Civil Procedure Code, 1908, Order 34, Rule 8(1), Limitation Act, 1963, Article 137 -- Mortgage & other than usufructuary - Suit for possession by way of redemption - Limitation for getting the final decree passed - Limitation is three years from the date fixed in the preliminary decree, unless it is stayed or suspended or the time prescribed in the preliminary decree is..........
Civil Procedure Code, 1908, Order 34,, Rule 8(1), Civil Procedure Code, 1908, Section , Order 34,, Rule 7(2) -- Usufructuary mortgage - Redemption - Final decree - The mortgagee is not entitled to apply for final decree - Only a mortgagor can apply to the Court to pass a final decree on payment of the amount found due under the preliminary decree till his right to redeem..........
Civil Procedure Code, 1908, Order 34,, Rule 7, 8 -- Usufructuary mortgage - Redemption - Preliminary decree - Default in depositing the mortgaged amount - Mortgagor in usufructuary mortgaged is not debarred from a right to redeem the mortgaged property...........
Civil Procedure Code, 1908, Order 34,, Rule 7, 8 -- Mortgage by conditional sale or anomalous mortgage - Final decree - Failure to pay the amount declared due by preliminary decree - The mortgagee can pray for passing a final decree debarring the mortgagor from claiming his right to redeem the property...........
Indian Penal Code, 1860, Section 302, 34 -- Conviction based on circumstantial evidence - Body of deceased was found in office of accused - Knife was there on the table with blood stains - Accused unable to explain about the injuries on the deceased - Held, that proof of motive is of no consequence when the evidence is strong and when circumstances speak loudly - Dispute..........
Indian Penal Code, 1860, Section 302, 34 -- Injuries inflicted with lathies on vital parts of body - Cause of death cardiac arrest - It cannot be urged that death was not the result of injuries but due to cardiac arrest - Cardiac arrest is only sign or symptom of death - It symbolises the end of life - Offence falls u/s 302 IPC - Conviction altered from one u/s 325 to..........
Indian Penal Code, 1860, Section 34 -- Common intention - If two or more persons intentionally do an act jointly, the position in law is just the same as if each of them has done it individually by himself - The existence of a common intention amongst the participants in a crime is the essential element for application of this Section - It is not necessary that the acts of..........
Indian Penal Code, 1860, Section 34 -- Common intention - Provision of S.34 IPC is applicable even if no injury has been caused by the particular accused himself - For applying S.34 it is not necessary to show some overt act on the part of the accused...........
Indian Penal Code, 1860, Section 34 -- Common intention - Direct proof is seldom available - Can only be inferred from facts and circumstances of the case - To prove the charge of common intention prosecution has to establish by evidence, by direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are..........
Indian Penal Code, 1860, Section 302, 34 -- Co-accused exhorting another co-accused to kill the deceased - Said co-accused killing the deceased - Appellant having no role in the killing - No evidence of common intention - Conviction and sentence u/s 302/34 set aside...........
