Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kgs opium - Testimony of official witnesses - Cannot be discarded on the round of their official status...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Disobedience - No evidence on record that defendant had actually interfered in possession of plaintiff and caused any destruction of crops - Order directing defendant to undergo civil imprisonment for a period of one year, set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint against guarantor - Petitioner is neither a Director nor in any manner incharge of or responsible for day to day functioning of Company - Status of petitioner being a guarantor can at best create a civil liability against him as regards complainant - However, same in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Order when not specific - It should be read and construed only in relation to the prayer made in the application for temporary injunction - Scope of order of status quo cannot be expanded to other things beyond the prayer made in the application for temporary injunction...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment of Local Commissioner to prepare a report about existing status of premises which has been leased out and his report would facilitate Court in adjudication of the matter - Order appointing Local Commissioner, upheld...........
Punjab Land Revenue Act, 1887, Section 121, 118 -- Partition - Once decision on the property to be divided and on the mode of partition is taken by Revenue Officer u/s 118 of the Act, joint status of parties would stand severed on the date of such decision, subject to decision in appeal if any preferred by party - Merely because instrument of partition was not drawn, it..........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Plaintiff claiming his superior right to pre-empt the sale on the ground of being co-sharer in joint khewat - However, pending the suits, defendant filed the suit for partition before Revenue Court and khewat in dispute remained no more joint - Trial Court and Appellant Court rightly held, that plaintiff did..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband offered to pay a sum of Rs.50 lacs towards permanent alimony to wife and her daughter - Subsequently he offered to transfer one flat in the name of minor daughter - However, wife not accepted said offer of husband - Wife's desire to live with her husband is not genuine at this stage particularly when she..........
Succession Act, 1925, Section 372 -- Succession certificate - Determination of status of person as widow or divorcee, cannot be said to be determination of title or final determination of status, as same will be subject to determination and adjudication by civil Court under and in terms of provisions of S.387 of the Act...........
