Partition suit -- Co-sharers - Plea of ouster - Defendant intended to exclude only plaintiff from suit property by plea of ouster - However, other co-owners do not dispute title of plaintiff - Moreover, defendant curiously does set up exclusive title in himself as he is claiming 1/4th share thereby admitting title of other co-owners - Even, defendant was in possession of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for re-examination - Victim cross-examined at length - Plea that it was because of her ill health that she could not narrate the entire facts - However, nothing on record that victim was not well on that day - Observation of trial Court that application has been deliberately filed due to some kind of compromise..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea that wife is earning - Even if wife is earning, husband is legally and morally bound to maintain her - Maintenance u/s 125 Cr.P.C is to prevent vagrancy - Wife is equally entitled for living standard which she was enjoying while living with her husband - Interim maintenance rightly awarded to wife and..........
Transfer of Property Act, 1882, Section 54 -- Sale deed by power of attorney holder - Plea of breach of duty by selling property below the agreed price by power of attorney holder - Cannot invalidate sale or render it null and void as perusal of the power of attorney will make it clear that any restriction on the price is conspicuous by its absence in the power of..........
Co-owner -- Rights and liabilities - (i) A co-owner has right and interest in the whole property and also in every parcel and infinitesimal portion of the co-ownership property; (ii) No doubt possession of the joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (iii) One co-owner's mere occupation of a..........
Adverse possession -- Suit for declaration and injunction - Defendants claiming adverse possession on basis of unregistered sale deed of suit property valued more than Rs.100 - Compulsorily registerable document not registered could not be relied upon in evidence - There cannot be finding on adverse possession when claim is based on a document inadmissible in evidence -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership on basis of gift deed - Origin of gift deed was disputed by executant during her lifetime - Lower Courts thus, were right in weighing evidence of gift deed on the touchstone of its validity first rather than its form and content - Plea as to invalidity of gift deed is not to be..........
Indian Penal Code, 1860, Section 420 -- Cheating - Allegation that accused furnished bogus appointment order to 26 persons - However, accused pleaded that once the accused acquitted under charge of forgery, offence u/s 420 IPC can also go - Plea rejected, as from evidence of PW1 accused represented to PW1 that they will get employment and upon such promise PW1 delivered a..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not led any evidence that he was ready or willing to perform his obligations under the agreement - However, plaintiff alleged that he did not pay the balance consideration, as defendants failed to remove encumbrance on suit property - It is evident from agreement that liability to..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Defendant has not raised any plea in relation to discrepancy with regard to boundary or extent of property in written statement - When there are no pleadings, First Appellate Court was not right in non-suiting the plaintiffs based upon contentions raised at the time of arguments...........
