Civil Procedure Code, 1908, Section 11 -- Res judicata - Decision in money suit - Shall not operate res judicata in title suit...........
Co-sharers -- Non participation in the rent and profits of the land by a co-sharer does not amount to ouster so as to give title by prescription...........
Co-sharers -- Long and continuous possession does not constitution adverse possession - Even non participation in the rent and profits of the land to a co-sharer does not amount to ouster so as to give title by adverse prescription - A co-sharer becomes a constructive trustee of other co-sharer and the right of appellant and/or his predecessors in interest would be deemed..........
Possession -- Suit for - Plaintiff has to prove his title and it is not necessary to prove that he was in possession within 12 years preceding the filing of the suit - Defendant if wants to defeat the plaintiff's claim has to establish his title by adverse possession...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Question of proving title over suit land - Plaintiff has to succeed in the matter of ownership on the basis of his title and irrespective of the fact that his adversary is owner or not - Once plaintiff has failed to prove himself as owner - Suit has to be dismissed - Plaintiffs never recorded to be..........
Criminal Procedure Code, 1973, Section 452, Indian Penal Code, 1860, Section 405, 406 -- Revolver deposited with arms dealer who unauthorisedly sold the same to third party - Proceedings for criminal breach of trust instituted - Seizure of revolver from third party - Death of arms dealer during pendency of trial and consequent abatement of criminal proceedings - Held, on..........
Civil Procedure Code, 1908, Section 92, 11 -- Representative suit - Binds not only the parties named in the suit title but all those who share common interest and are interested in the trust - Explanation VI to S.11 constructively bars by res judicata the entire body of interested persons from re-agitating the matters directly and substantially in issue in an earlier suit..........
Sikh Gurdwaras Act, 1925, Section 7(1), 8, 9, 10, 14, 16(2), 18(1)(g), Civil Procedure Code, 1908, Section 92, 11 -- Petition that institution is a Sikh Gurdwara - In an earlier civil suit u/s 92 CPC it was held that Nirmalas are not Sikhs and that Dera was maintained for an entirely distinct sect known as Nirmalas Sadhus who cannot be regarded as Sikhs and that mere fact..........
Himachal Pradesh Ceiling on Land Holdings Rules, 1973, Section 17 -- Applicable only if any person after 24.1.1971 acquires any land by inheritance or bequest or gift from a person to whom he is an heir - Plea that every addition or reduction in number of members of a family requires redetermination of ceiling area of such a family - Not tenable as it would mean almost..........
Himachal Pradesh Ceiling on Land Holdings Rules, 1973, Section 17, 3, 4, 6, 8 -- Surplus area of landowner and his son has to be seen on the appointed day (24.1.1971) - Death of son issueless after appointed day - Title and. ownership of unit of son never stood vested in him and the extent of land of the unit of son has not devolved upon landowner on the death of his son..........
