Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Dacoity - Primary motive of accused persons was to retrieve specific institutional files/information and not to seek any wrongful gain - This, coupled with subsequent return of all property, a fact affirmed by complainant in his voluntary affidavit submitted before High Court as well as before Supreme Court, convinces that..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simplicitor - Petitioners are mother and sister of defendant and they are claiming possession over suit land through defendants - However, according to plaintiffs, defendant are only persons who are disturbing possession of plaintiffs over suit land - Petitioners who do..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - When a person seeks bare injunction based on possession, he has to prima facie identify the property for which relief is claimed...........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Decree for possession - DHs are heirs of original plaintiff, their inter se rights regarding property are not to be considered and decided in execution petition - It is only decree for possession has to be executed whether at the behest of one of decree holder or by all decree holders,..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fee - Suit for cancellation of transfer deed - Where plaintiff is not an executant of transfer deeds seeking cancellation and seeking relief of possession is computable u/s 7(iv)(c) of the Act, Court fee is payable in accordance with S.7(iv)(c) r/w S.7(v) of the Act...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No evidence on the part of defendant to show possession or construction or even `further possession' - Even, defendant failed to mark exhibits on his behalf in proof of title and possession - There is no contra evidence to rebut the claim made by plaintiff seeking temporary application - Temporary..........
Co-sharers -- Co-sharer in exclusive possession is entitled to raise constructions over portion in his possession...........
Co-sharers -- Un-registered memorandum of partition - Memorandum of partition was acted upon and pursuant thereto part of suit land was sold by one of co-owner - Plaintiff did not challenge said sale deeds for a period of nearly 20 years and filed civil suit only in 1994 - Since the memorandum of partition was acted upon and remained unassailed for nearly two decades and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When a suit is instituted for possession, based on title to defeat suit on the ground of adverse possession, burden is on defendant to prove adverse possession for prescriptive period - This, therefore, cannot be an issue on which plaint could be rejected at threshold...........
