Indian Penal Code, 1860, Section 395, Evidence Act, 1872, Section 9 -- Dacoity - Test Identification Parade (TIP) - Accused convicted only on the basis of TIP - TIP was held after two months of incident, but delay was not explained - More so, TIP held in jail, which is not substantive piece of evidence - Moreover, accused were known to witnesses - Neither injury was said..........
Suits Valuation Act, 1887 -- Property is under ownership of Gurdwara as it has been proved through registered Gift Deed - Defendants being illegal occupant of land which belong to Gurdwara Sahib cannot be permitted to raise issue/objection regarding locus standi - Once Gurdwara Sahib has been held to be owner, consequently relief of possession and restraint order is..........
Delhi Municipal Corporation Act, 1957, Section 120(1)(c) -- Incidence of property tax - Person having right to let out un-let land, liable to pay tax - His status as lessor or licensee is irrelevant...........
Evidence Act, 1872, Section 116 -- Estoppel - Denial of landlord's title - Eviction suit - Tenant in his written statement though denied ownership of landlord but in his cross-examination admitted title of landlord - He further admitted that he used to pay rent in the name of father of landlord - Tenant without any doubt regarded plaintiffs/landlord as owners of suit..........
Wakf Act, 1995, Section 83, 85 -- Wakf Property - Jurisdiction of Civil Courts - Ejectment of lessee from wakf property - Civil Courts had jurisdiction to entertain suit filed by Board...........
Wakf Property -- Appellant is claiming himself to be lessee under Board - After the file of suit appellant stated depositing lease money in Civil Court - Thus, unilateral act of appellant to deposit amount in Civil Court will not extend lease - There is nothing on record to show that appellant ever intimated Board regarding deposit of lease amount and Board had agreed to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Any person/inhabitant of village is competent to file petition for ejectment against unauthorized occupant of Panchayat property...........
Specific Relief Act, 1963, Section 34, 37 -- Suit for declaratory and injunction - Right claimed as no, occupancy tenant on rent basis - Plaintiff was unable to prove his plea that owner of suit property executed gift deed of 4 biswas and not 4 bighas in favour of education department and his possession over suit property is as no, occupancy tenant - On the contrary,..........
Stamp Act, 1899, Section 3, 17, 27 -- Valuation of property - Valuation given in an instrument is not the conclusive valuation and registering authority is not bound by valuation mentioned in the deed sought to be registered...........
Stamp Act, 1899, Section 3, 17, 27 -- Stamp duty - Valuation of property - Agreement to sell - Suit for specific performance - Market value of property should be assessed on the market rate prevailing at the time of registration of sale deed not when the parties entered into such agreement to sell - It is irrelevant that matter has been in the litigation for a long time...........
