Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Suit for declaration regarding ownership - Plaintiff's claim that she is owner of suit property and defendants are rank trespassers - No document of title in favour of defendant - Defendant alleged secured power of attorney - Are also in possession of certain signed documents of predecessor in..........
Civil Procedure Code, 1908, Order 1, Rule 9, Transfer of Property Act, 1882, Section 52 -- Transferees of property - Right of - Necessary or proper parties - Transferees obtaining possession during pendency of suit - Are neither necessary nor proper parties - Alienation is hit by doctrine of lis pendency...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 21 -- Contraband - Recovery from open space - Open space not in exclusive possession of accused and the same accessible to all - It is not conscious possession - Conviction set aside...........
Evidence Act, 1872, Section 116, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Tenant or a person claiming through such tenant cannot deny title of landlord - A tenant cannot be permitted to change the nature of his possession - Person entering as a lessee of the Panchayat by way of a resolution, paying rent as per entries in the revenue record and..........
Agreement to sell -- Suit for specific performance - Subsequent vendee - Plaintiff ready and willing to perform his part of the contract - In a collusive suit by way of compromise decree subsequent vendee obtained sale deed in his favour - Agreement of sale in favour of plaintiff was prior in time - Plaintiff had inserted advertisement in newspaper that he is the purchaser..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction restraining Financial Corporation from taking possession - Default in payment of instalments of balance sale consideration - Possession taken back by Financial Corporation - Plaintiff has thus no prima facie case - Plaintiff claiming possession on basis of unregistered agreement and simultaneously want to take..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Decree of prohibitory injunction - Dispossession in violation thereof - Executing Court by invoking S.151 CPC can order delivery of possession to the decree holder...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery from house - Plea that house is also occupied by wife and children and that accused is not in exclusive possession of place - Plea carries no weight as accused is head of family and accused has neither examined wife nor children in defence, in support of his plea...........
Specific Relief Act, 1963, Section 38 -- Possession taken in an eviction order passed by Revenue Authority under Tenancy Act - Order reversed in appeal and restitution of possession ordered - Suit for injunction restraining defendant from interfering in possession filed by contending that Revenue Authority had no jurisdiction to order restitution - Plaintiff himself..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Truck - Interim custody - Truck seized while transporting poppy straw - Offence u/s 8/15 NDPS registered against persons in possession of poppy straw - Even in absence of title the seized vehicle can be released in favour of the person, from whose possession it..........
