Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and confirmation of possession - Plaintiff not in possession of suit land on the date of institution of suit - Held, suit is not maintainable in absence of specific prayer for recovery of possession as required by S.34 of the Act...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Touchstone upon which suit has to be decided is lawful possession and not ownership - Since defendant filed a separate suit against plaintiff for declaration of ownership of suit property and same is dismissed, there is no need to express any opinion on question of title and ownership of plaintiff - High Court..........
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Non executant of sale deed - Has to file a suit for declaration claiming that such sale deed would not effect its rights - A non executant is not required to seek cancellation of sale deed - Ad valorem Court fee is not payable by plaintiff...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed is forged and fabricated - Maintainability - Defendants were cultivating land covered by gift deed in question on behalf of plaintiffs - It is specific case of plaintiffs that no gift deed was executed and possession of suit property never given to defendants - Even order of mutation passed in..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Two dying declarations - Dowry death - Allegation against family members of accused - Nothing stated as to demand of dowry in first dying declaration and admitted that she consumed poison in fit of anger after hearing verbal conversation of accused and her mother-in-law - However, allegations of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Maintainability - Where plaintiff established his possession and enjoyment of extent of his share inclusive of extra land as claimed by defendant, there is no need on part of plaintiff to institute suit for recovery of possession of disputed property - Suit for declaration and..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff and defendants both purchased an extent of 1.12 acres and 0.80 cents of land respectively from total extent of 1.92 acres - Defendants under the garb of revenue records attempted to encroach into plaintiffs property and claiming extra land in suit survey number - However,..........
Service -- Recruitment - Post of Trained Graduate Teachers - Examination process - Third evaluation of answer sheets - Eight years already elapsed and there is no finality to result of examinations - Third evaluation of answers sheets already held and result of the same is ready for declaration - Recruitment of candidates based on result of third evaluation of answer..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of wife by husband - Dying declaration - In the instant case, deceased was murdered by pouring kerosene oil and setting fire due to which deceased sustained 80% burn injuries - Statement of deceased recorded on presence of SDM not reliable as it suffers from incongruities and inconsistencies -..........
