Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession of property not asked within statutory period of one year by auction purchaser - Auction purchaser has no right to file a fresh suit for enforcing delivery in execution - However, suits which do not offend u/s 47 CPC and suits for possession on strength..........
Central Goods and Services Tax Act, 2017, Section 2(52), Sale of Goods Act, 1930, Section 2, Transfer of Property Act, 1882, Section 3, Government of India Act, 1935, Section 311(2) -- Schedule 7th, List II, Entry 48 - Goods - Inclusion of actionable claim in definition of "goods" is neither contrary to legal meaning of goods nor illegal nor unconstitutional...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 2(g) -- Maintenance to senior citizen - Nephew - Petitioner, nephew of Senior Citizen in possession of property and liable to inherit the property after death of senior citizen - Maintenance can be claimed by a childless senior citizen - Plea that application for maintenance in absence of any..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Requirements of the provision are specific and Court cannot act on mere unfounded apprehensions - Applicant had to establish by means of an affidavit or otherwise that defendant was seeking to obstruct or delay execution of any decree that may be passed against him in pending suit by disposing of..........
Hindu Succession Act, 1956, Section 8 -- Sch. 1 - Property of male Hindu dying intestate - Succession certificate - Right of daughters - Daughters not made parties despite being legal heirs - Mere fact that daughters are married, they do not cease to be Class-I heirs as contended by appellant, as there is no distinction between daughter and a married daughter in Schedule I..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Injunction suit - Suit is simpliciter for injunction based upon possession of property - Said suit could be decided only by civil Court as there is no mechanism prescribed under Land Revenue Act for grant of injunction in respect of disputes relating to possession - Civil Court has plenary jurisdiction..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 392, 323, 452, 506, 294(b), 34 -- Anticipatory bail - Offence u/ss 392, 323, 452, 506, 294(b), 34 IPC - Material placed on record would sufficiently indicate that accused had intention to intimidate or at least slap him and thus, cause hurt to him and also applying stinging nettle plant over his..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Agricultural land - Suit seeking injunction in respect of an agricultural land instituted without plaintiffs being recorded in revenue records - Plaintiffs having utterly failed to prove by pleading or by adducing evidence that they are owners in possession of suit property - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 102 -- Permanent injunction - Burden of proof - Agricultural land - Plaintiff filed suit on basis of ownership and title in suit property - However, plaintiffs upon whom burden of proof lies in view of S.101 of Evidence Act failed to produce any document pertaining to title in suit property - Entire..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Offence u/s 3(1)(r) - Parties litigating over possession of land - Allegation of hurling of abuses is against person who claims title over the property - If such person happens to be a Scheduled Caste, offence..........
