Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Mere fact that defendant had effected mutation over suit property is not a ground to deny the relief to plaintiff, particularly when mutation was effected without prior notice to plaintiff...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Transaction out of which complaint arises is regarding a deposit made by appellant with Bank - There is no dispute that such deposit was made and Bank had agreed to pay interest - Thus, to that extent bank is service provider and appellant a service recipient qua Bank's contractual obligation to pay interest..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Banking service - Merely because a fixed deposit receipt earns interest does not mean that banking service availed is for a commercial purpose - However, if deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Maintainability - Banking service - Complaint allegations is that Bank had acknowledged FDR and had accounted for interest payable thereon but instead of releasing maturity proceeds in favour of appellant, it had set up a subsequent contract of pledge of that FDR for according overdraft..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Evidence Act, 1872, Section 102 -- (Bharatiya Sakshya Adhiniyam, 2023, S.105) - Burden of proof - Once plaintiffs asserted that they derived valid title to suit property through their forefathers, burden lay squarely upon them to substantiate such claim by producing cogent title deeds in support thereof...........
Hindu Succession Act, 1956, Section 14(1) -- Property of female Hindu dying intestate - Once by virtue of operation of S.14(1) of the Act, limited interest of deceased elevates itself into an absolute right and once it becomes absolute right, subsequent bequeath in Will in favour of plaintiff cannot have any efficacy of law...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Disputes as to title and possession of suit property - Authorities under the Act are not meant to adjudicate upon disputes relating to title and possession of immovable properties, more particularly when parties are not related to each other - Such disputes can only..........
Revenue record -- Khasra girdawari entries though not conclusive proof of title, carry significant evidentiary value regarding possession, particularly when they exhibit continuity over a long period - Sudden change in such entries unsupported by cogent material or lawful process, cannot by itself be treated as proof of actual change of possession...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit property was subjected to auction in execution of a money decree and said sale was confirmed in favour of predecessor-in-interest of appellant - Title in immovable property vests in auction purchaser on confirmation of sale - If auction purchaser gets possession and is in possession on date of..........
