Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a pendente lite purchaser in a suit for permanent injunction - Objection as to - Appellant took illegally possession of suit land and started construction thereon - Appellants not claiming any rights in suit land - Since, applicants having rights in respect of suit..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - A claim of title to goods which have seen seized is a relevant consideration while passing an order u/s 452 Cr.P.C...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Where a claim is made before Court that property does not belong to person from whom it was seized, S.452 Cr.P.C does not mandate that its custody should be handed over to person from whose possession it was seized, overriding the claim of genuine title which is asserted on behalf of a third party...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Function which Court exercises u/s 452 Cr.P.C is of a judicial nature - In making that order, Court must undoubtedly have due regard to entitlement claimed by person who seeks possession of property...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Claim made by respondent to title of goods is seriously in dispute - Such a claim be agitated before competent civil forum - In the absence of such an adjudication, custody of seized goods, should continue to be with appellant, as goods were made over to him 26 years ago - Custody of goods should..........
Evidence Act, 1872, Section 90 -- 30 years old document - Sale deed - Presumption u/s 90 of the Act - For application of presumption u/s 90 of the Act, property must be co-related with suit property - Since dimensions shown in sale deed did not correspond to dimensions of site plan adduced by plaintiffs, no presumption can be drawn regarding document 30 years old...........
Evidence Act, 1872, Section 102 -- Onus to prove - Sale deed - Execution - Sale deed was tendered in rebuttal evidence - Onus therefore was heavily upon plaintiffs to prove their case, viz.-a-viz. dimensions, length and breadth and other material particulars of property involved in sale deed...........
Transfer of Property Act, 1882, Section 106 -- Notice u/s 106 of the Act - Fling of suit can be taken to be a notice u/s 106 of the Act...........
Court Fees Act, 1870, Article 17(vi) -- Schedule II - Court fee - Partition suit - When a partition is sought by co-owner, Court fee which is payable is a fixed Court fee in terms of Schedule II, Art.17(vi) of the Act, in as much as every co-owner is either in actual physical possession of whole or part of property or in law has to be taken in deemed possession or..........
Ownership -- Proof - To prove ownership documentary evidence of permissions granted by the municipality, property tax assessment papers, tax receipts and extract of the Book of Endowments placed on record - Held, said documents might imply possession but cannot be relied to confer title upon the holder. (Specific Relief Act, 1963, S.34)..........
