Hindu Law -- Joint Hindu Family - Merely because business is joint would not raise presumption that there is a joint Hindu Family...........
Hindu Law -- Joint Family Property - Burden to prove - Burden lies upon person alleging existence of joint family to prove that property belongs to joint Hindu family unless there is material on record to show that property is nucleus of joint Hindu family or that it was purchased through funds coming out of this nucleus. (Evidence Act, 1872, S.102)...........
Hindu Law -- Joint Family Property - Agricultural land - Partition suit - Where plaintiffs failed to prove that they were getting any proceeds from income of agricultural land, it indicates that said land was not joint...........
Hindu Law -- Joint Family Property - Partition - Plaintiff failed to prove that there is Hindu Undivided Family - No evidence on record that agricultural lands were owned by grandfather or brother of grandfather of plaintiff - Various parts of lands were transferred to various other persons and these transfers were not challenged by plaintiff at relevant time - Plaintiffs..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Death sentence - Offence committed in extreme mental or emotional disturbance, due to elopement of wife of accused with uncle of children - Only aggravating circumstance against accused is that incident took place in brutal manner - At the time of occurrence, accused 28 years of..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Accused has two daughters of marriageble age viz. 19 and 21 years - There is no male member in family to take care of family and also of daughters - Considering peculiar facts and circumstances of case, sentence awarded to accused is reduced from five years to two years...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Hospital - Trust run as a private family Trust by ignoring object of trust - Plaintiff prayed for framing of a proper scheme of administration and for appointing trustees from medical profession - If in respect of a trust which had set up a hospital, a request is made for framing of a proper scope of administration..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II), 148, 149, Explosives Act, 1884, Section 9B(2) -- Nature of offence - Bomb Blast - Accused assaulted PW6 prior to hurling of bombs at his family - Deceased died due to bomb injury at the time when family of PW6 were returning from place where assault on PW6 occurred - Act of hurling bombs was in very close..........
Hindu Succession Act, 1956, Section 8, 4, 3(a), (e) -- Property of adoptee inherit from adoptive family - Children born to adoptee before his adoption entitled to inherit his property in adoptive family, as Act do not make any distinction between son born to a father prior or after adoption of his father - Since there was a full blood relationship between three sons (born..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% physical disability - Compensation - Attendant charges during which claimant hospitalized - When claimant was hospitalized, family members must have accompanied her - Amount for loss of wages and amount they would have spent in hospital for food etc. must be paid - Claimant would have had at least two attendants and..........
