Partition suit -- Co-owners - Merely because one co-owner may have spent some money in raising construction on some part of jointly owned property would not debar other co-owners from seeking their separate shares...........
Indian Penal Code, 1860, Section 447, 457, 341 -- Offence u/ss 447, 457, 341 IPC - Quashing of proceedings - Entire case is based upon allegation that petitioners have trespassed into his share of house in question - Co-sharers in a disputed property cannot be said to have committed theft or criminal trespass - Petitioners cannot be held liable for any of offences..........
Adverse possession -- Mutation of revenue records, payment of Kist, custody of original title Deed, mere long possession and enjoyment for more than statutory period, are alone not sufficient to constitute adverse possession, unless denial of title is brought to knowledge of title holder - Limitation clock begins to tick only when denial of title is conveyed to real owner..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Plaintiff never lead evidence in support of claim raised in plaint and rather withdrew suit for possession - Specific issue was framed as to whether plaintiff is owner in possession of suit property as alleged - Said issue was not pressed during course of arguments and was decided in favour of defendants who had..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Appellant is the owner of vehicle in question - Vehicles in police custody are stored in the open and consequently if the vehicle is allowed to be kept in the custody of police till the trial is over, it will serve no purpose - Vehicle in question allowed to be..........
Property -- Inherited property - A property obtained through inheritance, whether by way of a Will or upon the demise of property owner, is classified as inherited property - Inheritor holds exclusive ownership over the said property, and is entitled to freely transfer, sell, or dispose of it at their discretion - There are no claims based on birth right, with ownership..........
Ancestral property -- Suit property cannot be held to be an ancestral property, as the same was received by erstwhile owner by way of a family settlement, wherein, two brothers divided two equally measuring plots between themselves - Hence, property could not have been said to be delved on the father by virtue of him being a coparcener in that property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once plaintiff is not owner of entire suit property mentioned in amended plaint, whether suit at his behest for said land is itself was maintainable or not would be a debatable question - Appeal is already pending against order rejecting ad interim injunction - Status quo order passed till appeal is..........
Will -- Suspicious circumstance - Will has admittedly been scribed by plaintiff/propounder of Will - Plaintiff was well aware that entire property had been given to her by Testator, yet she filed a suit for declaration that she had become co-owner on the basis of a family settlement - Filing of the suit itself raises a suspicion in the mind of Court regarding validity of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Shifting of liability to pay compensation from Insurance Company onto owner of vehicle - Owner of vehicle is financially incapable of paying compensation - High Court has not provided any reasoning while shifting liability to pay compensation from insurance company onto owner of vehicle - It is highly..........
