Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Alternative relief - Petitioner claimed title on strength of alleged deeds of conveyance - By introduction of alternative relief wanted to incorporate relief of recovery of money on breach of express obligations embodied therein - Held, by an introduction of alternative relief complexion of suit shall be..........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement recorded u/s 161 Cr.P.C. - Can be treated as dying declaration...........
Adverse possession -- Plaintiff can seek declaration of title on the plea of adverse possession - Plaintiff will be successful only if he proves all the ingredients of adverse possession...........
Adverse possession -- Plaintiff seeking declaration of title on the plea of adverse possession - Failure to prove adverse possession - Title of defendant stands established without any limitations...........
Hindu Adoptions and Maintenance Act, 1956, Section 11 -- Adoption - Suit for declaration of adoption - Adoptive father and mother denied adoption - Failure to produce cogent and reliable evidence that adoption took place after following the ceremonies under the Hindu Law - Adoption, held, not proved - Suit based on adoption rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Permissibility - Plaintiff sought declaration only in respect of superstructure - Suit was not in respect of land belonging to Tamil Nadu Slum Clearance Board - No relief claimed against Board - Held, impleadment of Board not necessary - Suit cannot be declared as bad in law for no, joinder of Board...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and possession of land - Dismissed by first appellate Court - High Court admitted second appeal on the ground that Courts below have failed to consider material evidence on record - However, High Court instead of pointing out material evidence which has..........
Land Acquisition Act, 1894, Section 4, 6 -- Notification/declaration stood elapsed as no award was made within the period stipulated under the Act - There can be no sanctity to any of the acquisition proceedings initiated by the respondents so far as the suit land is concerned...........
Land Acquisition Act, 1894, Section 4, 6 -- Notification/declaration stood elapsed as no award was made within the period stipulated under the Act - No sanctity to the acquisition proceedings - However, considering the fact that possession of land was taken over about half a century ago and stood completely developed as such it will be difficult to restore possession -..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Report of finger print expert and photographs of signatures - Held, merely because report of Fingerprint Expert was doubted by Financial Commissioner in proceedings with regard to sanction of mutation is no ground to deny prayer made by plaintiffs for bringing same on record in present proceedings i.e. suit for..........
