Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration of title - Cause of action lastly arose in 1997 and suit was filed in 2001 - Suit of present nature has to be filed within 12 years in terms of Art.65 of the Act - Even, if it is seen that plaintiff had got knowledge of construction of wall in the year 1990, then also period of limitation for institution..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of money for construction of house falls within definition of "dowry"...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Demand of money for construction of house even by deceased from her mother or uncle - Evidence on record that deceased was pressurized to make such a request for money - It was not a case of complicity but a case of helplessness faced by deceased in such adverse circumstances...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Removal of construction - Property in question is joint - Proceedings were pending before Consolidation authorities and no attempt was made by plaintiff to get their shares demarcated - At no point plaintiff ever sought relief of partition - Even, in absence of substantive relief and..........
Criminal Procedure Code, 1973, Section 228, Prevention of Corruption Act, 1988, Section 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Offence u/ss 13(1)(D), 13(2) of P.C Act and S.120-B IPC - Accused contended that presently they are not partner in partnership firm, as they parted with partnership before tender of contract - However, nothing on..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for permanent injunction - Lower Appellate Court has committed a grave error in not noticing evidence of either of parties, neither returning any definite finding regarding property in dispute, construction or possession of either of parties and has dismissed the same - Since disputed issues between..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Injunction order passed restraining defendant from putting up construction on item Nos.1, 2 properties - Plaintiff conceded execution of release deed by sisters and sister's son in favour of defendant - Under such circumstances plaintiff getting half share is bleak - Even if plaintiff's..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Co-owners were in settled separate possession of joint property by mutual understanding - Their separate possession of joint property was with each other's consent - Plaintiff/co-sharer had already raised construction over a portion of joint land in his exclusive possession - He thus, cannot..........
National Highways Act, 1956, Section 7, 9, National Highways Fee (Determination of Rates and Collection) Rules, 2008, Rule 8 -- Location of toll plaza - Construction of - Petition files to restrain such construction - Plea regarding non- challenging of Detailed Project Report - DPR is a study of recommendations constituting opinion of experts - Merely because DPR was not..........
National Highways Act, 1956, Section 7, 9, National Highways Fee (Determination of Rates and Collection) Rules, 2008, Rule 8(1) -- Location of toll plaza - Construction of toll plaza at 194 km - Challenge as to - Toll plaza have been located at a point where there was sufficient space and would prevent leakage of traffic - Said construction at 194 km is not arbitrary or..........
