Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent and mandatory injunction - Plaintiff claimed his right and title over suit property on the basis of sale deed executed in his favour - Defendant on the other hand himself admitted that no ownership was transferred in his favour - Neither name of defendant was shown in revenue records nor any case..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, 18A -- Leave to contest - Apart from shop in question, which is in possession of petitioner there were three more shops which were also divided inter se family members as per family settlement which was reduced into writing - Rent Controller would have necessarily to go into various factors as share of..........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Not maintainable where a fact of unauthorised possession is required to be inquired into and to be adjudicated upon - It is only in the case of enforcement of legal right and not to establish a legal right, the writ of mandamus would be maintainable...........
Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3 -- Possession of fake currency notes - Appreciation of evidence - Evidence of PW9 clearly establishes that currency notes seized from custody of accused were fake currency notes - Even, when accused found that police personnel were coming they ran away, which shows that accused were having knowledge that..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from disturbing possession of plaintiffs - Relief in part granted as Revenue Authority granted mutation of part of land - No reasons given by Revenue Authority for not granting mutation of remaining property - Bonafide purchase of entire property by plaintiff - Decree of permanent..........
Wakf Act, 1995, Section 40 -- Wakf property - Declaration of ownership - Neither there are pleadings nor there is iota of proof on record to the effect that suit property was ever declared as Wakf property or it was notified as such - Even, it is also not known whether plaintiff/Board had followed mandate of provisions of Wakf Act and followed mechanism contained in the..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession - Limitation for filing an application for delivery of possession is one year, which begins to run when sale becomes absolute and not when sale is confirmed...........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Section 15(1) -- Auction sale - Delivery of possession - Applicability of S.15(1) of Limitation Act to an application filed U.O.21.R.95 CPC - Question left open...........
Criminal Procedure Code, 1973, Section 102, Indian Penal Code, 1860, Section 392, 397, 34 -- Search before arrest - Robbery - S.102 Cr.P.C. provides, that if there is reasonable suspicion to police officer that person is in possession of stolen property or is involved in commission of a cognizable offence, he can immediately carry out search without effecting a formal..........
