Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Widowed daughter-in-law is not entitled to claim right of residence for two reasons i.e. it is upon her own volition that she stopped residing at suit property for past 13 years and secondly, right of residence provided under S.17(1) of the Act, stood curtailed as..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that plaintiffs are owners in possession of 50% share of property and sale deed is null and void - Plaintiffs are neither executant of documents in question nor they are seeking possession of suit property, as they are already in joint possession - Therefore, there would be no requirement to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance of S.50 NDPS - An illicit article seized from the accused during a search, which violates the mandate of S.50 NDPS cannot be used as admissible evidence of unlawful possession under the NDPS Act - However other material recovered during such a recovery may be used as relevant..........
Mutation -- Writ petition against order passed in mutation proceedings - Orders of mutation are passed on basis of possession and since no substantive rights of parties are decided, ordinarily a writ petition would not be entertainable against such orders unless same are found to be wholly without jurisdiction or have effect of rendering findings which are contrary to..........
Adverse possession -- Person who claims adverse possession must show on what date he came into possession, what was nature of his possession, whether factum of his possession was known to legal claimants and how long his possession continued - He must also show whether his possession was open and undisturbed - These are all questions of fact and unless they are asserted..........
Adverse possession -- Foundation for plea of adverse possession must be laid in pleadings and then an issue must be framed and tried...........
Adverse possession -- Plea of adverse possession is not always a legal plea - Indeed, it is always based on facts which must be asserted and proved...........
Adverse possession -- Unless plea of adverse possession has been specifically raised in pleadings, put in issue and then cogent and convincing evidence is led on a multitude of points and an opportunity to refute the case is made out by plaintiff and availed of by defendant, plea of adverse possession cannot be allowed to be flung as a surprise, on an unsuspecting..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of owner of offending vehicle - Contention that ownership of vehicle is transferred to appellant driver and thus, owner has no liability to pay compensation - However, recitals of agreement to sell in question indicate that there has been no transfer of ownership of vehicle and appellant merely..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 2(g), 4(4) -- Maintenance to senior citizen - Relative - Person who is not a legal heir of senior citizen cannot be a relative under the Act merely because he is in possession of property of senior citizen or would inherit his property - He is thus, not bound to maintain senior citizen...........
