Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Courts below found that plaintiffs failed to prove that suit land was given by original owner to their grandfather - Defendants on the other hand produced revenue documents in which defendant no.2 recorded as owner of suit property - Since plaintiffs were not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Defendants failed to prove that disputed rooms/shops were constructed by their father with the consent of plaintiff - No right was given to father of defendants to construct rooms over properties owned by plaintiffs - Therefore, in view of S.8 of T.P.Act, disputed..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu widow - Hindu widow was found to be in exclusive settled legal possession of HUF property prior to and after the commencement of the Act as such the only conclusion which can be drawn is that she acquired property in lieu of her pre-existing right to maintenance from estate of HUF of her husband - She had held..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage of both the parties and both of them have one child each from their earlier marriage - Nothing on record that wife has left matrimonial home with her own will and has any independent source of income - Husband had solemnized the marriage with wife with open eyes - Husband is owner in..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining State to interfere with possession of plaintiffs - Suit land was never acquired nor was compensation paid - Possession of suit land was also not taken over by State - Land in question never vested in State - Predecessor of plaintiffs was owner of suit land - Relief of permanent injunction rightly..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicant claims his possession over property as its owner on basis of sale deed executed in his favour by defendant no.1 - Adjudication of dispute/controversy between plaintiffs and defendants qua right, title or interest in this property would directly affect rights..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction - Defendant claimed himself to be owner and in possession of suit property - It was incumbent upon plaintiff to amend plaint and convert suit into a suit for declaration and injunction, which was not done - For want of declaratory relief, suit for bare injunction is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing and alienating suit property - Prima facie plaintiff is not sole owner of suit property and his possession of suit property is not prima facie established - Plaintiff is not entitled to relief of temporary injunction - Order allowing application for temporary..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Vehicle involved in NDPS case - Registered owner of vehicle has been implicated but, Court feels that an indefinite seizure of vehicle will not serve any purpose - So far as request of Public prosecutor to furnish a bank guarantee, since small quantity of 13 gms of smack was found that too in possession of..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Against true owner - An injunction cannot be issued against a true owner or title holder and in favour of a trespasser or a person in unlawful possession...........
