Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c) -- Recovery of 3.500 kgs charas - Non-association of independent witness - Recovery effected from the conscious and exclusive possession of accused - Proceedings commenced at the isolated place and at the time of search and seizure neither any vehicle crossed nor any independent witness was available -..........
Adverse possession -- Suit by plaintiff for declaration of title on the basis of adverse possession is not maintainable - Plea of adverse possession is available only to defendant by virtue of Art.65 of Limitation Act...........
Adverse possession -- Adverse possessor has no title or ownership in property - In fact, whole concept of adverse possession is in denial of title - It does not contemplate acquisition of title by prescription - He has right to remain in possession of property, if his possession is adverse of true owner, who is not entitled to take possession of property after the..........
Adverse possession -- Where plaintiff and defendant had inherited properties in question from common ancestor, alternative plea of adverse possession by defendant was inconsequential...........
Adverse possession -- Claim of defendant that he was in possession of suit property for the last 35 years, not proved, as there is no document on record to prove the same - Plaintiff on the other hand stated that property fell to his share - Defendant did not make any cross-examination of plaintiff on this aspect - Witnesses proved on record that property belongs to..........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Trial Court not satisfied regarding status of possession of parties - Civil suits filed by both the parties pending - Both the rival parties are desperate to take possession of land by any means as land is worth crores of rupees and this fact is enough to conclude that there is all possibility of breach of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Prima facie case - Plaintiff heavily relied on the khatauni to show that he is Bhoomidhar, therefore, enjoys proprietary rights - Revenue records are meant for collection of revenue - They are not evidence of title in themselves - Plaintiff failed to show that how he came into possession of property in..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same parties nor regarding same..........
Mohammedan Law -- Oral gift - Validity - No evidence as to when oral gift was made or when alleged delivery of possession was made - One of the essentials of oral gift i.e delivery of possession is lacking - Concept of symbolic delivery of possession, not applicable to the facts of case as donor and donee are not residing together, in the property, which is the subject..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will - Assertions of both the parties..........
