Wakf Act, 1954, Section 6, 7 -- Wakf property - Jurisdiction of Tribunal - Wakf Board filed a suit in Tribunal for joint possession of land in 1972 - Act came into enforce in 1995 - Held, Tribunal could not have entertained and decided suit - It was only within the jurisdiction of civil Court - U/s.6 r/w S.7 of the Act, institution of suit in civil Court is barred only..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for possession by way of specific performance of agreement to sell - In written statement filed by petitioner-defendant initially, a plea was taken that alleged agreement to sell is a forged and fabricated document - Petitioner-defendant moved application for amendment of written statement..........
Indian Penal Code, 1860, Section 302,376(2)(f),201, Evidence Act, 1872, Section 106 -- Rape and murder - Rarest of rare case - Accused committing rape and murder of his own 4 years daughter - Victim was in custody of accused - No explanation offered by accused as to how such severe injuries were suffered by victim and how she met with death as these facts were in his..........
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34 -- H.P.Land Revenue Act, 1954 Declaratory decree - Res judicata - Suit for declaration as to exclusive possession as co-owner already dismissed by Civil Court and later affirmed by appellate Court - Held, once status of parties is finally determined by civil court, as to whether a person is..........
Succession Act, 1925, Section 217 -- Probate - No mention of two daughters in the Will despite having good relations with them and they having no proper means of maintenance - No explanation for delay of more than twenty five years in filing probate application - Daughters of testator were in possession of suit property and had been paying municipal taxes regularly -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Refusal to grant - Plaintiff himself admits that suit land was acquired by Government for establishment of a power project and compensation was alleged to have been paid to defendant Nos.1 to 5 but not to him - Held, that shows that plaintiff has no prima facie case for getting equitable relief of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5), Exception (iii), (viii) - - Shamlat deh - Exclusion from - Held, possession of Makbooza Malkan recorded in revenue record cannot be deemed to be individual cultivating possession of proprietor - In order to prove that case of appellant falls under Exceptions (iii) or (viii) of S.2(g)(5) of the Act of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Agreement to sell - Unregistered - Restraining defendants from dispossessing plaintiff - Property in dispute is joint property - Not possible to give possession to plaintiff over any specific portion of property - Neither in alleged deed nor in plaint, any specific portion of property shown over which..........
Adverse possession -- ...........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 27 -- Second Appeal - r/w ,Art. 64 - Adverse possession - Appellant's father was engaged as watchman and was in that capacity allowed to stay in suit premises - After his father's death, appellant continued to serve as watchman to respondent society - Appellant failed to prove adverse possession -..........
