Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for declaration - Defendant No.1 by way of counter claim only tried to seek relief in respect of suit property to which it had not only objected to plaintiff's cause of action but also claimed its own right, title, ownership and possession in the written statement - Subsequent event that have occurred..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 7.400 kg charas - Non joining of independent witness - Recovery effected from the car of accused - It was secluded place where car was stopped and it was also dark there - Investigation could not be carried out at the spot and in such circumstances PW4 brought the car along with other..........
Transfer of Property Act, 1882, Section 105, 106, Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17 -- Lease - Unregistered - Relationship of landlord and tenant established by other evidence available on record - Non-registration of lease agreement is immaterial for establishing relationship of parties as landlord and tenant...........
Forest (Conservation) Act, 1980, Section 2, Easement Act, 1882, Section 13 -- Forest land - Claim for easementary right of way - Suit for declaration of title and permanent injunction - Oral and documentary evidence on record proves that plaintiff has violated the provisions of S.2 of the Act and has used the forest land as a easmentary right of way in utter violation of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, , Order 6, Rule 17 -- Impleadment of subsequent purchasers - Suit for cancellation of exchange deeds and permanent injunction - Applicants purchased the property during pendency of proceedings from plaintiff - It cannot be said that applicants are bonafide purchasers and title,..........
Hindu Law -- Ancestral property - Sale in public auction to clear family debts - Purchase of property by members of joint family - Property becomes their self acquired property - Property lost its character as an ancestral property...........
Civil Procedure Code, 1908, Order 21, Rule 21, 30 -- Execution - Money decree - Different execution petitions, seeking execution of decree by arrest and detention and by attachment and sale of immovable property are not maintainable at a time, as the execution Court is vested with discretion to execute the decree in single execution petition alternatively by proceeding..........
Transfer of Property Act, 1882, Section 54, 8 -- Transfer of ownership - Registered sale deed - Incorrect description of structure standing on land - Does not vitiate sale, if boundaries are given and they are definite, land that is conveyed is the land situated within those specific boundaries along with structure standing on it - If vendor had no intention to sell some..........
Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25 -- Attempt to murder - Property dispute - Allegations against wives of accused - Appellants were merely by-standers - No specific role assigned to appellants while specific role was assigned to two co-accused - Medical evidence also does not corroborate the subsequent allegations made by victim..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Delivery of property with different boundaries - Not permissible - Executing Court cannot go beyond the decree and grant relief to DH by delivering the property with different boundaries not tallying with decree - It is for DH to file a petition u/s 152 CPC for amendment of judgment and decree and also plaint...........
