Stamp Act, 1899 -- Principles governing the application of Stamp Act to the instrument - AIR 1970 MP 74 followed wherein held : (i) The first rule is that duty is payable on the instrument and not on the transaction; (ii) The second rule is that the Court is not (sic) by the apparent tenor of the instrument, it is the real nature of the transaction which will determine the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Provision of S.11 of the Act is mandatory - Proceedings u/s 11 of the Act are not summary in nature and are to be decided like a civil suit - Principles of underlying various provisions have to be complied with for determining the question of title - It is mandatory for Collector to frame necessary issues..........
Specific Relief Act, 1963, Section 19,20 -- Injunction - Question of title - Not to be determined and in any case dispute regarding title of Gram Panchayat could only be adjudicated under Punjab Village Common Lands (Regulation) Act and not in civil suit - For purpose of injunction, Court is only to see possession of parties...........
Constitution of India, 1950, Article 226 -- PIL - Order for dispossession appellant from disputed land - Challenge as to - Appellant took loan from bank to raise construction which was to be let out to the bank upon completion - Respondent bank in apprehension of dispossession filed petition - High Court without issuing notice of original petition, proceeded further - High..........
Criminal Procedure Code, 1973, Section 145 -- Decision as to possession - Has some evidentiary value but same is not binding on a civil court - Question of title not to be gone into in proceedings u/s 145 Cr.P.C. - Civil Court can grant injunction inspite of an order passed u/s 145 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Cannot be held not maintainable when objector has availed the remedy of declaration suit in respect of his title...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 90 -- Execution - Objections - Res judicata - Objections U.O.21.R.90 CPC dismissed on the ground that remedy is already sought by filing a civil suit therefore there is no reason to implead as a party in the execution application - Objections filed U.O.21.R.97 - Held, order does not constitute res judicata insofar..........
Agreement to sell -- Specific performance - Trial Court dismissed suit by holding that property belongs to Gram panchayat and as such decree for specific performance cannot be granted - Appellate Court reversed the finding of trial Court on the basis of statement made by co-owner where he admitted execution of agreement to sell in favour of plaintiff and payment of due..........
Civil Procedure Code, 1908, Section 100, Order 39, Rule 2(A) -- Second appeal - Suit for injunction - Grant of - Challenge - As per documentary and oral evidence, there was family partition effected between the co-sharers with respect to the joint properties - Civil Court had jurisdiction over the subject matter of suit for injunction based upon undisputed title of the..........
Adverse possession -- Defendant claimed title which was proved to be false or fabricated - Burden is very heavy upon him to prove actual, exclusive, open, uninterrupted possession for 12 years - Plaintiff made out a clear and absolute title to the property - Defendant not able to make out title or adverse possession for more than 12 years - Held, plaintiff has title to the..........
