Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction petition on ground of non payment of rent - Suit resisted on ground that plaintiff was benamidar and suit not maintainable - Finding that plaintiff is the owner - Suit dismissed on defendant depositing arrears of rent - Subsequent suit for eviction on ground of bona fide requirement for own use - Defendant..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Fraud - Pleading & proof - Suit for possession on basis of sale deed - Defendant's plea that property was infact mortgaged and plaintiff, a lawyer played fraud upon illiterate owner of property - Details of fraud played by plaintiff stated in written statement - Concurrent finding of lower Courts that in fact owner of property..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- 'Owner' - Vehicle taken on hire purchase - Owner is registered owner of a vehicle in whose name vehicle stands registered under Motor Vehicles Act and not the legal owner to whom balance hire-purchase money is due - Hence absence of the latter's knowledge as to use of the vehicle for carrying narcotics..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Expression `owner' in case of vehicle purchased on hire purchase agreement - Held, it means person in whose name vehicle stands registered under provisions of Motor Vehicles Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Contraband - Confiscation of truck used for carrying narcotic drugs - Held, merely because appellant (owner) had no knowledge of fact that it was used for carrying any narcotic substances order of confiscation of truck is bad...........
Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983, Rule 4(ii), 2(d) -- Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975, Rules 7(ii) and 2(a) - Preferential allotment of plot to "local displaced person" whose property acquired for the Scheme under Punjab Town Improvement Act - Under both sets of Rules person has to..........
Mohammadan Law/Mohammedan Law -- Inheritance - Death of plaintiff's brother during life time of his father - Defendants sons of deceased brother of plaintiff - Defendants were brought into house in dispute by plaintiff's mother - Plaintiffs became owner of property - Permissive occupation of defendants could not in law convert not giving defendants any legal right to..........
Pepsu Tenancy Agricultural Lands Act, 1955, Section 22, 7, 7A -- Grant of Proprietary rights to tenants - Original owner sold lands to appellants - At relevant time original owner held more than 30 standard acres of land - Original land owner did not avail right of reservation under Ss.7 & 7-A within time limit - Sitting tenants could not be evicted - Tenants entitled to..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Plaintiff claiming to be in possession of property - Defendant's also claiming to be in possession - Owner's supporting case of plaintiff - Commissioner's report saying that plaintiff in physical possession - Trial Court granted temporary injunction - Held, status quo on spot to be maintained pending..........
Hindu Succession Act, 1956, Section 14 -- Widow having life interest - Sale prior to coming into force of Hindu Succession Act - Sale assailed by reversioners - Sale declared void - Pending appeal Hindu Succession Act came into force - Appeal dismissed - Widow died in 1957 - Suit for possession by reversioners in 1959 - Alienees' plea that on coming into force of Act widow..........
