Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment when hot exchanges started between parties and accused opened fire on deceased - Both the parties are related to each other and there is a land dispute between parties pertaining to right of way - Case would squarely fall within ambit of culpable homicide not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Respondent has a direct interest in the land in dispute - Respondent rightly impleaded...........
Hindu Law -- Joint Family Property - Co-sharer in possession can transfer a specific portion of land and transferee is entitled to remain in possession till the partition...........
Rent and Eviction -- Bona fide requirement - Death of landlord during pendency of eviction proceedings - Remand of case on the ground that on death of landlord during pendency of eviction proceedings his heirs had to demonstrate afresh, the bona fide requirement of leased land - Crucial date for deciding the bona fides of requirement of landlord is the date of his..........
Civil Procedure Code, 1908, Section 54 -- Partition suit - Division of revenue land - Advocate appointed as Commissioner for division of revenue land by trial Court while passing preliminary decree - Collector or any Gazetted Subordinate Officer who is deputed by collector is entitled to division of revenue land as per S.54 CPC - Preliminary decree and final decree passed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff had raised construction over vacant land in front of ancestral house which earlier served as a passage to his house and on such account he was disentitled from claiming right of passage from veranda which has fallen to share of defendant -..........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Lease in question was for the purpose of business and/or factory - Property described in schedule to be estimated 16 cottahs of land with a factory shed/godown space - Such description would not be sufficient to establish that same was for manufacturing purpose - Lease in question was given for commercial purpose..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Where there is controversy as to identification, location or measurement of land, local investigation should be done at an early stage so that parties are aware of report of Commissioner and go to trial prepared and object of local investigation U.O.26.R.9 CPC which cannot belittled...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiffs specifically asserted in plaint that a notice was served upon them to vacate the possession - It shows that plaintiffs were not being dispossessed forcibly - Therefore injunction could not have been granted to the plaintiffs on the plea that a trespasser cannot be ejected from the land in his/her..........
Agreement to sell -- Recovery of earnest money - Plaintiff was not ready and willing to buy the land in question on target date fixed for execution and registration of sale deed as he was not possessed with balance sale consideration - Readiness and willingness on the part of plaintiff not proved - Suit rightly dismissed...........