Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Recovery effected by Inspector in presence of ASI - Both the witnesses of recovery have deposed in a fairly satisfactory manner on all material aspects of case - Deposition of witnesses inspire confidence and are fairly reliable, which proves and establishes material fact of..........
Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Restraining defendant from encroaching passage - Joint land - Partition - Existence of any passage before partition proceedings looses any significance as such - In the partition proceedings, plaintiff and defendant given separate passages and specific areas mentioned in khasra numbers allotted to them -..........
Civil Procedure Code, 1908, Section 100, Order 23, Rule 3 -- Compromise - During pendency of second appeal - Parties entered into compromise and a joint memorandum of compromise duly signed by parties is filed - Second appeal disposed of in terms of compromise...........
Hindu Minority and Guardianship Act, 1956, Section 8, 12 -- Sale of minor's property by mother - Undivided interest of minor in joint family property can be sold by mother as Karta of HUF without permission of Court...........
Rajasthan Pre-emption Act, 1966, Section 5(1)(c), 6(1)(ii), 6(3) -- Right of pre-emption - Plaintiff and defendant no.2 were joint owners in possession of disputed courtyard having half share each - Defendant no.2 sold his house and disputed courtyard to defendant no.1 - Plaintiff has a superior right of pre-emption by virtue of provisions of S.6(3) of Rajasthan..........
Consumer Protection Act, 1986, Section 12(1)(c) -- Joint complaint - Permission - Case admitted and notice issued - Though expressly it is not stated that permission is granted to file joint complaint but the fact that admission of complaint is recorded and notice was issued, permission is to be read as inherent in the order of admission - Commission thereafter ought not..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition - Impleadment of one of joint tenants - Sufficient to maintain petition...........
Joint Tenancy -- Connotes four idea:- (i) unity of title; (ii) unity of possession; (iii) unity of interest and (iv) unity of commencement of title...........
Hindu Succession Act, 1956, Section 19(b) -- Joint tenancy - If two or more heirs succeeded together to the property of an intestate, they shall take property as tenants-in-common and not as joint tenants - However, where some of heirs of original tenant after death of original tenant had exercised their right of tenancy to exclusion of others relationship between such..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Maintainability - Co-owners - Plaintiffs are co-sharers in suit property to the extent of 1/3rd share each - Every co-owner is deemed to be in joint possession of every inch of joint land even if same is in exclusive possession of one of co-owners - However, co-owner in..........
