Partition suit -- Death of Christian intestate - Share of adopted children - There is no prohibition against adoption in Christian Law - Adopted children are co-sharers and thus, entitled to respective shares in suit property belonging to deceased/owner...........
Criminal trial -- When Court has power to pass a particular order, no, mention of provision of law or wrong mention of provision of law is inconsequential...........
Hindu Law -- Ancestral property - Succession - Prior to Commencement of Hindu Succession Act - Succession opened in 1951 on the death of great grandfather of plaintiff - Nature of property inherited by his son i.e grandfather of plaintiff was co-parcenary in nature - Even though grandfather of plaintiff had effected a partition of co-parcenary property amongst his sons in..........
Mitakshara Law -- Co-parcenary property - Alienation by Karta - Factum of sale deeds in question executed without any consideration, would itself show that suit property was sold without any legal necessity...........
Mitakshara Law -- Co-parcenary property - Alienation by Karta without legal necessity - Suit for declaration by plaintiff - Locus standi - Plaintiff being son of Karta a male coparcener in suit property, was vitally affected by purported sale of suit property by his father - He therefore, had locus to file suit for a declaration that suit property being co-parcenary..........
Mitakshara Law -- Co-parcenary property - Alienation by Karta without legal necessity - Onus was on alienee/respondent to prove that there was a legal necessity or benefit to estate or she had made bonafide enquiries - Respondent completely failed to discharge said burden - More so, sale deeds were without any consideration - Sale deeds in favour of respondents set aside -..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Remand of case - Appellant raised formidable issues on facts as well as on law which ought to receive proper attention of High Court in first instance in exercise of power u/s 96 CPC - Additionally, High Court will have to address grievance of appellant that some of documents which in opinion of appellant are crucial..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on condition to pay Rs.70 lakhs - Death of 7 pilgrims and 10 injured in festival - Accident took place on suffocation due to congestion and rush - Petitioner was not even named in FIR - From averments of FIR, it does not appear that petitioner was responsible for death - Even otherwise, it does not appear..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained clothes of deceased and weapon of offence - Blood stained clothes of deceased and also blood stained `Katti' was recovered at the instance of accused from his house in presence of Panchas under memorandum - Same was sent to FSL - When weapon used for..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Substantial question of law - Framing of substantial question of law in second appeal is not mandatory so far as State of Punjab is concerned since Punjab Act would be applicable for State of Punjab - S.100 CPC would not hold the field having supervening effect...........
