Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of adverse possession - If the plaintiffs are found to be in adverse possession, they cannot seek a declaration to title on the ground that such adverse possession has matured into ownership...........
Special Marriage Act, 1954, Section 24, 4 -- Annulment of marriage - Limitation - No period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being nullity/void marriage u/s 24 of the Act - Once marriage is void, same is a nullity and at any time same can be declared as nullity being a void marriage...........
Specific Relief Act, 1963, Section 34, 38 -- Declaratory relief - Suit for declaration and permanent injunction - Sale of suit property to different plaintiffs/vendees - Family partition between vendor and his brother/defendant and family partition was accepted by defendant and he remained in separate possession - Neither defendant questioned validity nor genuineness of..........
Specific Relief Act, 1963, Section 39 -- Suit for declaration of title and mandatory injunction - Encroachment - Plaintiff did not produce any documents in respect to his title - However, admission made by defendants will prove existence of suit land - Construction made by defendants are all temporary in nature - Report of Advocate Commissioner proved that defendants are..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Where other legal heirs have not questioned plaintiff's inheritance to suit property and defendants, who are only tenants in suit property cannot raise such a plea against plaintiff, particularly when defendants admitted that suit property originally belonged to plaintiff's father - Both the Courts..........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement given by deceased to his son and the complaint given by him to police - It can be treated as dying declaration...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Son of deceased informed police/PW1 about the attack upon his father - Compliant was given by deceased to Sub-Inspector of Police in which names and overt acts of attacker clearly set out - Motive of occurrence also narrated - Immediately thereafter, deceased told..........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Date of entry into suit land not mentioned by plaintiff - Concurrent findings on record that plaintiff has not perfected title by way of adverse possession - No perversity in said findings - Otherwise also, if plaintiff is found to be in adverse possession, he cannot seek a declaration to the effect that..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder case - Allegations against i, laws of deceased - Deceased in her dying declaration only mentioned the name of her sister-in-law, she has not mentioned the names of others - Neither complaint nor evidence of witnesses indicates as to role played by appellants in commission of offence and..........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration and possession - Without seeking prayer for setting aside sale deeds in question not maintainable, where sale deeds in question were executed by father on himself or on behalf of his minor son without obtaining permission of Court, as alienation is voidable at the instance of minor or on his behalf were..........
