Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff claiming to be in exclusive possession - Defendant claiming that status of parties was joint - In partition proceedings possession was delivered to the parties on the spot and mutation was also sanctioned - Defendant did not challenge delivery of possession - From copy of Jamabandi for the year 1995-96 it..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Dispute as to ownership and possession of plaintiffs over suit property - These are matters relating to fact - Ownership of plaintiff over suit property is admitted and proved fact - Possession on the basis of evidence was decided by first appellate Court - No perversity and..........
Limitation Act, 1963, Article 110 -- Limitation - Plea of exclusion by ouster an extension to law of limitation relating to adverse possession between co-owners, ought not to be applied for persons who are claiming succession to property where defendant is unable to prove such exclusion - Ouster of possession must be such as to bring home to knowledge of other heirs that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22 -- Recovery of 500 gms of charas - Link evidence - No clarification as to who was in possession and custody of sample of contraband between 30.7.2001 to 3.8.2001 - Sample taken out 100 grams but it was found to be 90 gms at FSL - Contraband recovered in the presence of Deputy S.P./Circle Officer and he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 500 gms charas - Appeal against acquittal - Independent witness stated in positive manner that charas was not recovered from possession of accused in his presence - On the contrary police officials stated that charas was recovered from conscious and exclusive possession of accused in their..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Registration - There is no plea of part performance making out a case of protection of possession by plaintiff - There is only a prayer for delivery of possession and evidently, there is no resort to S.53-A of T.P. Act - If only a plea is made u/s 53-A of T.P. Act,..........
Registration Act, 1908, Section 17 -- Registration - In a suit for specific performance, if stamp duty is paid as required, issue of registration is irrelevant so long as plaintiff seeks no prayer for protection of his possession by injunction either as a plaintiff suing for specific performance to protect his possession or taking up a defence against recovery of..........
Co-sharer -- Simplicter suit for declaration without seeking relief for possession - Suit is maintainable at the instance of co-sharer, as concept of possession is i, built mechanism in a suit for declaration based on co-sharership...........
Evidence Act, 1872, Section 6 -- Relevancy of facts forming part of same transaction - Preparation of dacoity - When prosecution story with respect of main occurrence is highly improbable, suspicious, unreliable and indicates false implication of accused, prosecution version with respect to recovery of arms and ammunition from possession of accused, which are also alleged..........
Indian Penal Code, 1860, Section 395, 120B -- Hire Purchase agreement - Failure to pay loan instalments - Possession of vehicle by financier - Being owner of vehicle, financier cannot be termed as a thief while exercising option to repossess the vehicle and element of dishonest intention is totally lacking - It is in exercise of right conferred on him by the terms of hire..........
