Licence and tenancy -- Distinction - Test of exclusive possession is not conclusive - Respondent employed as a care taker for the purposes of safety of the disputed property - A service occupation is a particular kind of licence - It gives only a personal privilege or licence...........
Hindu Succession Act, 1956, Section 14 -- Owner of land died in 1950 - Mutation sanctioned in favour of widow - Widow got the lands mutated in names of appellants in 1954 - Widow claiming to be absolute owner of suit property after coming into force of the Act - She executed four separate gift deeds in favour of appellants - Reversioners challenged the same - Held, widow..........
Insecticides Act, 1968, Section 24 - - Retesting - The distributor/manufacturer has no independent right to request the Court for sending the second sample for reanalysis. They can only challenge the first report which has gone against the person from whom the sample was taken into possession...........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Plot - Delay of 10 years in handing over possession of plot - Claim of interest on amount deposited and possession of plot - Held that complainant shall be entitled to the interest on the amount deposited by him w.e.f. 01.05.1990 i.e. after the expiry of the reasonable period of three years @ 18% - Direction issued for..........
Consumer Protection Act, 1986, Section 2, 14 -- Plot - Possession - Delay of 10 years in delivery - Jhuggies existed on the plots - Duty of HUDA to have the Jhuggies dwellers removed and vacant physical possession delivered to the allottees when they have charged the price of the plots, interest thereon and extension fee etc. - Orders passed by the learned District Forum..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Deficiency in service - Plot - Delay in offering possession - Interest - Direction issued by the learned District Forum to pay interest @ 15% on the amount deposited by the complainant and to immediately deliver the possession of the plot - Orders of District Forum modified to the extent that rate of interest payable to..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Plot - Possession offered to the complainant without completing the development in the area - Compensation of Rs.500/- awarded by the learned District Forum enhanced to Rs.5,000/- for the harassment suffered by him due to deficiency in service on the part of HUDA...........
Limitation Act, 1963, Article 65 -- Adverse possession - Title ordinarily carries with it the presumption of possession and when question arises as to who was in possession, the presumption is that the true owner was in such possession - In other words, possession follows title - So one who sets title by adverse possession heavy onus lies upon him to prove the same...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and separate possession - Amendment sought to include certain items of joint family lands inadvertently not included earlier - Trial Court rejected application - Not proper - Amendment allowed...........
Will -- Suspicious circumstances - Exclusion of the branch of one of the sons' family - It is a suspicious circumstance of great magnitude which has to be explained by propounder by independent evidence apart from the recitals in the Will - Onus is on propounder to explain suspicious circumstances - Court must be satisfied as to genuineness of disposition and that..........
