Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Property of father - Son has taken forcible possession of property and has not taken care of father inspite of four operations of father - Father has to live at different places on the mercy of other persons - Eviction order upheld...........
Co-sharers -- Injunction - One co-owner cannot take exclusive possession of property nor commit an act of waste, ouster or illegitimate use and if he does so he may be restrained by an injunction...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Proceedings u/s 145 Cr.P.C are subservient to the adjudication by Civil Court and in a case civil suit is pending, Executive Magistrate should normally not initiate proceedings u/ss 145, 146 Cr.P.C - Inter se rights of parties regarding title or possession should eventually be left to be determined..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Samples taken at the spot were sent to FSL which is against the mandate of law because the same were not taken in the presence of a Magistrate - As per S.52-A NDPS Act, and Standing Order No.1/89, issued by Government, it was imperative upon the police officer to prepare an inventory and..........
Civil Procedure Code, 1908, Order 20, Rule 14 -- Decree in pre-emption suit - Non-deposit of deficit amount - Balance amount to be deposited by appellant was not specified in the decree - Deficiency was only Rs.14 - Appellants had already deposited Rs.9200 including pre-emption amount - Predecessor-in-interest of appellants is in possession of property and mutation has..........
Hindu Law -- Joint property - Living together does not lead to inference that property acquired during that period would necessarily be jointly acquired property - Ancestors were in possession of their own shares - This shows that there was no jointness in holding of their share of property and they all enjoyed their possession independently...........
Agreement to sell -- Registered agreement with possession - Entire stamp duty leviable on sale consideration paid at the time of registration of agreement - Stamp duty was, thus, not leviable on the sale deed executed pursuant to the agreement to sell with possession as no stamp duty can be twice levied on the sale consideration with respect to one transfer...........
Adverse possession -- Mere possession, may be long, without claim of right is not sufficient to establish that it is adverse to true owner - Possession must be hostile, express or implied in denying the title of true owner...........
Adverse possession -- Actual date of possession is neither pleaded nor proved on record which is essential ingredient to plea of adverse possession - Defendants not pleaded that they knew prior to demarcation that land which they are utilizing belonged to plaintiffs - Possession over land therefore, cannot be perfected by virtue of adverse possession - Plea of adverse..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Possession of plaintiff over suit property is not disputed - Necessary consequences of declaring general power of attorney and lease deed executed in favour of plaintiff was restoration of possession - However, defendant failed to seek consequential relief of restoration of possession - Counter claim seeking..........
