Mohammadan Law/Mohammedan Law -- Gift - Transfer of constructive possession sub-serves the requirements of law...........
Mohammadan Law/Mohammedan Law -- Gift - Gift can be of property which is in possession of a lessee or a mortgagee - For effecting a valid gift, the delivery of constructive possession of the property to the donee would serve the purpose - Even a gift of a property in possession of trespasser is permissible in law provided the donor either obtains and gives possession of..........
Mohammadan Law/Mohammedan Law -- Gift - Transfer of constructive possession sub-serves the requirements of law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54 -- Conscious possession - Sitting near the bags of poppy husk in a field - Does not prove constructive possession or control over the same...........
Specific Relief Act, 1963, Section 19(b) -- Agreement to sell - Suit for specific performance - Subsequent purchaser for valuable consideration without notice - Once the possession is of the plaintiff over the suit land, the subsequent purchaser should make an inquiry as to title or interest of the person in actual possession as on the date when sale transaction was made..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54 -- Poppy husk - Conscious possession - Accused sitting by the side of poppy husk bags - Area having wild growth of sufficient height belonging to none and accused was found by the side of poppy husk bags and thus it was the accused who was in constructive possession and control over the contraband -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Conscious possession - Means awareness about a particular fact - It is the state of mind which is deliberate or intended - Possession in a given case need not be physical possession, but can be constructive, having power and control over the article, while the person whom physical possession is given holds..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Principles of constructive res judicata - Suit for injunction - Dismissed - Plaintiff restrained from interfering with physical possession of defendant - Plaintiff filed suit for possession - Relief for recovery of possession could not have been asked for in that suit - A relief which was..........
Adverse possession -- Co-sharer - Long and continuous possession by itself does not constitute adverse possession - Even non-participation in the rent and profits of the land to a co-sharer does not amount to ouster so as to give title by prescription - A co-sharer, becomes a constructive trustee of other co-sharer and the right of a person or his predecessors-in-interest..........
Transfer of Property Act, 1882, Section 54 -- Sale of immovable property - Held that the possession contemplated in Section 54 of the Act is actual physical possession - It is not sufficient to show that there was constructive or symbolic possession because the words used in the Section are `delivery of tangible immovable property takes place when the seller places the..........
