Partition suit -- Mesne profits - Application seeking interim mesne profits or profits gets more credence in appeals against decree for partition or in final decree proceedings where plaintiff established that property is joint family property and defendant is exclusively deriving income from suit property though plaintiff is in constructive joint possession of the same...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Auction sale - Purchaser at auction obtains such rights as are vested in vendor at the time of sale - Where, at the time of sale a portion of land is in public use or is under physical control of State agencies, auction cannot confer upon a purchaser better rights than those enjoyed by vendor -..........
Mohammedan law -- Gift (Hiba) - It is not necessary while transferring possession by donor in favour of donee under Hiba, that delivery of possession should be actual physical possession - It can also be constructive possession...........
Mohammedan law -- Gift (Hiba) - When donor and donee, who are father and son are residing together in residential house owned by father, it is not expected that after gifting property by way of Hiba, father would leave the residence - Since donor has delivered constructive possession to donee, it is sufficient to satisfy requirement of delivery of possession in order to..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Physical possession immediately before dispossession is not necessary to allow relief of recovery of possession - Such possession may be a symbolic possession or constructive possession...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Whether a person is in possession or not, actual, deemed or constructive is a fact to be established or dismantled by parties by leading evidence to be appreciated by trial Court on the conclusion of trial - It is not a fact which can be elucidated or extracted from the averments of plaint and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendants are in possession of property - Plaintiff miserably failed to make out a prima facie case in his favour and further to prove that he is in possession of the suit property in any manner, actual or constructive - Defendants would be at greater hardship if any injunction is not issued in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 151.45 kg Ganja - Bail - Contraband recovered was more than commercial quantity - Accused was apprehended at the spot and was having conscious and constructive possession over recovered Ganja - There is no prior ill will or enmity of accused with..........
Agreement to sell -- Specific performance - Limitation - Notice of refusal - Execution of registered sale deed in favour of third party and delivery of possession - Amounts to constructive notice of refusal to perform - Therefore, there is no merit in the contention that plaintiff got notice of refusal only when an oral demand was raised. (Transfer of Property Act, 1882,..........
Kerala Abkari Act, 1977, Section 8 -- Possession of arrack - Sitting near a can of arrack - By itself cannot create any possession, much less any conscious or constructive possession...........
