Family settlement -- In a family settlement cum partition, the parties may define the shares in the joint property and may either choose to divide the property by metes and bounds or may continue to live together and enjoy the property as common...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Accused alleged to have killed his uncle and aunt by firing gun shots - Prior to incident there was a joint family and deceased were living amicably with accused - Prosecution failed to show that in past or immediately prior to incident some altercation took place..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Brother, attorney of petitioner, can make statement at the second motion - Trial Court cannot compel the personal presence of petitioner - Trial Court can refuse to record the statement of attorney if he is not duly constituted attorney and if Court comes to conclusion that averments contained in joint..........
Co-sharer -- Sale of specific numbers out of joint khata - Sale is deemed to be sale of share only and purchaser becomes a co-sharer along with other co-sharer & such purchaser steps into the shoes of seller...........
Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Co-sharer - Plaintiffs have failed to prove themselves as owners in exclusive possession of property in question as plaintiffs and defendant are co-sharers being purchasers from a joint khata and defendant had purchased the land prior to plaintiffs - No partition of joint khata took place till date - No..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Company - Vicarious liability of Directors - Mere bald averments in the complaint that accused persons were incharge and responsible for the conduct of day to day business of the company is not sufficient to hold them vicariously liable - It is incumbent upon complainant to specifically spell..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and cheating - Quashing of proceedings - Sale of joint property by suppressing certain facts - Nothing on record to show that complainant was dishonestly induced to deliver the property in question by making false or misleading representation - No..........
Family Settlement - - Joint family property - Non participation by a coparcener - It is binding when it is family settlement by Karta and it is not binding when family settlement is not by Karta...........
Land Acquisition Act, 1894, Section 5A(1), 5A(2) -- Acquisition of land - Non-consideration of objections filed u/s 5 A(1) - Held, it resulted in denial of effective opportunity of hearing to appellant - Manner in which Joint Secretary to Govt. approved recommendation made by Land Acquisition Collector favouring acquisition of property is reflective of total no,..........
Hindu Law -- Joint Family Property - Death of father - Leaving behind only minor daughters and their mother - Held, where father dies leaving behind only minor daughters and their mother as natural guardian, share of daughters became definite - Question of family partition retaining character of joint Hindu Family property does not exist...........
