Hindu Law -- Suit for partition - Agriculture land already in possession of plaintiff as Khatedar at the time of institution of suit - No claim of defendants as to division of khatedari rights or mutation - Suit instituted for partition of haveli only - After accruing Khatedari rights, agricultural land would become self acquired property of plaintiff - Cannot be made part..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27, 25 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of `Sabbal' (Iron rod) - Information regarding sabbal was given to police - On perusal of discovery statement, it revealed that it amounts to confession made by accused before police officer, therefore, same is hit by S.25 of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Plaintiff sold the property to defendant No.1 by executing the documentation being agreement to sell, general power of attorney (GPA), Will, receipt etc. - Transfer of rights in an immovable property is a bilateral act, thus, said contract cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of three bags containing 106.500 gms poppy husk - Conscious possession - Major contradiction in the statements of PWs as to from where contraband was recovered - It makes the recovery highly doubtful - Prosecution failed to prove that contraband was recovered from the conscious possession of..........
Criminal Procedure Code, 1973, Section 145, 146 -- Orders passed u/ss 145, 146 Cr.P.C - Are interim in nature only to avoid imminent danger of breach of peace - Proceedings cannot be used for getting possession over land for which most suitable remedy is the filing of civil litigation...........
Criminal Procedure Code, 1973, Section 145, 146 -- Order releasing attached property - Dispute as to ownership and title of property - Both the sides had produced evidence regarding ownership and title of land in question - Proceedings were initiated in 1995 u/s 145 Cr.P.C. and they continued for 10 years - SDM exceeded his jurisdiction in releasing the attached property -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Recovery of 4 kgs of heroine - FSL report discloses that only 50 gms of heroine was actually in possession of accused - Accused remained in custody for about 5 1/2 years - Thus, taking into account period of..........
Eviction Order -- Pendency of stay application - Executing Court directed issuance of warrant of possession - Non grant of stay as such by Appellate Authority and granting adjournments and delaying stay proceedings was not justified thus, revision petition filed u/art.227 of Constitution is very much tenable and sustainable and irreparable loss would be caused if tenant..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and permanent injunction on the basis of Will and Codicil - Testator of Will is still alive thus plaintiff has no cause of action to file the suit, as contended by defendant - However, documents in question are created in praesenti - From the averments of document,..........
Suits Valuation Act, 1887 -- Suit for possession based on title - It is not necessary for plaintiff to prove his dispossession for seeking relief of possession - Plaintiff on the basis of his title can recover back possession of suit land - It is for defendant to show that he is in adverse possession of suit land for 12 years before filing of suit - Moreover suit for..........
