Adverse possession -- Suit for declaration of title - Defendant in possession of suit property since 1997-1998 - Suit filed in 2000, cannot create any right in favour of defendant, as period is less than 12 years - Plea of adverse possession rejected...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant contended that mutation of suit property is in his favour - However, defendant failed to produce certified copy of mutation register - Plea taken by plaintiffs is found trustworthy that defendant is neither in legal possession of suit property nor same was validly mutated in his name - Suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of ownership - Plaintiffs in their plaint are claiming to be natural legal heirs of deceased - Defendant on the other hand are disputing natural succession of deceased on basis of Will - Thus, it cannot be said that plaint filed by plaintiffs does not disclose any cause of action -..........
Finance Act, 2017, Section 184 -- Validity of S.184 of the Act: (i) S.184 Provisos First, Second and Third of the Act in respect of fixing 50 years as minimum age for appointment to Tribunals and payment of HRA, S.184(7) relating to recommendation of two names for each post by SCSC and further requiring decision to be taken by Government preferably within 3 months are..........
Succession Act, 1925, Section 263 -- Revocation of probate - Plaintiffs claiming that deceased obtained probate of Will by playing fraud by not disclosing about other legal heirs of deceased, thus Will be declared null and void ab initio and illegal - This power vests not in civil Court but probate Court in terms of S.263 of the Act - Since plaintiffs have applied for..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Simpliciter suit for injunction is not maintainable when plaintiff did not add relief of declaration as defendants had set up title in themselves on the basis of Will...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Co-sharers - Land in question belongs to Gram Panchayat, which has not been impleaded as party - Injunction sought against co-sharers on the strength of an entry made in the Bahi in the year 1991 at a belated stage after 10 years - Possession is also stated to be of year 1960 and..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Application U.O.12.R.6 CPC filed after almost 7 years from alleged admission - Even, if it is taken to be as an admission, it cannot be questioned after 7 years - Application filed only after a period of 7 years from alleged admission, is a clear case of..........
Evidence Act, 1872, Section 32 -- Oral dying declaration - Conviction can be recorded solely on the basis of a dying declaration or even on basis of an oral dying declaration - However, such dying declaration should be free from any doubt and must pass scrutiny of reliability...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two oral dying declarations - Murder - Deceased in his first dying declaration stated nobody's name and number of persons who were involved in commission of crime is stated to be two - Whereas, in second dying declaration, name of accused was taken with three more unknown persons - There is thus,..........
