Sale of minor's property by mother - Mother is a widow and she is facing difficulties in managing property in question - Considering meagre salary drawn by her, quality of education she is trying to provide to her minor daughters and their future needs, she seeks to sell property - Mother is ready to deposit entire sale..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - When suit for declaration was filed based on title to suit property in favour of plaintiffs ancestors and so after them in plaintiffs, plaintiffs had to prove the title of their ancestors to suit property by adducing cogent evidence of title...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for recovery of possession and arrears of rent - Lis only between plaintiff and defendant - Plaint nowhere contains any submissions or allegations against petitioner nor any relief has been prayed for against her - Petitioner sought his impleadment on the basis of ownership over suit property -..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Dispute is essentially with regard to payment of service charges between owners of property and its user i.e. respondent No.3 - Therefore, no other person has any right to be impleaded so as to defend suit regarding payment of service charges - Appellant claims to be successor of respondent No.3..........
Indian Penal Code, 1860, Section 420, 468, 192, 471, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.420, 468, 192, 471 IPC - Quashing of FIR - No allegation in FIR discloses any inducement, much less fraudulent or dishonest inducement, on part of any person which has resulted in parting with property by respondent-3 - Even, allegation that notice prepared in..........
Agreement to sell -- Oral agreement - Agreement to sell does not create any interest in or charge on property - Ownership remains with seller hence, it does not require to be written on paper and it can be oral agreement as well...........
