Specific Relief Act, 1963, Section 38, 39 -- Suit for demarcation, permanent injunction and mandatory injunction - Plaintiff has no right in suit property - Defendant is owner of property purchased from plaintiff`s sister - Relief of demarcation, permanent injunction and mandatory injunction not granted to plaintiff - Suit dismissed...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Deficiency - Consolidation officer committed gross illegality in granting land belong to Gram Panchayat to private respondents in cavalier fashion - Consolidation officer completely ignored caution in order by which matter was remanded to him for consideration - It was incumbent..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Measurement and demarcation of suit lane by measuring property of both plaintiff and defendant - Injunction suit - Dispute as to encroachment of suit lane - However, there is no material on record to show what are the measurements of lane and by what document and what is encroachment..........
Telangana (Agricultural Produce and Livestock) Markets (Amendment) Act, 2015, Section 5(3) -- Reduction of term of market Committee - Said amendment has been made with retrospective effect - Effect on base of earlier judgments due to said amendment - There is demarcation between legislative and judicial functions - When law is enacted with retrospective effect, it is not..........
Specific Relief Act, 1963, Section 38 -- Suit for fixation of boundaries by way of demarcation of land and for permanent prohibitory injunction as well as for possession - Proof beyond pleading - Court not to look into that aspect - As no specific evidence, whatsoever has been led on record to prove averments contained in plaint where specific allegation of interference,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Immediately after the demarcation report, the prayed for amendment which cannot be held as delayed - No prejudice is going to be caused to Respondent as the evidence is yet to be started in the matter...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Cultivation of poppy plants - 20 plants were cut by Police from the fields - Demarcation of fields - Police failed to led any tangible evidence to prove that fields in question were demarcated in accordance with law in order to identify its owner - I.O should have taken into possession copy of Khasra..........
Maxim -- `Boundaries prevail over extent' - Not applicable when demarcation of boundaries of property is absent...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision - Report of demarcation available on file and demarcation was done by Halqa Kanungo - Petitioner has options either to accept the demarcation or file objections to the report of local commissioner or to summon said Halqa Kanungo as a witness for his cross-examination -..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of blockage caused by raising construction over a path in question - No evidence on record to prove that by raising such construction width of path will be reduced - No demarcation report placed on record by plaintiffs showing the precise portion on record encroached by defendants - Omission of said..........
