Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - In the instant case, plaintiff has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act - Plaintiff had..........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder - No weapon of assault has been recovered from accused - Only basis to implicate accused is suspicion on account of alleged reclaiming of land by informant from accused about three years back - Mere apprehension..........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of way - Plaintiff contended that owner of adjoining land is enjoying easementary right over rasta in dispute, therefore he cannot be denied the same benefit - However, original owner of adjoining land has specifically assigned right to use said rasta to present owner and not to anyone else - Plaintiff..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 5659 days in filing appeal - Land acquisition proceedings - Claimants were negligent in pursuing the reference and then in filing the proposed appeal - Most of the claimants have accepted the decision of reference Court - More so, in the event the petitioners have not been substituted and made party to the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 5659 days in filing appeal - Land acquisition proceedings - Claimants were negligent in pursuing the reference and then in filing the proposed appeal - Most of the claimants have accepted the decision of reference Court - More so, in the event the petitioners have not been substituted and made party to the..........
Mutation -- Once mutation has become final amongst parties and same is not a subject matter of challenge either in the proceedings under Revenue Law or before Civil Court under Punjab Land Revenue Act, said mutation has sufficient corroborative value to support the claim of appellant in whose favour mutation was sanctioned...........
Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986, Section 3 -- Preventive detention - Offence u/s 376 IPC - Mere involvement in a sexual offence, including one u/s 376-D IPC by itself will not be sufficient to invoke S.3 of the Act...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Plaintiff failed to produce a single document of title in respect of suit land - Revenue documents led in evidence are essentially fiscal in nature - Moreover, revenue authorities or revenue Courts cannot decide complicated cases involving disputes regarding title for which jurisdiction only..........
