Indian Penal Code, 1860, Section 413, 414 -- Offence u/ss 413, 414 IPC - No independent, cogent evidence on record that alleged motorcycles were at all recovered from accused and he was habitually dealing in stolen property or assisting in concealment of stolen property - Alleged recovery from open space within alleged small boundary behind old jail as well as from chowk..........
Easements Act, 1882, Section 33 -- Violation of easementary rights - Right of light and air - Plaintiff neither pleaded obstruction of free passage to natural light and air nor obstruction to any easementary right of light and air - Unless easementary rights to light and air are obstructed adjacent owner has a right to put up his own wall at boundary or his property -..........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Boundary dispute between two states - Topographical maps maintained in Head Office of Survey of India sought to be produced by way of present application - Documents thus, not in possession of applicant - Production of said documents by witness for..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at spur of moment in sudden fight in heat of passion, when accused started making boundary in agricultural field of deceased - Incident started by accused and not by complainant party - Head injury caused by accused in heat of passion without any intention, but certainly with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Area of suit property - Amendment regarding mentioning the correct area and correct boundary is necessary for determining real question in controversy and is of clerical nature - Amendment to change the measurement of area and mentioning of correct boundary allowed...........
Will -- Wrong description of property - Is of no consequence where boundary description of property and other features are sufficient to clearly identify the property covered by the bequest...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Object of local investigation is not to collect evidence which can be taken in Court but to obtain evidence which from it peculiar nature can only be had on spot - Cases of boundary disputes and disputes about identity of lands are instances where Court should order local investigation...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Boundary dispute between parties - Duty casts upon Courts to appoint local Commission, if necessary for proper adjudication of case, especially where there is boundary dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Encroachment - Application for appointment of local commissioner at first instance filed by plaintiff immediately after framing of issues to prove encroachment - However, same was dismissed by Court on very flimsy ground - Subsequently application again filed by plaintiff which was also..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - For demarcation of suit land - Suit for declaration of title and permanent injunction - Serious dispute between parties with regard to boundary/area of scheduled suit land specially with regard to identity of land - No effective decree can be passed without appointment of commissioner - Commissioner..........
