Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Evidence Act, 1872, Section 17, 58 -- Proviso - Oral admission - Joint property - Oral admission as to possession of plaintiff over suit property is not sufficient evidence to infer partition of suit property - Proof of partition is necessary as per S.58 Proviso of Evidence Act - Said admission is not sufficient evidence of partition...........
Co-owners -- Co-owner - cannot be dispossessed by other co-owner on the basis of sale deed, unless the suit for partition is filed and share is carved out and separate possession is taken...........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - After purchasing the property of co-owners, purchaser has to file suit for general partition as per S.44 of the Act - Such suit is not filed by plaintiff for partition and therefore, question of encroachment on the part of defendants in the suit property does not arise - Order of first appellate Court..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession after evicting defendants - In a suit for ejectment based on title, it was incumbent on the part of Court to record a finding on the claim of title to suit property - Court is also bound to enquire or investigate that question on first before going into any other question that..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and recovery of possession - Concurrent finding of fact on record that plaintiff has established his title over the suit property and defendant's possession on the suit property is merely permissible having no right, title and interest - This is finding of facts which is not required..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration of title and recovery of possession - Plaintiff is absolute owner of suit premises and has got title and defendant's possession thereof is merely permissive out of grace and sympathy and she has no right, title and interest - Plaintiff has brought the suit against defendant..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and for recovery of possession - Suit properties were exclusive properties of husband of plaintiff and to meet his medical and agricultural expenses, item No.3 of suit properties was sold to defendant No.3 - Defendant No.3 proved that he was bona fide purchaser of property in question - No evidence is..........
Limitation Act, 1963, Article 56 -- Limitation - Suit for declaration, delivery of possession and permanent injunction - Suit not filed within three years of having knowledge of execution of sale deed - Suit filed is not within limitation - Suit filed is barred by limitation - Suit rightly dismissed...........
