Showing : 3461-3470 of 6951 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 104, 101, 103-- Execution - Possession - Execution filed in 2004 - Appellant filed suit for specific performance in the year 2005 - O.21.R.104 is not applicable as the suit was filed later in point of time than the commencement of the execution proceedings...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Opium - Recovery of 10 kg. - Conscious possession - Possession proved - There is statutory presumption against accused that he has committed offence - Burden of proof shifts on accused to rebut that presumption...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 313-- Opium - Recovery of 10 kg. - Plea that in examination of accused u/s 313 Cr.P.C. no question was put to him about conscious possession - Held, in statement u/s 313 Cr.P.C. the requirement is to be put incriminating circumstances appearing against him in prosecution evidence and not either the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d)(i), 20-- Illegal gratification - Bribe money recovered from possession of accused - Conviction on the sole testimony of complainant - PW in whose presence the bribe was given not examined - Presumption under S.20 of the Act raised - Accused convicted on the sole testimony of complainant as the same was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Haryana Urban Development Authority Act, 1977, Section 42-- Plot allotted on 19.12.2003 - Possession delivered on 25.09.2006 - Building plan not submitted within 3 years and thus rejected - Letter of offer of possession not dispatched as per requirement of Section 42 - Held, limitation of three years to submit building plan will commence from the date of..........
GAUHATI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Plaintiff filed title suit taking plea in original plaint that their predecessors in interest was Bargadar of predecessor in interest of true owners - By way of proposed amendment in the plaint plaintiff wanted to raise the plea of advance possession - Held, that land even if..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a)-- Sub letting - Brothers of tenant in exclusive possession of shop - Tenant contended that brothers are running business alongwith him in partnership - Evidence that the share of tenant is only 20% - Tenant did not produce account book, bank account, contribution of share capital and distribution of..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Concurrent findings of both Court below that plaintiff has no title to land in question - Report of Commissioner on possession of land is of no benefit to plaintiff - Fact of dismissal of earlier suit and settlement between parties suppressed - Application for temporary..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Adverse possession-- Law as to - Needs a change as law of adverse possession deprives the ownership of a person merely for inaction within limitation - The law at present is extremely harsh for the true owner and a windfall for a dishonest person who had illegally taken possession of the property of the true owner -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Adverse possession-- A person claiming adverse possession should show : (a) on what date he came into possession; (b) what was the nature of his possession; (c) whether the factum of possession was known to the other party; (d) how long his possession has continued, and (e) his possession was open and undisturbed - A..........

Showing : 3461-3470 of 6951 Results