Possession -- Revenue entries - Possession of suit land as Gair Marusi i.e. tenant at will - However, rate of rent and date of inception of tenancy not disclosed - No evidence produced to show of paying any rent - Entry of Gair Marusi in revenue record in favour of father does not in any manner clothes plaintiff with any legal right to be in possession...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Eviction of tenant - For converting premises into parking space - Right of re-entry of tenant - Landlord/landlady if does not convert premises in question into parking and continues to use it as it is being used at present - Tenant would have right to re-entry...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Eviction of tenant - For converting premises into parking space - Right of re-entry of tenant - After addition/alteration of building premises is not converted into parking and is kept or used for letting out residence or no, residence/commercial - Tenant will have right to re-entry...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 60 kg ganja - Independent witnesses turned hostile - Case is based only on evidence of I.O and other police witnesses - Material contradictions in statements of police witnesses and I.O - Dates are also wrongly mentioned in some of relevant documents - In the Malkhana register also..........
Evidence Act, 1872, Section 3 -- Inconsistency between evidence of eye witnesses and medical evidence - As per eye witnesses four fire arms shots hit the deceased on head - As per doctor there were only two entry wounds - Court has to go by the statement of doctor as prosecution did not pray that doctor be declared a hostile witness - Evidence of doctor belies evidence of..........
Representation of the Peoples Act, 1951, Section 33A, 125A, Conduct of Election Rules, 1961, Rule 4A -- Election - Form 26A - Offences punishable with imprisonment for two years or more - Entry 5(i) - Mandates disclosure of information by contesting candidate regarding cases that is/are pending against candidate in which charges have been framed by Court...........
Representation of the Peoples Act, 1951, Section 33A, 125A, Conduct of Election Rules, 1961, Rule 4A -- Election - Form 26A - Offences punishable with imprisonment for two years or more - Entry 5(ii) - Candidate is required to provide information of cases pending in which cognizance has been taken - This is in addition to information candidate is required to provide..........
Customs Valuation (Determination of Price of Imported Goods) Rules, 1988, Rule 3, 9 -- Determination of value of imported goods - Suppression of value of embedded software - Out of 19 items indicated in Bill of Entry, only 8 item were physically present while rest were already embedded in main unit - Software that was embedded through cards in main unit was not any post..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Public property - Possession of public property by any individual or group of individuals is no possession in the eyes of law and such group of persons cannot claim any right over such public property - Entry of plaintiff in suit property is by way of illegal means - Plaintiff would be treated to be a rank..........
Customs Act, 1962, Section 27 -- Claim of Refund of Duty - Cannot be invoked in absence of amendment or modification having been made in bill of entry on basis of which self-assessment has been made - Order of self assessment is required to be followed unless modified before claim for refund is entertained...........
