Indian Penal Code, 1860, Section 471, 201 -- Offence u/ss 471, 201 IPC - Four persons were sitting in the vehicle in question having fake number plate - Trial Court acquitted three co-accused except accused - Case of accused cannot be distinguished from other co-accused - Moreover, accused was not driving the vehicle and he was merely a passenger - No evidence on record as..........
Specific Relief Act, 1963, Section 38 -- Injunction - Cannot be issued in favour of trespasser, who gained unlawful possession as against true owner...........
Possession -- Person who is in settled possession cannot be dispossessed even by true owner without due process of law...........
Adverse possession -- Plea by defendant - Burden is upon defendant to prove as to at what point of time his possession became hostile to the plaintiff and at what point of time it matured into title by way of adverse possession after lapse of 12 years - In the instant case it can be safely concluded that defendants have failed to prove hostile animus, if any, towards..........
Adverse possession -- Suit for permanent prohibitory injunction - Defendant contended that he is in possession of suit land for more than 45 years - However, defendant not able to prove that from which date he came in possession over suit land and what was the nature of his possession - Even otherwise, if it is assumed that defendant is in possession of suit property from..........
Adverse possession -- Plea of adverse possession is only available to defendant if he admits the ownership of true owner over suit property to the knowledge of true owner - If defendant does not admit plaintiff's ownership over suit land, issue of adverse possession, cannot be tried successfully at the instance of defendant against plaintiff - Moreover, defendant having..........
Easement Act, 1882, Section 60(b) -- Licence - Benefit of provision of S.60(b) of the Act - Suit for perpetual injunction - Licence granted by defendant to plaintiff with specific objectives like construction of community hall etc. - It cannot be said that plaintiff has discretion in establishing the objectives contained in licence - Since plaintiff failed to comply with..........
Adverse possession -- Absence of plea in written statement - There is no question of defendant having perfected his title by way of adverse possession to the knowledge and hostile to the true owner...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 4(a) -- Shamlat deh - Land situated within abadi deh or gorah deh of village and is not proved to be under ownership of any private individual would fall in ambit of Shamlat Deh and shall vest in Gram Panchayat who is true owner and no injunction can be granted against true owner - Even if, some proceeding were..........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami property - Purchased in the name of wife - Suit for declaration and permanent injunction - Husband secured a Bank loan for purchase of suit property and property still mortgaged to Bank - Suit property became family home as long as parties are married - Wife left the suit property and never returned -..........
