Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Accused appeared suddenly on the trolley of tractor, fired at deceased and jumped down - Prosecution stated that deceased was sitting on mudguard of tractor at the time of death but no blood was found there - Inquest report suggestive of the fact that deceased was driving the tractor during night..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Security Interest Enforcement Rules, 2002, Rule 8(5), 8(6), 9(2) - - Sale of secured assets - No terms settled in writing between parties that sale can be effected by private treaty - Borrowers not even called to joint meeting - Sale effected without complying..........
Hindu Law -- Hindu Co-parcenary Property - Partition - Presumption - Once a partition in the sense of division of right, title or status is proved or admitted, all joint property would be presumed to have been partitioned or divided - Consequently, the burden of proof that certain property was excluded from the partition would be on the party that alleges the same to be..........
Agreement to sell -- Specific performance - Co-owners - A co-owner can alienate his share in the joint land and can even give possession of the same - However, it is subject to partition amongst co-owners...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Joint communication of right available u/s 50 of the Act to accused persons - Such a communication would frustrate very purport of S.50 - Communication of said right to person who is about to be searched is not an empty formality - Communication of this right has to be clear,..........
Court Fees Act, 1870, Section 7(iv)(b), Article 17(vi) -- Court fee - Suit for partition - Co-owners - Unless ouster is pleaded, co-owners would be deemed to be in joint possession of a joint property and in a suit seeking partition court fee of Rs.19.50 has to be affixed and not with reference to value of property with reference to share of parties to be separated...........
Indian Penal Code, 1860, Section 450, 395, 367, 323, 34, Criminal Procedure Code, 1973, Section 482, 320 -- Compounding of offence - Disputes between parties settled and joint statements filed - Certain other disputes over property also settled - Request by parties for compounding offences so as to save institution of marriage - Held, offences alleged against appellants..........
Hindu Law -- Joint Family Property - Mere filing of Income tax return for the purpose of getting some advantages under the Income Tax Law cannot be an evidence of any intention or part of parties to deal with property as indicated in return - Income tax documents themselves cannot prove the existence of joint family property...........
Hindu Law -- Joint family property - Partition - Plaintiff failed to prove that suit property was joint family property - No evidence that release deed in favour of defendants is unfair and prejudicial to the interests of plaintiffs - Suit was barred by principles of constructive res judicata on account of withdrawal of earlier suit filed by father of plaintiffs and..........
Partition -- Once, it is proved that partition proceedings were carried out at the back of plaintiff, then, partition proceedings as such are illegal and not binding on it - In that eventuality, land in dispute will be deemed to be a joint property of the parties and every co-sharer would be deemed to be in possession of every inch of land - In case, any co-sharer has..........
