Specific Relief Act, 1963, Section 37, 38 -- Trespasser - Public property - Possession of a trespasser, howsoever long may be, cannot be allowed to be protected...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff claiming to be owner in possession - Failure to establish title - Possession cannot be considered as rightful one...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of land - Assistant Collector not justified in ordering mutation relying on certain findings of Civil Court without applying his independent mind to materials on record - Mutating Authority required to find out the person in lawful possession of property on the date of his considering the application -..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of legal representatives of deceased plaintiff PRG holder of power of attorney - Agreement for sale executed by RA in favour of PRG and RA also executed power of attorney in favour of PRG - Suit by PRG for declaration and permanent injunction restraining defendant RA from interfering with possession - Death of..........
Criminal trial -- Circumstantial evidence - Abduction and murder - Circumstances that accused stayed in hotel in pseudonymous name, absconded from scene soon after alleged co-accused apprehended, subsequent arrest in another State and revolver taken from his person, ballistic expert found bullet recovered from body of deceased could only have been fired from revolver..........
Partition Act, 1893, Section 4 -- Right of co-sharer to purchase the share sold to an outsider - The provision does not give right to a co-sharer to purchase the share sold to an outsider any time he/she wants - The condition is that the outsider must sue for partition - So long as the stranger/purchaser does not seek actual division and possession, either in the suit or..........
Evidence Act, 1872, Section 114 -- Tenant - Continuation of tenancy - Once a tenant always a tenant unless the tenancy is lawfully determined or terminated the presumption is as to continuancy of tenancy - Any change in revenue entries detrimental to the rights of a tenant made without any basis has to be ignored and the tenant is presumed to be in possession and has a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenant - A tenant in possession has a prima facie case to protect his possession and tenancy rights...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenant - Once it is established that the plaintiff is a tenant and is in possession in that case the status quo order cannot be issued because it can affect his tenancy rights as under the garb of status quo order the person with muscle and authority try to disturb the possession of others...........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Allottee's right to be heard in surplus area proceedings of landowner - Objection that when, determination of surplus area of landowner had taken place at that time allottee had no right in the land - Not tenable - Allottee put in possession of land by holding it as surplus area of landowner - Being in..........
