Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42 -- Contraband - Recovery from house - Plea that house was not exclusively occupied by accused - No other member of the family was examined to prove as to how many other persons were in possession of the house - No documentary evidence such as Voter card, ration card or bill of electric meter which were..........
Hindu Law -- Ancestral or self acquired property - An estate which was impartible by customs could not be said to be separate or exclusive property of holder of estate if holder had got estate as an ancestral estate and had succeeded to it by primogeniture - There has to be established clear intention on the part of junior members of family to renounce or surrender their..........
Hindu Law -- Joint family property - Alienation by karta - Karta or Manager can alienate joint family properties in four situations namely (a) for legal necessity; (b) for discharge of antecedent debts; (c) for benefit of estate; (d) or with consent of all co-parceners of family...........
Hindu Law -- Joint family property - Alienation by karta - Challenge to - Burden of proof - Held, when such alienation is challenged as being unjustified or illegal, it would be for alienee to prove that there was legal necessity in fact, and that he made proper and bona fide enquiry as to existence of such necessity - If such alienation is found to be unjustified, then..........
Hindu Law -- Joint family property - Alienation by karta - Challenge to - Absence of any proof regarding existence of antecedent debts or legal necessity - Held, alienations in questions made by respondent No.7 in respect of suit properties, which were coparcenary properties, having undivided shares of appellants as co-parceners, could not be held as valid alienations and..........
Hindu Law -- Joint family property - Alienation by karta - Permanent injunction - Held, though co-parceners have right to challenge alienations made by Karta, they have no right to obstruct alienations - Therefore, Courts cannot grant relief of permanent injunction by restraining Karta from alienating coparcenary properties - Hence prayer of permanent injunction prayed..........
Civil Procedure Code, 1908, Section 47 -- Execution - Joint and several decree - Decree holder has a right to proceed against any or all the judgments debtors - All the J.D's are to be arrayed as parties - Filing of Execution petition against one of the J.D. is unsustainable...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Bar U.O.22.R.9 CPC - Held, unless there is previous partition, plaintiff in a previous suit, which has abated due to no, substitution of defendant or defendants, can himself also bring a subsequent suit for partition - So long as there has been no division of joint property by actual delivery of allotments of..........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Challenge to - Feeble challenge against legality of land acquisition proceedings raised through pleadings only and not made subject-matter of reliefs sought for in plaint - Gift deed of acquired land executed in favour of plaintiff - Donor and plaintiff donee waged joint battle against land acquisition..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 5(2), , Section 25(a), , Section 482 - - Complaint - Quashing of proceedings - Complaint filed by Joint Director of Health Services only in that capacity not as chairperson of appropriate authority authorized by Government u/s.17(2) and same is not filed by way of complaint..........
