Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same parties nor regarding same..........
Mohammedan Law -- Oral gift - Validity - No evidence as to when oral gift was made or when alleged delivery of possession was made - One of the essentials of oral gift i.e delivery of possession is lacking - Concept of symbolic delivery of possession, not applicable to the facts of case as donor and donee are not residing together, in the property, which is the subject..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will - Assertions of both the parties..........
Specific Relief Act, 1963, Section 16, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Specific performance of agreement - Whether suit is for land? - In instant case, respondent took possession of assets and later entered into Private Treaty Agreement with appellant for sale of said property by execution..........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Mortgage of property to tenant - Tenancy merges with mortgage - There is implied surrender of tenancy at the time of creation of mortgage - After redemption of mortgage, tenancy does not revive and tenant cannot claim any right to remain in possession of tenanted premises, in absence of execution of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Encroachment and construction during pendency of suit - Compensation - Once plaintiff proves his case regarding ownership and entitlement for restoration of his possession against wishes of plaintiff, it would be wholly unjust and inequitable to deny him appropriate adequate relief of restoration/of possession..........
Agreement to sell -- Specific performance - Agreement to sell does not require compulsory registration for seeking relief of specific performance - Suit for specific performance based on unregistered agreement to sell accompanied by delivery of possession or executed in favour of a person who is already in possession is not barred by S.17(1-A) of the Registration Act...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Disproportionate assets - Accused alleged to be in possession of assets disproportionate to his known sources of income duly shown in income tax returns which are supported by contemporaneous documents and intimations to Government - If amounts in question, which were duly intimated and are reflected in Income..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 68 kgs charas - Drugs trafficking - Secret information - Prosecution failed to explain as to why there was delay of 12 hours in recording statement of official witnesses - Material witness not examined by prosecution - I.O. has not even prepared the spot map - Contradictions in the..........
Registration Act, 1908, Section 17(1)(A) -- Agreement to sell - Possession delivered - Agreement unregistered - Held, plaintiff cannot claim possession or right in immovable property on the basis of unregistered agreement of sale, as it is not admissible in evidence and cannot be looked into for purposes of deciding the case - Plea of plaintiff that unregistered document..........
