Specific Relief Act, 1963, Section 34 -- Suit for declaration and for recovery of possession - Suit properties were exclusive properties of husband of plaintiff and to meet his medical and agricultural expenses, item No.3 of suit properties was sold to defendant No.3 - Defendant No.3 proved that he was bona fide purchaser of property in question - No evidence is..........
Limitation Act, 1963, Article 56 -- Limitation - Suit for declaration, delivery of possession and permanent injunction - Suit not filed within three years of having knowledge of execution of sale deed - Suit filed is not within limitation - Suit filed is barred by limitation - Suit rightly dismissed...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand made by accused has not been challenged - Recovery of tainted money from the possession of accused coupled with the presumption as provided u/s 20 of the Act shows that prosecution has successfully proved the guilt of accused beyond reasonable doubt - Demand and acceptance of..........
Specific Relief Act, 1963, Section 37, 41 -- Injunction - Title over property along with symbolic possession is claimed in the plaint - Therefore, suit not barred u/ss 37, 41 of the Act...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Knowing Pleader Commissioner - When there is dispute over boundary and possession over suit land, Court could not order for appointment of Survey Knowing Pleader Commissioner, as Commissioner could not be appointed to collect evidence on behalf of parties - Application rightly rejected...........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Project was delayed inordinately - Complainants were made to suffer for long for no fault of them - In spite of making the entire payment, they were deprived of possession within stipulated time - Commission rightly directed Developer to refund the..........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Interest - Commission was not justified to award a lesser interest than even the one agreed upon in the agreement - Interest modified to the extent to be paid at the rate of 12% p.a in view of agreement...........
Specific Relief Act, 1963, Section 39, Easements Act, 1882, Section 52 -- Licence - Defendants have been in possession of suit land exclusively and have been using it admittedly for the last 22-23 years - There is no iota of evidence on record that any amount was being paid as licence fee, nor was it recorded in the revenue document that defendants were in possession as a..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widowed daughter-in-law - Father-in-law is in possession of property belonging to deceased husband - Deceased husband was the owner of properties in question and his name was also mutated in revenue records - Since, she has been deprived of her property, therefore she is entitled to maintenance @..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Once vendor claimed that property in question was lying vacant for last 14 years there was no question of delivery of physical possession to plaintiff/vendee - Thus, mere registration of sale deed could not be relied upon to show that possession had passed to plaintiff...........
