Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of alleged instrument of murder from an open field which is not in exclusive possession of accused - Chemical examiner's report silent about whether blood on instrument of murder was human blood or animal blood - Testimony of witness of last seen not properly assessed by trial Court and..........
Transfer of Property Act, 1882, Section 53A -- Protection u/s 53-A of Act - Where entire sale consideration was paid and possession of property delivered under an agreement of sale, transferee can enforce his defence u/s 53-A of Act against his transferors or any other person claiming under them...........
Specific Relief Act, 1963, Section 38 -- Perpetual injunction - Without seeking relief of specific performance - Maintainability - Where plaintiff proves that there was delivery of possession and he continued to be in possession of property or has done something in furtherance of said agreement, suit for injunction may be maintainable - But, it was not maintainable where..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Contentions issues involved in the case - There are also various documents on record which are required to be appreciated in the light of evidence that might come on record - Parties directed to maintain status quo as regards possession of the property in question...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(2)(V) -- Eviction - Ceased to occupy - Premises taken on lease for running Spinning and Weaving Mill - Mill was lying closed prior to filing of eviction petition and entire machinery from factory premises stood removed - Petitioner/tenant was in possession of premises and had also employed certain persons to look..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 2(e), 5 - - Eviction - Unauthorized occupant - Civil Court only protected possession of petitioner till he is proceeded against in accordance with law - Policy dated 01.11.2001 relied upon by petitioner has already been held unconstitutional by High Court in CWP No.2272 of 2003 titled as..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3(3)(a)(iv), Haryana Apartment Ownership Act, 1983, Section 3(f)(1), 3(f)(2), 3(f)(3), 3(f)(4), 3(f)(5), 3(f)(6), 3(f)(8) -- Community and commercial facilities - Rights of apartment owners vis-a-vis colonizers - Held, apartment owners are entitled to an undivided interest in common areas and facilities..........
Injunction -- Possession - Lease - Property had been under management of Gram Panchayat and it had been leasing it out on various years - Jamabandies for two years prior to institution of suit have contained name of plaintiff as being in possession of property - However, there is no subsisting lease - There exists no right for plaintiff to continue in possession of..........
Agreement to sell -- Specific performance - Ready and willing - Deposit of balance sale consideration in Court - When as per agreement to sell plaintiff is entitled to part with the balance sale consideration only against delivery of title and physical possession of land to him then to order plaintiff to deposit in Court the balance sale consideration even without..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte decree - Setting aside - Appeal against order refusing to set aside ex parte decree - Summons were duly served by ordinary post as well as by affixing and by registered post and finally by publication in the newspaper where defendant carries on business - Amount of..........
