Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering suit property - Plaintiffs were neither in possession of land nor produced any document to establish that they had ever exercised their rights of ownership over suit property - Even otherwise, since the plaintiffs are attempting to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is in occupation of property and Panchayat had indeed granted permission to plaintiff for construction of house - Trial Court and First appellate Court have found plaintiff as owner and occupier of suit property - Since plaintiff was owner of property, which is the only..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration - Trial Court while dismissing application required to adjudicate as to whether presence of applicants before it in the suit was necessary in order to enable Court to effectually and completely adjudicate upon and settle all the questions involved in the suit - However, trial..........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Unstamped Instrument - Not admissible in evidence even for collateral purpose, until the same is impounded - Therefore, if a party wants to mark the document for collateral purpose, it is open for it to pay stamp duty together with penalty and get the document impounded and trial Court is at liberty to mark..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal filed against conviction - Murder case - Accused after committing murder of constable and throwing away his dead body had absconded - Though they were later on arrested but during their arrest they resisted and opened fire on the police party for which a separate case was registered - Accused..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Under the garb of filing a review petition, a party cannot be permitted to repeat old and overruled arguments for reopening the conclusions arrived at in a judgment...........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - At the stage of arguments can be allowed only in exceptional and rare cases - Such application for reopening of evidence can be allowed only where it is demonstrated that party seeking such reopening was unable to produce witnesses despite due diligence and that facts which were not known earlier had come..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent prohibitory injunction - Evidence on record proves that plaintiffs are in possession of suit property - However, plaintiffs failed to prove their title in suit property - Plaintiffs entitled to relief of permanent injunction but not entitled to relief of declaration of title...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41 -- Contraband - Secret information received by PW2 was limited to anticipation of A-4 carrying contraband from a particular route in an auto rickshaw, remains unchallenged - Accordingly, there was no prior information to the raiding party, including Gazetted Officer that there is contraband in the house of..........
