Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs are title holder of suit land - Vendors of defendant admitted possession of vendor of plaintiffs over suit land in complaint case - Defendants thus, cannot claimed that they are in possession of suit land - Concurrent findings of Courts below that plaintiffs being title..........
Registration Act, 1908, Section 17 -- Registration - Exchange deed - Possession had already been exchanged between parties and document in question was just a memorandum of exchange and was not exchange deed itself - No registration is required of said document...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Consent deed - Petitioner purchased property and entire revenue records were mutated in favour of petitioner - Original owner interfered with possession of petitioner by contending that father of petitioner had no valid title over the property - However, matter was settled in meditation by paying Rs.11 lakhs to..........
Adverse possession -- Mutation of revenue records, payment of Kist, custody of original title Deed, mere long possession and enjoyment for more than statutory period, are alone not sufficient to constitute adverse possession, unless denial of title is brought to knowledge of title holder - Limitation clock begins to tick only when denial of title is conveyed to real owner..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Appointment of pleader commissioner - To certify the age and size of house - Suit for recovery of possession and eviction filed on the basis of sale deed - Both the parties thus, are knowing the area of suit property - Inspite of that application for appointment of commissioner was filed - Application rightly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 22(c), 23, 25, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Applicant was made accused and has been in custody in regard to two cases for the same act of allegedly delivering a container containing contraband - However, no recovery of any contraband or cash has been..........
Agreement to sell -- Registration - Agreement to sell evidencing delivery of possession is required to be registered only for the purpose of protecting possession u/s 53-A of Transfer of Property Act...........
Agreement to sell -- Suit for specific performance on basis of unregistered agreement to sell - Order passed as to status quo in respect of title and possession till disposal of suit - Suit for specific performance of an unregistered agreement of sale is maintainable - No error committed by trial Court while granting injunction in favour of plaintiff...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(B) -- Illegal gratification - Demand and acceptance - Complainant provided a consistent and detailed account of demand made by appellant for Rs.600 as bribe - His testimony was corroborated by PW10, shadow witness who confirmed hearing appellant demanding bribe and seeing complainant hand over tainted money - Recovery of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, Evidence Act, 1872, Section 101, 102 -- Conscious possession - Burden of proof - It is burden of prosecution to establish that contraband was seized from conscious possession of accused - Only when that aspect has been successfully proved by prosecution, onus will shift to accused to account for the..........
