Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to explain mode of adverse possession - On plea of adverse possession, already taken, an issue was also framed - Allowing amendment will not affect the right of plaintiff - Amendment allowed...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife admittedly taking care of not only her two biological daughters but also younger daughter of husband from his previous marriage - Husband concealed his income and expenditure for purposes of avoiding to pay any maintenance to daughters - Prima facie evidence on record shows that..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Report of Local Commissioner as to raising some construction by defendant - Plaintiff did not enter witness box - However, his brother who is co-sharer in the suit land entered the witness box claimed to be in possession of suit land but did not depose about defendant having raised the construction over the..........
Civil Procedure Code, 1908, Section 47(1) -- Revision - Maintainability - Parties are in litigation since long time and has not ended - Respondent is in possession of suit property - Necessary ingredients which constitute adverse possession, are completely missing in the plaint - Thus, plea in revision petition is a pure question of law and can be raised at any stage of..........
Limitation Act, 1963, Section 3, 28, Article 144 -- Limitation - As per S.28 and Art.144 of Limitation suit for declaration of title based on the plea of adverse possession is not maintainable after the expiry of the period of 12 years u/s.3 of the Act - Suit barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of adverse possession - Cause of action - Bar of suit by principle of res judicata - Suit filed by the respondents which is pending adjudication before the Sub Judge which is a suit for declaration of title on the basis of adverse possession - Thus, suit is barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea of adverse possession can only be set up as a defence in an action brought against defendant by plaintiff - Pleas are in factual matrix - Possession of respondents for twelve years due to failure of petitioner to file execution petition in itself does not amount to adverse..........
Adverse possession -- Orphan - Since his childhood permitted to live in the suit premises - Does not acquire any ownership right irrespective of his long possession...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Property - Entitlement - Appellant/ Defendant no.1 sought declaration to the effect that he had become owner in possession of the suit property by way of adverse possession - Thus, Defendant No.1 himself admitted that he was not the owner of the suit property...........
Indian Penal Code, 1860, Section 166, 167, 201, 202, 203, 204, Bombay Police Act, 1951, Section 25 -- Offence u/ss 166, 167, 201 to 204 IPC and S.25 of 1951 Act - Complaint filed on the basis of adverse observations made by Additional Sessions Judge in murder case against respondent who investigated the case - Accused in said case filed criminal appeal in High Court..........
