Punjab Co-operative Societies Act, 1961, Section 55, 56 -- Allotment of residential plots by Co-operative society to its members - Appellant one of founder members of society sought allotment of plot - Possession of plot measuring 250 sq. yards not handed over to appellant as projected before Supreme Court - Appellants cannot be deprived of a plot allowed to her merely on..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction without seeking relief of declaration - Maintainability - Where defendants failed to establish their claim of title, possession and enjoyment of disputed property and plaintiffs on the other hand proved their ownership, possession and enjoyment of suit property, there is no need for plaintiff to seek..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 27A, 25, Evidence Act, 1872, Section 30 -- Recovery of 33 kg 220 gms opium - Conscious possession - Confession of co-accused - Accused knowingly carrying opium in jeep - He made disclosure statement to the effect that opium was to be delivered to co-accused - Accused was using the jeep by displaying fake..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, injunction and for possession - Execution of two sale deeds by vendor of the same property - Sale deed executed in favour of plaintiff prior in time - Since property was already purchased by plaintiff as such further alienation of suit land will not confer any right, title or interest upon the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 10.600 Kg Ganja - Ganja was not seized from possession of A-1 - However, evidence well convinces the Court that A-1 was also a party to possession and transportation of ganja by A-2 - If A-1 was not a party to possession, he would have stopped vehicle when asked by Sub-Inspector -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 10.600 Kg Ganja - Recovery effected from possession of A-2 - Evidence of official witnesses is consistent with each other - Accused informed of his right to be searched in presence of a gazette officer or a Magistrate, but A-2 waived his right - Though A-1 escaped after abandoning his..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Plaintiff miserably failed to establish and prove intention of father to purchase suit properties for an on behalf of family which were purchased in the names of defendants - Transactions of purchase of suit properties in the names of defendants cannot be said to be benami in nature - Suit..........
Indian Penal Code, 1860, Section 489C -- Offence u/s 489-C IPC - For holding a person guilty for commission of offence of possession of counterfeit currency notes, prosecution is required to prove that counterfeit currency notes were forged and accused person was having knowledge or reason to believe the same to be forged or counterfeit...........
Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3 -- Offence u/s 489-C IPC - Appreciation of evidence - Alleged recovery was effected from busy place still no independent witness was joined by I.O. and no explanation has come forward on this point - Even, there is no complaint to I.O. that accused had gone to use said currency notes or they had made..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Previous suit is a declaratory suit while subsequent suit is of recovery of possession - No such issue has been framed with previous suit regarding recovery of possession since there was no prayer to that effect in previous suit - Relief in both the suits are not identical - Basic ingredient of..........
