Constitution of India, 1950, Article 14 -- Doctrine of legitimate expectation - Creation of invalid mortgage of Nazul land in favour of bank against loan by lessee Company - Bank obtained mortgage decree in case where State was not even party - State is the title holder in case of said Nazul land - In absence of any legal relationship between bank and State - Bank cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(a)(i) -- Cultivation of ganja without any authority or licence - Ownership of field where ganja is cultivated not a pre-requisite or an ingredient to prove the cultivation in as much as a person can cultivate a land belonging to others having no ownership on the land, can commit the crime by planting the..........
Hindu Succession Act, 1956, Section 14(1) -- Property of a female Hindu - Mother of plaintiffs became owner of suit land by way of a decree suffered in her favour by her husband - It cannot be said that suit land was ancestral property - By virtue of S.14(1) of Act, mother of plaintiffs became absolute owner of suit land by way of civil Court decree passed in her favour...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Once it was admitted by plaintiffs that possession of suit land was with subsequent purchasers, their simplicitor suit for declaration and permanent injunction challenging the impugned decree in favour of defendant and subsequent sale deeds in favour of subsequent purchasers..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Suit for injunction - To note down physical features of suit property - Apprehension of defendant that plaintiff in guise of obtaining injunction, might encroach into his land - Held, mere noting down physical features, it is well nigh impossible to someone to say that a particular land is in..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for removal of encroachment - Objections - No valid grievance to obstruct execution of decree - Apprehension that while executing decree possession of petitioners on pattasud land is likely to be disturbed is wholly unfounded - Executing Court committed no illegality and material irregularity in exercise of its..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for removal of encroachment - Objections - Decree passed by trial Court and affirmed upto Apex Court is confined to offending part of encroachment - Petitioner have no valid grievance to obstruct execution of said decree - So far as apprehension of petitioners that while executing decree possession of petitioners..........
Will -- Validity - Appellant contended that land in dispute is ancestral property thus no Will could have been executed qua said land - Contention rejected as most of the land was acquired by testator through decrees of civil Court and other lands inherited through his mother, are treated to be self acquired property of testator - More so, appellant failed to prove that..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Dispute regarding ownership of agricultural land - Civil Court has no jurisdiction where disputed property is agricultural land and only Revenue Court has jurisdiction to decide title and ownership - When dispute relating to agricultural land comes under consolidation proceedings then jurisdiction of..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Possession in pursuance of oral agreement to sell - Injunction sought restraining defendant from eviction plaintiff otherwise than in due course of law and not to transfer the disputed land and interfere in the peaceful possession - Such unregistered agreement does not create any right of plaintiff -..........
