Partition -- Issue regarding use of tubewell - Deed of partition does not make a provision for tubewell and its electric connection - Same would therefore, continue to be joint, particularly when there is no evidence led to prove that plaintiff has another source of irrigation apart from said tubewell - No interference warranted in said concurrent findings of Courts below...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 32 kg poppy husk - Reduction of sentence - Recovery effected from joint possession of both the accused - Both the accused are not previous convicts or have not indulged in any illegal activities after their conviction in the year 2005 - Sentence of accused thus, reduced from R.I for 1 year each..........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Death of one of plaintiffs - Failure to bring on record LRs of one of plaintiffs may or may not result in abatement of suit as a whole - Suit as a whole can abate only if cause of action is joint and indivisible...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 52 kg poppy husk - Joint offer given to both the accused to avail right u/s 50 of the Act - Even consent was taken jointly - More so, trial Court failed to appreciate that while acquitting co-accused, charge against whom was that he was in joint possession, conviction of accused cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 52 kg poppy husk - Search and seizure - PW3 stated that after preparing joint consent memo, he effected recovery and by preparing sample and bulk parcels, he sealed them and then prepared a sample chit - Recovered contraband was taken in possession vide recovery memo and thereafter..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Recovery of 52 kg poppy husk - Co-accused was already acquitted and in statement recorded u/s 313 Cr.P.C, though it was put to both the accused that they were found in joint possession of poppy husk - But, no specific question was put to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Relief of possession not claimed - Suit for declaration with consequential relief of joint possession is maintainable, as plaintiffs were co-sharer and relief of specific possession cannot be ordered by Court in these proceedings...........
Hindu Marriage Act, 1955, Section 16(3) -- Children born out of void marriage - Though regarded as legitimate are not entitled to any share in ancestral coparcenary joint family properties of their parents - Their right to claim share remains limited only to the extent of separate property of their father and such right will accrue only on death of their father, by way of..........
Partition suit -- Plea of adoption of plaintiff taken by defendant - Defendant contended that plaintiff not entitled to share of property, as he was given in adoption - However, defendant failed to discharge the burden of proof which heavily rested upon him in proving case of adoption of plaintiff - Since properties are joint family properties, plaintiff is entitled to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties compromised during pendency of appeal in Supreme Court against order of High Court reversing decree of divorce - Independent and conscious decision taken by parties to a decree of divorce by mutual consent - Joint application for divorce by mutual consent signed by respective counsel along with..........
