Specific Relief Act, 1963, Section 34 -- Suit for declaration that plaintiff is deemed tenant/protected licensee of first defendant - Plaintiff and first defendant entered into agreement for conducting the business and plaintiff has taken over business under the agreement - Admittedly, first defendant is in possession of property from defendant No.2 - Agreement of..........
Agreement to sell -- Specific performance - Only 25% of total sale consideration was paid as earnest money on date of agreement to sell which cannot be held to be major part of consideration - Admittedly, possession was never delivered to plaintiff in part performance - Lower Appellate Court erred in granting discretionary relief to plaintiff decreeing suit for possession..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22 -- Bail - Contraband - Contraband found from possession of applicant is less than commercial quantity - Embargo of S.37 of NDPS Act, would not be applicable - Applicants detained for the last more than six months and charge-sheet has been presented..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not only as regards possession but is also as regards extent and boundaries of their land - Defendants have no objection for appointment of Local Commissioner - Application allowed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 25, 27a, 29 -- Bail - Contraband - Police apprehended petitioner who was sitting on the pillion seat of motorcycle driven by his son/co-accused - Whether recovery which was effected from polythene bag held by co-accused in his left hand is also to be..........
Partition suit -- Suit property was claimed as joint family property by plaintiffs - Defendants in their written statement, did not specifically rely on this contention, instead, they pleaded that plaintiffs had already released their share for valid consideration, which itself indicates that suit property is joint family property in nature - There is no proof by..........
Settlement deed -- Acceptance - Production of original gift deed in possession of plaintiff before Court is the vital evidence to prove acceptance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) -- Recovery of 115 intoxicating tablets - PW1 and PW2 proved recovery of 115 intoxicating tablets from conscious possession of appellant, who had thrown polythene pouch on the ground on seeing police party - Even, ASI also categorically stated that recovery was effected from appellant and had supported the..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Documents are in possession of plaintiff - There is no possibility for defendant to modify the same, as such he sought for production of same from plaintiff - Documents in question are necessary documents for deciding the issue before trial Court - Application allowed. (P aras 7 & 8)..........
Limitation Act, 1963, Article 65 -- Limitation - Partition suit - Limitation commences from the date of exclusion or from date on which possession becomes adverse - Fact of exclusion and possession becoming hostile has to be pleaded and properly proved - Defendants have miserably failed to plead ouster or possession becoming adverse, in that view of the matter point for..........
