Allotment of dealership of LPG -- Eligibility - Cancellation of candidature - In the instant case, petitioner timely submitted requisite documents and lease deed but lease deed found invalid - Even, offer made to petitioner on basis of guidelines that application will be considered if he submit details of alternate land owned by/leased to him or his..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, Constitution of India, 1950, Article 226 -- Public interest litigation - Maintainability - Illegal mining operations and screening of plants - As per petitioner, due mining in river and forest land villagers are facing problems to approach their agricultural land as village of petitioner is situated..........
Hindu Succession Act, 1956, Section 6 -- Coparcenary property - Rights of daughters - Respondents married before his father's death and residing in their respective matrimonial house - It is claimed that daughters received their share in form of silver and gold - This submission is also not established by evidence adduced by appellants before trial Court - Thus, in such..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - Donee in possession of suit land - Fact that possession had been delivered to donee, raises a presumption of acceptance - Gift deed is thus, acted upon...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Non executant of sale deed - Has to file a suit for declaration claiming that such sale deed would not effect its rights - A non executant is not required to seek cancellation of sale deed - Ad valorem Court fee is not payable by plaintiff...........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111 -- Forged and fabricated gift deed - Burden of proof - Generally burden of proof is on the person who so alleges - However, when defendants were in dominating position and plaintiffs had faith upon them, burden in view of S.111 of Evidence Act, is upon defendants to prove that transaction of gift..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111 -- Forged and fabricated gift deed - Burden of proof - Plaintiffs proved that they are illiterate ladies and defendants being their agnates were in dominating position particularly, after death of husband of plaintiff No.1 - Court below, thus rightly shifted burden of proving genuineness of gift..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed is forged and fabricated - Maintainability - Defendants were cultivating land covered by gift deed in question on behalf of plaintiffs - It is specific case of plaintiffs that no gift deed was executed and possession of suit property never given to defendants - Even order of mutation passed in..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Proof of - Mere proof of execution of gift deed is not sufficient, as execution of gift deed is not disputed - Rather, burden was on defendant to prove that plaintiff executed the gift deed in their favour by her own sweet will having understood the contents of gift deed - Defendants though stated that contents of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 420, 467, 468, 471, 447, 34 IPC - Allegedly, accused conspired with co-accused for preparing forged gift deed in respect of disputed land - However, accused in his reply stated that he is residing in Lucknow and has no concern with the disputed land - No evidence on record to show that..........
