Evidence Act, 1872, Section 101, 102 -- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff's..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29 -- Contraband - Bail in case involving commercial quantity recovered from co-accused - Applicability of rigour of S.37 of the Act - Petitioner was not found in possession and the case against him rests only on co-accused disclosures and call logs - Test of reasonable grounds to deny bail u/s 37 not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 164, 165 -- Proceedings u/ss 164, 165 BNSS - Party cannot be dispossessed by proceeding u/ss 164, 165 BNSS if he is in actual possession...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Disputes as to title and possession of suit property - Authorities under the Act are not meant to adjudicate upon disputes relating to title and possession of immovable properties, more particularly when parties are not related to each other - Such disputes can only..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought only to incorporate a relief which was based on a cause of action which arose after filing of suit - Question of possession has to be considered and decided after evidence is led by both the parties - Only issues have been framed and no evidence led by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Interim order which recognizes or confers possession and effectively decides main controversy amounts to virtually decreeing suit at an interlocutory stage, which is impermissible in law - Impugned order set aside - Parties directed to maintain status quo with respect to suit property...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit property was subjected to auction in execution of a money decree and said sale was confirmed in favour of predecessor-in-interest of appellant - Title in immovable property vests in auction purchaser on confirmation of sale - If auction purchaser gets possession and is in possession on date of..........
Customs Act, 1962, Section 35(1)(b)(i) -- Offence u/s 35(1)(b)(i) of the Act - Reduction of sentence - Recovery relates to the year 1985 and that offending consignment of watches was recovered lying in an abandoned condition - Conviction of appellants seems to be primarily based on confessional statements recorded u/s 108 of the Act - Conscious possession of smuggled goods..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(o) -- Deficiency - Housing construction falls within the ambit of "service" u/s 2(1)(o) of the Act and failure to deliver possession within stipulated period constitutes "deficiency" u/s 2(1)(g) of the Act...........
