Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, recovery of possession, mesne profits and permanent injunction - Defendants had duly admitted title of plaintiff over suit land - Though defendant claimed that there was a gratification of land in his favour, but there is no evidence adduced in support thereof - Documents of title of plaintiff..........
Muslim Law -- Gift - Essential ingredients of a valid gift under Muslim Personal Law are : (i) Declaration of gift by the donor; (ii) Acceptance of gift by donee: and (c) Delivery of possession of gifted property - Thus, for a gift to be valid, compliance of three essentials are necessary even though it is not registered by a registered instrument - But if the conditions..........
Limitation Act, 1963, Section 27 -- Extinguishment of right to property - Partition suit - Plaintiff though contended that he is in possession of portion of property, however, no evidence led by him that he was in possession of suit property on the date of filing of suit - S.27 of the Act thus, not given effect to rescue plaintiff's case, as he has not proved his..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Gun shot injury - Seven empty cartridges were recovered lying at different places on the spot and were taken into possession - Doctor who had examined the injuries of PW2 stated that he had suffered four injury wounds, two each on the right and left thighs - Injuries were grievous in..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Property involved in the case is live electric wire, which is not ordinarily available in the market let alone in shops, as material objects are exclusively used by Electricity Department on making special order directly to Industries manufacturing them - Material objects were recovered from possession of A-1 to..........
Mohammedan law -- Gift (Hiba) - It is not necessary while transferring possession by donor in favour of donee under Hiba, that delivery of possession should be actual physical possession - It can also be constructive possession...........
Mohammedan law -- Gift (Hiba) - When donor and donee, who are father and son are residing together in residential house owned by father, it is not expected that after gifting property by way of Hiba, father would leave the residence - Since donor has delivered constructive possession to donee, it is sufficient to satisfy requirement of delivery of possession in order to..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of the plaint - The plaint are to be considered under O.7.R.11 CPC - While it is true that the defendant's defence is not to be considered at this stage, this does not mean that the court must accept patently untenable claims or shut its eyes to settled principles of law and put the parties to trial, even in..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Specific date of eviction not proved by plaintiff - Plaintiff had to prove specific date of his eviction as to when he was evicted - He contended that he was not residing there and he had paid rent since 1987 - Trial Court wrongly concluded that plaintiff was evicted six months before filing of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner can be appointed for determining physical features of property but not for verifying and gathering evidence as to who is in possession of property...........
