East Punjab Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord purchased property for their own use and occupation while taking into consideration surrounding circumstances - Landlords originally belong to family of goldsmith and jewellers who are dealing in various kind of ornaments - Landlord have not vacated any other premises..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Testatrix excluded her only son and daughter from her natural succession - Explanation given for such exclusion is that son and daughter have been given their due in other properties - Defendant/beneficiary of Will is only distant nephew of testatrix having no common interest in suit property with her or with..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Two accused were acting in furtherance of common intention and their act is gang rape - Medical evidence supported prosecution case - Nothing on record to say that prosecutrix deposed against her dignity to falsely implicate accused - Though there is delay of two days in lodging report, but merely on such delay,..........
Co-sharer -- Cannot seek an injunction against another co-sharer except in a case where he shows that other party is in exclusive possession of common property and act of person in possession of property amounts to ouster of co-owner. (Specific Relief Act, 1963, S.38)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Claiming exclusive right over common pathway/road - Sale deed in which plaintiff himself was a party speaks reference to common pathway/road - Defendant/Corporation also initiated action by treating same as public common road - There is thus, no bar for plaintiff to enjoy suit property as a whole with..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Accused `U' came to the spot after receiving call from co-accused - Whether accused `U' was sharing any common intention or not is yet to be considered by trial Court - Though trial Court framed charge u/ss 307, 34 IPC but prosecution stated that 5 persons assaulted injured persons - In such circumstances,..........
Criminal Procedure Code, 1973, Section 154, 300 -- Two FIRs - Sale of land on the basis of forged general power of attorney - Substratum of two FIR's common - Mere addition of Ss.467, 468 and 471 in the subsequent FIR cannot be considered as different ingredients to justify latter FIR as being based on different materials, allegations and grounds - Acquittal in earlier FIR..........
Indian Penal Code, 1860, Section 34 -- Common intention - Essence of liability u/s 34 IPC is simultaneous consensus of minds of persons participating in criminal act to bring about a particular result which consensus can even be developed at the spot...........
Indian Penal Code, 1860, Section 34 -- Common intention - To constitute common intention, it is absolutely necessary that intention of each one of accused should be known to rest of accused...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - Quarrel took place between accused and complainant - Main accused took out a pistol and opened fire - Prosecution miserably failed to establish any common, premeditated or prearranged intention jointly of accused and main accused to kill complainant on the spot or otherwise - Prosecution..........
