Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Both parties claiming to be owner in possession of suit property - Ownership and possession a disputed question of fact - Question of fact can only be decided after parties lead their evidence - Order of status quo, upheld...........
Criminal trial -- Panchnama - Seizure memo - In absence of original Panchnama and seizure memo drawn by the police of J&K, no weightage of panchnama drawn by Gujarat Police at J&K for seizure of case already in possession of J&K police at SOG Camp can be given...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Burden is upon plaintiff to prove his title and possession in order to succeed in the suit for injunction - Plaintiff nowhere pleaded in plaint as to how and in what manner he acquired ownership rights over property in dispute - Initiation of proceedings u/s 122-B of UPZA & LR Act against..........
Adverse possession -- Defendant was in possession of suit property for many years being given to predecessors of defendant for residence and their possession was of permissive nature - Defendant failed to prove ownership as possession is not of adverse nature - Courts below rightly held that defendant is not owner of suit property due to adverse possession...........
Delhi Rent Control Act, 1958, Section 1(2), 50 -- Suit for possession and mesne profits - Applicability of Rent Act - Area of village Dabri, which contains Sagarpur area and where suit premises are situated' are not covered by Delhi Rent Control Act because no notification has been issued u/s.1(2) of the Act for applicability of this Act to Sagarpur area - Held, Civil..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and licence - Terms and conditions contained in document show that possession was to remain with plaintiff though keys were kept with defendant - Only due to this circumstance inference cannot be drawn that it was transaction of lease - From the evidence on record and previous admissions..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21, 22, 29 -- Statutory bail - Recovery of 229 vials of Rexcof (cough syrup) in possession of accused - Entire quantity required to be taken into consideration to determine quantity i.e. small, intermediate or commercial - Accused in possession of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 389 - - Suspension of sentence during pendency of appeal - Recovery of 200 gms. charas from applicant and remaining quantity of heroin recovered from co-accused - Applicant sentenced to undergo 10 years RI - Applicant has undergone 1 year 2 months and 14 days of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Criminal Procedure Code, 1973, Section 482, Evidence Act, 1872, Section 27 -- Quashing of FIR - Recovery of opium - No reference made by co-accused about involvement of petitioner - Except disclosure statement of co-accused u/s 27 of Evidence Act, there is no incriminating evidence available on..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bona fide requirement - Reconstruction of premises - Building is built with stone and Dhajji (wooden planks) walls - Landlady wants to construct RCC structure to get better value of property - She has sufficient resources - Held, it is not necessary for landlady to prove that premises are dilapidated -..........
