Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor plaintiffs filed any application for..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Compensation amount should be deposited in treasury as per standing orders only when (i) landowner does not receive the same when award is passed; or (ii) when land owner does not turn up despite notice for receipt of amount;..........
Indian Penal Code, 1860, Section 302, 376, 404, 201 -- Murder - Rape - Circumstantial evidence - Accused used to hire auto rickshaw for earning his livelihood and there is a specific timing of the same for returning the same to the actual owner daily - But on the relevant date when crime was committed, said auto rickshaw was not returned - No explanation was given by..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Except for special reasons to be recorded for not doing so, till disposal of trial, Court must exercise its discretion expeditiously and judicially in releasing the custody of vehicle in favour of its registered owner after verifying the papers of ownership, insurance, tax and fitness etc, and may..........
Motor Vehicles Act, 1988, Section 149, 166 -- Negligence - Driver of offending vehicle not having valid licence - It would be highly unjust to burden claimants with extended litigation to obtain compensation due to them from driver and owner of offending vehicle - Insurance Company to pay amount with right to recover the same from driver and owner of offending vehicle...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder of husband by wife - Recovery of vehicle used in carrying dead body of deceased - Witnesses who are alleged to have seen the vehicle used in carrying dead body of deceased not examined - Vehicle in question was recovered from its owner with no blood stains - It was not in possession of accused - Use of vehicle in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 4(a) -- Shamlat deh - Land situated within abadi deh or gorah deh of village and is not proved to be under ownership of any private individual would fall in ambit of Shamlat Deh and shall vest in Gram Panchayat who is true owner and no injunction can be granted against true owner - Even if, some proceeding were..........
Mohammedan Law -- Inheritance - Joint possession - Suit for declaration - Plaintiff being daughter of deceased entitled to equal share as compared to her brothers, as per Hanafi Succession - No evidence produced by defendants brothers of plaintiff, that they are in possession of property in a clear ouster of plaintiff by denying her title - Plaintiff not required to seek..........
Suits Valuation Act, 1887 -- Property is under ownership of Gurdwara as it has been proved through registered Gift Deed - Defendants being illegal occupant of land which belong to Gurdwara Sahib cannot be permitted to raise issue/objection regarding locus standi - Once Gurdwara Sahib has been held to be owner, consequently relief of possession and restraint order is..........
Motor Vehicles Act, 1988, Section 149(2), 166 -- Permit - Mere s ubmission of application for issuance of permit cannot make owner of transport vehicle entitled to ply vehicle - Permit was issued after eight days of accident - No fault can be found in findings of Tribunal giving recovery rights to Insurance Company against insured...........
