Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54 -- Poppy husk - Recovery from truck - Three accused - One fled away from spot after seeing the police party - No evidence to connect that accused with recovery - That accused acquitted - Prosecution failed to prove element of custody or control over the contraband qua accused 'J' - Conscious..........
Specific Relief Act, 1963, Section 34 -- Simplicitor suit for declaration by Co-owner/Co-sharer - Maintainability - Suit for declaration claiming = share in land, challenging mutation and subsequent revenue entries - Suit land agricultural in nature - Civil Court not competent to deliver actual physical possession - Revenue Court alone competent to partition the suit land..........
Specific Relief Act, 1963, Section 36, 37 -- Permanent injunction - Cannot be granted against true owner merely on the ground of long possession of plaintiff...........
Adverse possession -- Pleading - In one breath it was pleaded that plaintiff is enjoying the long peaceful possession of suit property in question and in the next breath the pleading that plaintiff is using the property as owner for over twenty years and indicating that he is living since the time of his ancestors - Held, this pleading cannot be construed as a proper or..........
Pepsu Tenancy Agricultural Lands Act, 1955, Section 2(g), Punjab Land Reforms Act, 1972, Section 4, 5, 8 -- Land declared surplus under Pepsu Act of 1955 - Part of surplus area allotted to tenants - Stand utilised - Remaining area remained in possession of land owner - Land Reforms Act came into force - Notice u/s 9(1) of the Land Reforms Act for surrendering possession of..........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - It is a transfer by the owner (Mortgagor) of an interest in an immovable property for securing the amount advanced/to be advanced by the creditor (Mortgagee), under which possession of property is delivered to the mortgagee with authority to retain such possession and enjoy the rents and profits..........
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Section 27 -- Mortgage - On expiry of period of limitation prescribed under the Limitation Act, the mortgagor would lose his right to redeem and the mortgagee becomes entitled to continue in possession as the full owner...........
Transfer of Property Act, 1882, Section 58(d), 60 -- Usufructuary Mortgage - Right of Redemption - Concept explained - A usufructuary mortgage is transfer of an interest in immovable property by the owner (mortgagor) for securing the amount advanced by the creditor (mortgagee), under which possession of property is delivered to the mortgagee - Mortgagee enjoys the rents..........
Punjab Land Reforms Act, 1972, Section 5, 8, 9, Pepsu Tenancy Agricultural Lands Act, 1955 -- Land declared surplus under the provisions of Pepsu Act - Surplus land lying vacant -Neither utilised nor taken into possession by the Government - Proceedings continuing under Pepsu Act - Land reforms Act came into being - Original land owner dies - Land will have to be..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Status quo order - Variation - At the instance of a person who is neither the owner nor in possession - Not maintainable as he is not to be prejudiced in any manner nor he will suffer any irreparable loss...........
