Specific Relief Act, 1963, Section 5, 34 -- Suit for confirmation of title and recovery of possession - Without seeking relief of declaration - Defendants denied title of plaintiff - Court below committed error in granting decree in favour of plaintiff without asking him for seeking declaration of title u/s 34 of the Act - Impugned order set aside - Matter remanded...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Demolition of three public utility constructions - Disputed constructions have been raised on the main road which is 5 feet below the road adjacent to plaintiff's house - Right of frontage if any available to plaintiff is clearly not obstructed by any of disputed constructions - Plaintiff not entitled to any..........
Practice and Procedure -- Deletion of case from cause list - Once a case is notified on the cause list, unless there is a specific order to that effect either of Bench concerned or Chief Justice of India, Registry has no authority to delete a case which is already listed...........
Mutation -- Co-sharer not entitled to alienate any specific Khasra numbers - Mutation of specific khasra numbers without partition cannot be sanctioned - Mutation rightly set aside by both the Courts below...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - DW1 admitted that plaintiffs were in possession of suit property and that defendants were not in possession of same - Courts below were duly justified in granting a decree of permanent injunction restraining defendant from interfering in possession of plaintiffs over suit property - Suit rightly decreed...........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Statement of PWs - Mother of deceased/PW6 while deposing demand of dowry has not deposed to any particular act of cruelty or harassment by appellant - Essential ingredients of S.304-B IPC not made out from evidence of PW6 - Statements of bother of deceased/PW7 not contain any specific instance of..........
Specific Relief Act, 1963, Section 38 -- Suit for possession by pre-emption and permanent injunction - Disputed common way was purchased by plaintiff vide sale deed - Defendants had been given right to use common way as a licensee - However, defendant would not use the disputed common way, as plaintiff had already locked it - Suit dismissed...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simplicitor - Suit is maintainable, as plaintiffs are title holders of suit property...........
Stamp Act, 1899, Section 33 -- Impounding of document - Recovery suit - Plaintiff had not filed suit for specific performance of contract rather he had filed suit for recovery of money that was given by him in part consideration of agreement to sell - Trial Court had committed an error in impounding the agreement to sell and sending it to Collector (Stamps) for..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from recovering royalty from plaintiffs - Brick earth was declared as a minor mineral by a notification u/s 3(e) of Mines and Minerals Act - State Government thus, gets the right to levy royalty on the production and disposal of minor minerals - Once it is shown that under the Mineral..........
