Transfer of Property Act, 1882, Section 11 -- Conditional sale - Restrictive covenant - Condition stipulated in sale deed of previous owner not to use common chowk for private purpose - Cannot be enforced against subsequent owner when no restriction is mentioned in sale deed of subsequent owner as to use of common chowk...........
Indian Penal Code, 1860, Section 302, 307, 323 -- Murder - Death of six persons by hitting with the bus and eleven persons injured - Presence of accused `N' in the bus or at the spot unclear - No test identification parade of accused `N' conducted - No evidence to show that accused `N' shared common intention with other accused for committing alleged crime - Accused `N'..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of defendant as plaintiff - Can be made only when defendant has some interest in common with that of the plaintiff - A proforma defendant can be transposed as plaintiff only when interest and identity are same between the plaintiff and one or more of the defendants - A person, whose interest is adverse to the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Shamlat - Dispute over identity of land - Appellate authority relied only upon statement of Kanungo that no document on record to connect present land with shamlat land owned by Gram Panchyat - Held, that consolidation scheme or the other relevant old revenue record ought to have been summoned by..........
Indian Penal Code, 1860, Section 302, 34, 449, Evidence Act, 1872, Section 3 -- Murder - Common intention - Appreciation of evidence - Dispute between over land - Deceased transferred a share of land in favour of accused for a specific sum - Day before execution of sale deed, accused hit the deceased with datar resulting into septicemia due to brain tissue infection and..........
Indian Penal Code, 1860, Section 141, 149 -- Unlawful assembly - Common object - Even if any one member of an unlawful assembly commits an offence in prosecution of common object of that assembly, every person who at the time of committing of that offence was a member of unlawful assembly is guilty of that offence...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Court is still obliged to write a judgment as understood in common parlance - The whole process of reasoning has to be set out for deciding the case one way or the other - Judge cannot merely say `suit decreed' - Whole process of reasoning has to be set out for deciding the case..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment of land - Building of house - Respondent built a house on encroached land of Gram Panchayat - Respondent constructed the house more than a decade back and by demolition of house and by restoring pathway, is not going to enure to benefit of anybody - Therefore, in interest of justice, dispute..........
Indian Penal Code, 1860, Section 302, 34, 504 -- Murder - Common intention - When all the three accused persons separately armed with weapons storm into house of deceased, merely because only one out of them uses the weapon and gives the fatal blow, would not absolve others - Other two accused may not be required to use their weapons but that by itself does not change..........
Indian Penal Code, 1860, Section 302, 324, 394, 34 -- Murder - Common intention - All three accused had come armed with firearms with common object and intention of committing murder of deceased - For applicability of S.34 it does not matter as to who actually fired the shot - It also does not matter that accused `B' had not fired the shot - Fact that all accused..........
