Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 27, 29 -- Bail - Recovery of 1400 tables of Tramadol Hydrochloride - Petitioner driving a motorcycle and co-accused was a pillion rider - Contraband recovered from co-accused who held a bag containing contraband - Petitioner whether can be said to be in..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser in established possession can obtain injunction...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction without seeking declaration of title - In suit nothing narrated about title dispute - Suit is maintainable in view of previous litigation which was initiated at the instance of defendant No.1 where he lost suit for declaration and recovery of possession of the same property...........
Civil Procedure Code, 1908, Section 80(2) -- Suit against Government - Leave of Court to institute suit without serving notice u/s 80(1) CPC - If a person who is or who has been in lawful possession of a property and is under a threat of being dispossessed, definitely, has a right to institute a suit and threat of dispossession is undoubtedly a circumstance which enables a..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiffs have not filed any document on record to establish that property described at the foot of plaint is disputed abadi land - Burden is upon plaintiff to prove said fact, however, he failed to do so -..........
Rent and eviction -- Extension of time to vacate - Concurrent findings of two Courts below decreeing suit of plaintiff - However, tenant is not pressing the appeal on merits and craving a reasonable time to vacate the premises - Direction issued to tenant to submit an undertaking to the effect that he will handover peaceful and vacant possession of suit premises to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings recorded to the effect that plaintiffs are absolute owners and possessors of suit scheduled property and they are in possession of same - There is no perversity in judgments of both the Courts below - No interference warranted in said..........
Adverse possession -- Defence of adverse possession - However, apart from being contradictory to specific stand taken by defendant that he was owner of suit property, there is no such plea taken in written statement - Plea of adverse possession rejected...........
Suit for recovery -- Suit for recovery of possession, damages and permanent injunction - Limitation - Suit filed in 2013 - Defendant/tenant contended that suit was barred by limitation as he was inducted tenant in 2009 and suit filed in 2013 - Contention rejected, as cause of action arouse only when notice dated 16.2.2013 was served on defendant qua which reply dated..........
Land Acquisition Act, 1894, Section 4, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Acquisition of land - Re-notification - Once award is approved, compensation is paid thereunder and possession of land is handed over to Government, acquisition proceedings cannot be reopened, including by way of..........
