Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration and cancellation of sale deeds, GPA and Will alleged to be got executed by misrepresentation and fraud - Limitation is three years as prescribed under Art.59 of the Act - Plaintiffs claiming through their father - Since father did not seek declaration by filing suit within three years as such plaintiff..........
Service -- Recruitment - Precedent - Process adopted for evaluation of answer sheets in Sanjay Singh's Case is not binding in present case as said case has not laid down any binding principle of law and directions or even guidelines with regard to holding of examinations and evaluation of papers and declaration of results by Commission - Decision of said case is therefore..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Held, suit is not maintainable - Even if plaintiff is found to be in adverse possession, it cannot seek a declaration to the effect that such adverse possession has matured into ownership...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Mutation entries do not conclusively establish title - However, title of plaintiffs stands proved and established by material on record and on account of findings recorded by revenue authority - So far as land acquisition proceedings are concerned, no compensation was received by..........
Evidence Act, 1872, Section 32(5), 32(6) -- Dying declaration - Statement by deceased - Admissibility - Statement relied is admissible when said statement is made ante litem motam by persons who are dead i.e. before the commencement of any controversy actual or legal upon the same point...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff to throw cloud on the..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Suit is not maintainable - Plea of adverse possession cannot be made as weapon of offence, rather said plea is available to party in defence - Moreover, once plea of adverse possession has been set up by plaintiffs, it pre-supposes the ownership of defendants over the suit land - Since..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Onus is upon plaintiff to prove his title - Plaintiff must prove his title independently, and a decree in his favour cannot be awarded for the only reason that defendant has not been able to prove his title...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 16(1)(b) -- Release of building - Non-delivery of physical possession as it was in occupation of several tenants - Declaration of vacancy upon perusal of report of Rent Control Inspector and after inviting objections of concerned parties - Failure of Respondents to show that under..........
Evidence Act, 1872, Section 32 -- Dying declaration - If the dying declaration is trustworthy and reliable then it cannot be disbelieved merely on the ground that there was no shadow of immediate death - But when it is expected that at any moment the shadow of immediate death was there then in these circumstances it is expected from injured to speak truth...........
