Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 IPC - There is allegation that petitioner beat on the cheek of minor victim and kicked him down and the same made sufferings to the child - It is also alleged that, mother of victim shared common intention with the petitioner herein in doing the said overt acts, prima facie - Offence punishable u/s 323 r/w..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff is claiming only easementary rights over the second item of suit property, which is a common pathway - He has not purchased the common pathway - It is the defendant who is claiming right over second item of suit property, but he has not filed any documents to prove the same - Claim of defendant is..........
Specific Relief Act, 1963, Section 38, 0, Permanent injunction -- Dispute regarding common passage - Portion `A' was purchased by plaintiff and portion `B' in the back was purchased by defendant - Plaintiffs have agreed to leave 15 feet wide common passage in their portion `A' for common use by both defendants and plaintiffs for purposes of ingress and egress to their..........
Document -- Interpretation - Where the language employed in the instrument is clear and unambiguous, common literary meaning ought to be assigned in interpreting the same and one should not fall back on any other inference - Only the expression in clear words contained in the instrument/document must be considered and not the surrounding circumstances...........
Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25(1B)(A) -- Murder - Circumstantial evidence - Ballistic report connects pistol recovered from appellant with the bullet recovered from the body of deceased - Said discovery and recovery is attributable to the disclosure statement provided by co-accused which is governed by Ss.8, 27 of Evidence Act -..........
Specific performance of contract -- Where the relief of specific performance of contract could not have been granted under common law, same cannot be granted to appellant in the absence of any legal right in exercise of extraordinary discretionary jurisdiction u/art 226 of Constitution...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Suit for possession by way of pre-emption - Minors were impleaded through their real brother/defendant No.1, who was major at the time of filing of suit - Defendant No.1 was the most natural choice to be guardian of minors, being in blood relation, his interest was also similar to that of other..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Statements made in FIR along with statements of PW1 and PW2 though establish that appellant was there on the spot - However, nowhere in the FIR or in the evidence it is mentioned that when appellant along with co-accused reached place of incident he was sharing common intention with co-accused to..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Presence of A-5 and A-6 at the scene of crime with the other co-accused amounted to an unlawful assembly which is sufficient for their conviction - Their active role in surrounding the deceased with the common intention to kill him proved on record - Motive of crime is also proved -..........
