Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Purchase of land by plaintiff through registered sale deed - Defendants neither filed counter claim, claiming title over suit property on basis of will nor produced material on record to disbelieve existence of sale deed executed in favour of plaintiff - Plaintiff in possession of suit..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Admittedly, plaintiff was not party to sale deeds - Hence, sale deeds are not binding on plaintiff - Concept of challenging a document comes into play only if person is party to document - Plaintiff has already filed a suit for declaration with regard to ownership on basis of a sale deed, correctness whereof..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that Will and adoption deed is null and void - Attesting witnesses of Will could not identify the person/testator whose photograph was affixed on Will - None of parties to Will and adoption deed appeared before Tehsildar and they did not know parties personally and nor any ceremony of adoption took place in..........
Indian Penal Code, 1860, Section 302, 201, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Two extra judicial confessions - Acquittal of some co-accused but conviction of appellant - If such week piece of evidence of co-accused was not duly proved or found trustworthy for holding other co-accused guilty of committing..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 506, 509, 34 -- Offence u/ss 506, 509, 34 IPC - Discharge - Altercation - Beyond this nothing to show that there was any criminal intimidation or outraging of modesty - Accused rightly discharged...........
Indian Penal Code, 1860, Section 34 -- Common intention - Essence of S.34 IPC is consensus of minds of persons participating in a criminal action to bring about a particular result...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Common intention - Accused had given knife blow on neck of deceased which resulted into death of deceased on next day - Considering opinion of doctor, weapon used in committing offence and body part where knife blow was given, accused had intention to cause death while deceased was caught hold by two other accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 364A, 302, 201, 34 -- Interim bail - Cancellation - High Court while granting bail failed to notice crucial aspects which have a bearing on whether or not a case for exercise of jurisdiction to grant bail u/s 439 Cr.P.C was established - High Court also failed to note that crucial witnesses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - High Court granted bail to accused without taking into consideration the relevant facts and circumstances and appropriate evidence which proves that accused has been charged with a serious offence - Grant of bail to accused only on the basis of parity shows that order..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was strangulated to death by accused and an attempt was further made to conceal his identity by pouring acid over the body - Medical evidence shows that deceased was assaulted by two or more persons and that injuries were homicidal in nature - Landlord of..........
