Indian Penal Code, 1860, Section 380, Evidence Act, 1872, Section 114 -- Theft - Presumption u/s 114 of Evidence Act - Accused was caught when he was trying to run away from temple after stealing articles belonging to temple - Soon thereafter accused was found in possession of stolen articles - Presumption u/s 114 of Evidence Act thus, can be taken - Accused rightly..........
Specific Relief Act, 1963, Section 37, 38 -- Prohibitory injunction - Restraining defendant from demolishing suit property without due process of law - Plaintiff proved his title and possession over suit property - Defendant has not led any evidence controverting claim of plaintiff - In fact, defendant admitted possession of plaintiff - Suit property is thus, in ownership..........
Constitution of India, 1950, Article 226, 227 -- Eviction order - Writ petition - Unauthorised possession - Landlord approached Deputy Commissioner only with a complaint to register a case against tenant for being in unauthorized possession of house in question and irregular payment of rent - However, Deputy Commissioner in his over enthusiasm and presumably in an effort..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 35 -- Recovery of 20.150 kg Ganja - Presumption of culpable mental state - Materials on record show that accused was aware of contraband article being transported by them irrespective of the fact as to whether it belonged to co-accused or father-in-law of co-accused - Accused was also arrested on..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Malafide and dishonest conduct - Litigant not entitled to any accommodation to thwart implementation of legal orders against him - Tenant before Rent Controller concocted a false story that he was in possession of demised shop on basis of some agreement to sell - Even, tenant did not furnish..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Suit for declaration - Both the parties claiming ownership and possession of suit land - Plaintiff failed to produce any document on record to establish identity of suit land which was described by him in site plan annexed with sale deed - Defendant on the other hand placed a copy of demarcation report..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit seeking demolition of alleged illegal construction, restoration of possession and permanent injunction - Plaintiffs have taken a specific plea that they have suffered a loss of Rs.50,000 because defendant demolished the suit shop and have raised illegal..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Suit for declaration of title and permanent injunction - Applicants except stating that they are in possession of property and are cultivating the same for more than 30 years, have not shown that they have a direct interest in the subject matter of litigation so as to allow them to come on..........
Rent and eviction -- Factum of tenancy carries with it an element of possession...........
