Indian Penal Code, 1860, Section 406, 409 -- Quashing of FIR - Petitioner, an Ex-Sarpanch, allegedly not handed over the entire record to the new Sarpanch - Further allegations of misappropriation - Nothing has been pointed out by the respondent-State to show that as to which record is in the possession of the petitioner - Even in the search conducted in the house of the..........
Specific Relief Act, 1963, Section 27, 31 -- Sale deed - Suit for cancellation - Conduct of plaintiff found blame worthy between the date of presentation of sale deed for registration and date of filing of the suit including the exchange of correspondence - ITC necessary for registration not produced - Did not honour the agreement embodied in the letter dt.12.8.1971 -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 17 gms. of smack at fair ground - Independent witnesses not joined - Recovery from Motor cycle not registered in name of accused - Seizure of motor cycle not sufficient to prove same to be in exclusive possession of accused - Fact that accused was found sitting on motor cycle not sufficient..........
Indian Penal Code, 1860, Section 392, 302, 34 -- Murder and robbery - Murder in car - Deceased hired a car - Three accused found in car - Murder on the way - Accused miserably failing to explain their lawful possession of those articles with them that belonged to and were in possession of deceased - Keeping in view the proximity of time within which the act of murder was..........
Indian Penal Code, 1860, Section 302 -- Conviction - Appeal - All eye witnesses turning hostile - Trial Court relied sole testimony of I.O. with regard to the seizure of knife from the appellant which contained blood stain which tallied with the blood group of the appellant to warrant conviction - Factum of seizure of weapon of offence from the possession of appellant..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- `Present possession of parties shall be respected as far as possible' - Means person in possession should be allowed to retain it by equalization of share - It does not mean that a person out of possession of all immovable properties should not be allowed any part of the immovable property whatsoever...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Shares, bonds and securities - Non availability at the time of partition - Party in possession is liable to give accounts for the rents, income, profits and dividends in respect of the joint family property to others...........
Industrial Disputes Act, 1947, Section 10 -- Termination - Adverse inference - Plea of department that workman not completed 240 days in twelve calender months preceding date of termination - Non production of documentary evidence before Labour Court which was in possession of the State alone - Adverse inference rightly drawn against the Management...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Warrant of possession issued - Stay cannot be granted merely on the ground that a suit has been filed for setting aside the judgment and decree...........
Possession -- Decree for possession granted - Plaintiff cannot be declared to be owner in possession of the suit land...........
