Showing : 131-140 of 975 Results

CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145-- Scope of inquiry u/s 145 Cr.P.C. - Question of right to possession is foreign to scope of enquiry - Only question of actual possession has to be determined and to be decided by Magistrate - Question of title should not be allowed to be agitated...........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145(4)-- Restoration of possession - Magistrate while passing order of restoration of possession not recorded a finding that respondent was forcefully and wrongfully dispossessed prior to 2 months from date of passing of preliminary order - Such finding is sine qua non for passing order of restoration of..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145, 146-- Order releasing attached property - Dispute as to ownership and title of property - Both the sides had produced evidence regarding ownership and title of land in question - Proceedings were initiated in 1995 u/s 145 Cr.P.C. and they continued for 10 years - SDM exceeded his jurisdiction in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Possession-- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Suits Valuation Act, 1887-- Suit for possession based on title - It is not necessary for plaintiff to prove his dispossession for seeking relief of possession - Plaintiff on the basis of his title can recover back possession of suit land - It is for defendant to show that he is in adverse possession of suit land for 12 years..........
DELHI HIGH COURT
Year of decision: 2017
Details
Suit for declaration-- Possession - Permanent injunction and damages - Plea of plaintiff that he purchased the property individually - Plea of defendants that property in question was jointly purchased by plaintiff and defendant - Both the parties failed to prove title documents - However, plaintiff was in prior..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Adverse possession-- Plea by defendant - Burden is upon defendant to prove as to at what point of time his possession became hostile to the plaintiff and at what point of time it matured into title by way of adverse possession after lapse of 12 years - In the instant case it can be safely concluded that defendants..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Suit for demolition of boundary wall and permanent injunction - Right, title and interest of plaintiff over the disputed property - Raising of boundary wall by defendant - Possession of plaintiff cannot be said to be ousted when suit filed within three days as defendant had no possession, much..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(zb), 13(2), Transfer of Property Act, 1882, Section 58(f)-- Security agreement - Enforcement of security interest - In the instant case, guarantor deposited title deeds of suit properties with bank with intention of creating mortgage in favour of bank - Even, title deeds were accepted by bank as per entry form by mentioning that title deeds mortgaged with..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Adverse possession-- Plea of adverse possession is only available to defendant if he admits the ownership of true owner over suit property to the knowledge of true owner - If defendant does not admit plaintiff's ownership over suit land, issue of adverse possession, cannot be tried successfully at the instance of..........

Showing : 131-140 of 975 Results