Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and injunction - Appellant purchased land comprised in a particular survey number - Respondent purchased land comprised in another survey number adjoining appellants land - Allegation that respondent encroached into appellant's land - Appellant in possession of land more than measurement stated in survey..........
Arbitration -- Third party who was not party to arbitration directed to deliver possession of land - Third party contending that it was in possession of part of land over which vendor had no right - Dismissal of application on ground of delay and latches - Untenable - Direction in award adversely and seriously affected valuable rights of such party - Appellant (Third..........
Evidence Act, 1872, Section 32, 33 -- Suit for ejectment and possession - Question whether plaintiff was legally wedded wife of Chaudhary Suraj Prasad and whether the tenants or persons in occupation were tenants of sister or other collaterals of deceased Chaudhary Suraj Prasad or of his widow - Plaintiff producing statements and judgments of earlier mutation proceedings,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Possession - Cannot be established on the basis of Criminal Case registered against him...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Possession - Ration card, identity card and directory showing the addresses of the plaintiff - All are unilateral documents - Held, these are not conclusive proof of possession of the plaintiff...........
Land Acquisition Act, 1894, Section 46, 17, 11A -- Acquisition - If proceedings do not proceed after issuance of notifications u/ss 4 & 5 to reach the stage of Ss.17 and 11-A of the Act within the prescribed period, the acquiring authorities cannot retain the possession of the land and has to restore the same to the owners - However, if the proceedings have been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration based on title - By amendment alternate plea based on adverse possession sought to be incorporated in the plaint - Amendment allowed...........
Indian Penal Code, 1860, Section 380, 457 -- Witnesses to recovery turning hostile - Recovery of tape recorder from open place - Difficult to connect accused with possession of tape-recorder - Acquittal upheld...........
Plot allotment -- Deficiency in service - Interest - Possession of Plot not delivered even after more than a decade of allotment - Direction of the District Forum for allotment and giving possession of an alternative plot upheld - Rate of interest on the deposited amount reduced from 15% to 12%...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Filing of civil suit by wife - If wife is in possession of a portion of the property owned by the members of the family of her husband then she cannot be thrown out forcibly therefrom as her rights are protected under the law - If wife wants to live in the matrimonial home it is none of the business of the appellant..........
