Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Restraining defendant from raising construction - Parties in possession of their respective shares - However, property not partitioned by metes and bounds - Suit for partition filed by plaintiff after renovation started by defendant - Defendant gave an undertaking that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 8.38 gms heroin and 706.200 gms capsules - Recovery of heroine effected from vehicle occupied by four accused which fell under intermediate quantity - However, weight of recovered capsules exceed 250 gms notified as commercial quantity..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - When constructions have been raised by various co-sharers/plot holders upon suit property, status of land cannot be said to be joint in nature, though it may be subsequently got partition in accordance with law - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-owners - Plaintiff has not come up with specific plea that he is in possession of any portion of joint land - Even, none of parties have come with plea that they are in possession of joint land - Pleadings set up in application as well as main suit..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Effect of amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition also, which is a necessary concomitant of the coparcenary - S.6(1) recognises a joint Hindu family governed by Mitakshara law - Coparcenary must..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Effect of amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition also, which is a necessary concomitant of the coparcenary - S.6(1) recognises a joint Hindu family governed by Mitakshara law -..........
Government Service -- Formation of association - On basis of Job description as `distinct category' - Respondents seeking recognition in forming association representing interest of drivers based on job description - However, said formation of association is in contravention to R.5(c) of Rules 1993, which is primarily formed with an object of promoting common service..........
Hindu Marriage Act, 1955, Section 14(1) -- Divorce petition - Permission to file joint petition for divorce within one year of marriage - Parties lived together as husband and wife only for few hours - Parties did not have any physical relations - All attempts for mediation failed and their relationship irretrievably broken down - It satisfies the test of exceptional..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 18 -- Rent and eviction - Joint revision - Vacancy order and final order - High Court while disposing of earlier writ petition granted liberty to respondent to avail remedy of revision challenging vacancy order along with final order - No error committed by District Judge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 126 gms Charas - Search - Joint communication to both the accused - Option to be searched before Magistrate only given - Accused not informed of their right to be searched before a Gazetted Officer - Compliance of S.50 of the Act not made - This alone vitiates conviction...........
