Civil Procedure Code, 1908, Order 22, Rule 4 -- L.R's - Impleading - A defendant already on record cannot seek impleading himself as legal representative of another deceased defendant - No prejudice shall be caused if he is not described as L.R as he can always set up his right to the property/share of deceased defendant on the basis of Will in his favour...........
Transfer of Property Act, 1882, Section 106, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Tenancy terminated by issuing notice under Section 106 of T.P.Act - Suit for possession of tenanted premises - During pendency of suit, notification issued and tenanted area included in M.C. - Civil jurisdiction ousted - Suit dismissed - Appeal also dismissed..........
Co-sharers -- Injunction against other co-sharer - Land not partitioned amongst co-sharers - Sale of land - Vendee becomes the co-sahrer in the suit property - Since land continues to be joint, the exclusive possession of the appellant thereon as pleaded and claimed by him cannot be said to have been established - A co-sharer who is not in actual physical possession of a..........
Motor Vehicles Act, 1988, Section 147(1), 165(1) -- Any property of third party - Meaning - It means property which is outside the goods vehicle and not being carried in goods vehicle...........
Motor Vehicles Act, 1988, Section 147(1), 165(1) -- Damage to goods - Goods vehicle - Third party - Goods of a consignor/consignee being carried in a goods vehicle - Cannot be termed to be the property of third party...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Non examination of independent witness as won over - Seal after use not handed over to independent witness - Case property produced before SHO who affixed his own seal bearing impression `GS' on the sealed parcels - Thereafter case property deposited with the Incharge of Malkhana - Held, non..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Seal after use not handed over to independent witness and no explanation for the same - IO not examined as he was reported to have died - Recovery witness produced by prosecution did not state a word that case property was produced by I.O. before S.H.O. in his presence and that SHO sealed the..........
Transfer of Property Act, 1882, Section 58 -- Equitable mortgage - Title deeds already in possession of creditor for an earlier loan need not to be deposited again for subsequent loan after taking delivery of the same as principle of constructive deposit applies - All that is required to be seen is the intention of parties to treat the documents in possession as delivery...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Mere owning of immovable property/properties is not sufficient to hold that applicant is having sufficient means to pay court fee without a proof of derivation of income from it - Court has to enter into a finding regarding the capacity to raise money to pay court fee - Applicant cannot..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharer - Injunction suit by one co-sharer against other co-sharer- Plaintiff/co-sharer himself raised construction on part of property in his possession - Plaintiff cannot agitate that raising of construction by other co-sharer would amount to wasting or illegal use of property - Injunction declined...........
