Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death by burning - Deceased suffered 80% superficial deep burns - Dying declaration of deceased shows that incident occurred at the spur of moment when parties were in an inebriated state - Accused No.1 did not contrive to use weapons to injure deceased and kerosene being a common household article..........
Civil Procedure Code, 1908, Section 96, Order 41 -- Appeal - Jurisdiction of appellate Court cannot be made dependent on fluctuating valuation of claim in appeal - Valuation of claim in appeal has relevance only for the purposes of Court fee - Valuation for the purposes of determining jurisdiction and for the purposes of Court fee are two distinct factors - They need not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners, joint-owners - (i) a co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in the common property absolutely and simply because he is a co-owner unless any act of the person in possession of the property amounts to ouster prejudicial or adverse..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased a man of criminal antecedent and he himself indulged into quarrel with accused and was going to fire at him - None of PWs examined in support of prosecution case, can be termed to be wholly reliable, as at different places they gave different statement - Even wife and son of deceased not..........
Hindu Law -- Joint family property - Partition - Father died in 1973 leaving behind his widow and four sons - Ancestral property in the hands of father and other coparceners, devolved by succession u/s 8 of Hindu Succession Act and thus, ceased to be joint family property on the death of father - Widow and other co-parceners held the property as tenants in common and not..........
Proof of age -- Eligibility criteria copy of Secondary School Leaving Certificate - It does not make any difference in case School Leaving Certificate is of Higher Secondary School - In case, a copy of Secondary School Leaving Certificate can be accepted as proof of age, it does not even strike to common sense as to why copy of Higher Secondary School Leaving Certificate,..........
Specific Relief Act, 1963, Section 26 -- Usage "mutual mistake of the parties" occurring in S.26 of Act is synonymous with "common mistake" as commonly understood under English Law...........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Earlier suit filed on the basis of award and its consequential enforcement was dismissed for defect in the jurisdiction of Court - Rights of plaintiff in subsequent suit for partition and recovery of properties filed on the basis of title and share in ancestral and common properties of firm did not get..........
Adverse possession -- Where plaintiff and defendant had inherited properties in question from common ancestor, alternative plea of adverse possession by defendant was inconsequential...........
Specific Relief Act, 1963, Section 34, 37, 38 -- Common passage - Suit for declaration - Local Commissioner in his report proved the existence of common passage and also that there is no other passage than the said common passage which is available to plaintiff to approach public road - Said report is corroborated by defendant Nos.3 to 6 as they admitted in their written..........
