Criminal Procedure Code, 1973, Section 456 -- Restoration of possession - Object of S.456 of the Code - Held, object of S.456 Cr.P.C. is to prevent any person gaining wrongful possession of a property by his own unlawful and forceable acts and it is envisaged to thwart "might is right" theory and to show that arm of law is long enough to reach man who flouts it and relies..........
Criminal Procedure Code, 1973, Section 456 -- Restoration of possession - Mode of execution of order of restoration of possession - Held, as per S.456 Cr.P.C. Court is empowered to order restoration of possession to aggrieved person, after evicting by force, if necessary, either accused, his legal representatives or any other person who may be in possession of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35,54,8,15 -- Recovery of contraband - Conscious possession - Prosecution has to prove that recovered contraband was in possession of accused - Once that burden is discharged by prosecution, then burden shifts on accused to prove beyond reasonable doubt that although recovered contraband was found in his..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff not in possession is not entitled to the relief without claiming recovery of possession...........
State Financial Corporation Act, 1951, Section 29 -- Possession of a surety - Powers of Corporation - Held, there is simply no power to the Corporation to take possession of a surety under S.29 and bring the properties secured for sale without the aid of the Court...........
Adverse possession -- A person in adverse possession cannot seek declaration that he is owner in possession on the basis of adverse possession - Plea of adverse possession can only be taken in defence...........
Hindu law -- Joint family property - Partition - Family arrangement - Proof - Possession of some portion of property by different parties was merely an arrangement of convenience by way of oral agreement - Held, parties may decide to live in such portions which are not worthy of partition by metes and bounds - But such arrangement/agreement is nothing more than an..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 7 -- Proceedings u/ss 5 & 7 of the Act initiated by appellant - Respondent claiming to be in possession as an evacuee property - Respondent filed writ petition by contending that proceedings under the Act are without jurisdiction - High Court remanded the matter to Chief Settlement..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Plea of hardship - Vendor in possession of property and not ready to perform and execute sale deed - No hardship caused to vendor as per material on record - Vendor liable to execute sale deed and vacate premises...........
Punjab Land Reforms Act, 1972, Section 9(1) -- Surplus land - Taking of possession - Issuance of notice - Notice issued u/s.9(1) returned by Tehsildar on account of stay in favour of petitioner - Held, no requirement of serving of fresh notice for taking possession once stay was vacated upon dismissal of appeal by Commissioner...........
