Agreement to sell -- Specific performance - Relief of possession - Relief of possession is ancillary to the decree for specific performance and need not be specifically claimed - Even if prayer for possession is not specifically made, still said relief is implicit and Court has jurisdiction to deliver possession even without praying for possession - S.22(2) of Specific..........
Specific Relief Act, 1963, Section 22(2) -- Provision of S.22(2) of Specific Relief Act is directory - Even if prayer for possession is not specifically made, still said relief is implicit and Court has jurisdiction to deliver possession even without praying for possession...........
Arms Act, 1959, Section 25 -- Recovery of single live cartridge - Presence of single live cartridge alone recovered from baggage of petitioner without a corresponding fire-arm indicates that there was no conscious possession of a fire-arm by petitioner - Offence u/s 25 of the Act not made out...........
Limitation Act, 1963, Article 97, Hindu Succession Act, 1956, Section 22 -- Limitation - Preferential right of heir to acquire property - Suit for declaration and possession - Sale deed being challenged by plaintiff executed in favour of defendant no.1 - Limitation is to be taken as one year from date of execution of registered sale deed - Suit filed after one year from..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 8(c), 20(b), 20(a)(i), 20(b)(ii), 37 -- Bail - Six plants weighting 5.050 Kg found in possession of accused - Even if presumed all parts of plants to be Ganja the same is less than commercial quantity and higher than small quantity - S.37 of NDPS Act not..........
Adverse possession -- Defendants neither pleaded any adverse possession nor adduced any evidence in this regard - It is for the first time in second appeal such a plea of adverse possession was taken - Same cannot be entertained in second appeal particularly in absence of pleadings or evidence...........
Essential Commodities Act, 1955, Section 7 -- Unauthorized possession of gas cylinders - Search and seizure - Sub-Inspector of Police is not authorised as per Government order to take action - Proceedings initiated by sub-inspector totally unauthorized - Conviction and sentence set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs are in possession of suit property as per various documents placed on record - Prima facie case and balance of convenience are in favour of plaintiff - Plaintiff will suffer irreparable loss and injury in case denial of such relief - Defence by defendants that plaintiff along with her..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Quantity of contraband - Sample weighing 39 grams of charas examined by FSL was not the representative sample of entire bulk - Accused therefore, cannot be held to be have been found in illegal conscious possession of charas - He can be held to be in possession of 39 grms of charas or..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Possession of land was taken after award was announced - There was dispute about title of property - No compensation paid to predecessor of interest of petitioner - Land acquired was more than two decades..........
