Railways Property (Unlawful Possession) Act, 1966, Section 3(a), Evidence Act, 1872, Section 3 -- Theft of railway property - Appreciation of evidence - Evidence of PWs.is consistent, corroborative and categorical with respect to incriminating materials recovered from possession of petitioner - Even, false implication of petitioner is ruled out - Moreover, failure to..........
Railways Property (Unlawful Possession) Act, 1966, Section 3(a) -- Theft of railway property - Reduction of sentence - Petitioner is facing rigors of prosecution since year 1987 due which he has suffered mental agony on account of long pendency of case for about three decades - Considering nature of offence and period of incarceration suffered by petitioner in custody,..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Exemption of religious places - Release of land of Radha Soami Satsang Beas - As per policy of Government, genuine religious place of worship or property attached to such institutions cannot be acquired - Hence, no infirmity in releasing the land of Radha Soami Satsang Beas...........
Suits Valuation Act, 1887 -- Joint Hindu Family Property - Limitation - Law of limitation does not per se prescribe any fixed time or period for filing a suit for partition in case of joint family property or jointly owned properties - Suit for partition not barred by limitation...........
Civil Procedure Code, 1908, Section 2(12), Order 20, Rule 12 -- Mesne profits - Suit for mesne profits can be filed only for past period and not for future with an exception that suit for future mesne profits can be filed when accompanied with relief of recovery of possession of immovable property...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration - Cause of action for fling suit arose when plaintiff came to know about purported purchase of suit property by defendant - Plaintiff was aware of Certificate of Purchase from year 1985 and he filed suit in year 2004 - Thus, suit is barred by limitation u/art..........
Delhi Rent Control Act, 1958, Section 14 -- Eviction petition - Bonafide requirement - Leave to defend - Once it is admitted that landlord and his family members are a business family and are carrying on their business from whatever portions are available or from time to time have become available in property they are always entitled to seek eviction of tenant in other..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Attempt to rape of 13 years old girl by her real Uncle (Chacha) - Threat extended by relatives of accused - Persons present outside Court were not strangers or bad elements - They were closely related to parties - During Court proceedings no threat extended by brother of accused or his family -..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151 -- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience..........
Transfer of Property Act, 1882, Section 109 -- Transfer of landlord's right in favour of transferee - Attornment is not necessary to confer validity of transfer of landlord's rights, as S.109 of the Act does not require that transfer of right of landlord can take effect only if tenant attorns to him...........
