Indian Penal Code, 1860, Section 302 -- Triple murder - Accused committed murder of his father, step mother and step sister by administering poisonous substance in sweets - Case resting on circumstantial evidence - There was bitter enmity between accused and deceased over division of property - Accused, after murder, put the bodies in two trunks and placed it in different..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application for - Delay of 7 years - Petitioner, son of defendant sought his impleadment after lapse of 7 years form the date of institution of suit on the ground that he is coparcener of joint Hindu family - Earlier Trial court was directed to conclude the proceeding within one year - Evidence has..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Sons of defendant allowed to be impleaded as a party to the suit on the plea that property in dispute is ancestral coparcenary joint property in the hands of their father and he has no right to alienate the same - Held, in a suit for specific performance, a third party..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was presented - Gift deeds were..........
Hindu law -- Coparcenary property - Settlement made without consent of other co-parceners - Partition suit - Absence of prayer for setting aside of settlement deed - Held, one co-parcener cannot create a settlement deed with regard to the share of other co-parceners without the consent of the co-parceners - If a settlement is made without the consent of other..........
Seeds -- Defective seeds - Cotton seeds - Report of the Agricultural Officer that crop failed due to genetic failure of the seeds - It is in evidence that the inspection was done by AO after the harvesting was over - Observation by the Joint Director (Agriculture) a senior authority that at the state of harvesting any assessment of defect in seeds is not possible - Genetic..........
Seeds -- Defective seeds - Cotton seeds - Report of the Agricultural Officer that crop failed due to genetic failure of the seeds - It is in evidence that the inspection was done by AO after the harvesting was over - Observation by the Joint Director (Agriculture) a senior authority that at the state of harvesting any assessment of defect in seeds is not possible - Genetic..........
Seeds -- Defective seeds - Cotton seeds - Report of the Agricultural Officer that crop failed due to genetic failure of the seeds - It is in evidence that the inspection was done by AO after the harvesting was over - Observation by the Joint Director (Agriculture) a senior authority that at the state of harvesting any assessment of defect in seeds is not possible -..........
Suit for partition -- Only those properties to which family has clear title has to be included - When property of somebody else is included and same is contested by third party, on being impleaded as a party, then onus is on plaintiff to prove that disputed property belongs to the joint family excluding someone who claims that some portion of it does not belong to the..........
Protection of Women From Domestic Violence Act, 2005, Section 2(e) -- Expression "Domestic relationship" - Held, it envisages a relationship between two persons for its applicability with additional requirements of their living together presently or in past, in shared household when they are related - (1) by consanguinity, or (2) by marriage, or (3) by a relationship in..........
