Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4.5 kgs Charas - Independent witness not joined - DWs 1 & 2 stated that accused was arrested from his work place but nothing was recovered from him - I.O directly deposited case property with malkhana without bringing it to notice of i, charge of police station - Contradictions and..........
Agreement to sell -- Suit for specific performance - Vendee not ready and willing to perform her part with stipulations already known to her - Subsequently, vendor transferred suit property to a third person - Vendee has no right to seek enforcement of agreement - As once vendee is liable to be non suit on account of bar u/s 16(c) of Specific Relief Act, 1963 - Prayer..........
Specific Relief Act, 1963, Section 37, Protection of Women From Domestic Violence Act, 2005, Section 26, Transfer of Property Act, 1882, Section 39 -- Injunction - Dispossession and alienation - Wife seeking restraint order against husband - Provisions of Act of 2005 are incorporated in any civil or criminal proceedings - Wife is entitled to a right of protection to remain..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for setting aside sale deed - If a deed was executed by plaintiff when he was minor and it was void, he had two options to file a suit to get the property purportedly conveyed thereunder, either to file the suit within 12 years of deed or within 3 years on attaining the age of..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Right of redemption of a mortgage should be kept alive beyond passing of final decree till even the appeal or other remedies against orders refusing to set aside sale are passed finally...........
Hindu Law -- Ancestral property - Partition - Separate mess - A division in mess does not constitute a division of all properties and there is no such presumption in law for such an inference...........
Hindu Law -- Ancestral property - Partition - If partition was not proved, even father/Karta had no power under Hindu Law to make a release of his own undivided share...........
Hindu Law -- Ancestral property - Partition - If existence of ancestral family nucleus was admitted fact and if properties had not been mutated in the names of several persons, Courts below were justified in holding that family holding continue to be joint and plea of oral partition as propounded by defendants cannot be accepted...........
Hindu Law -- Ancestral property - Release deed - Release operates on the same footing as a gift of ancestral property and void in law - If it is brought in challenge by a person who is not made a party to release, he is entitled to obtain a declaration that release is void...........
Will -- Proof of - Unregistered Will disclosed after 14 years of death of testator - No satisfactory explanation given by petitioner for the same - Suit property already in possession of another daughter of testator on the basis of registered sale deed - Moreover, due execution of said sale deed has been admitted by testator - Concurrent findings of Courts below cannot be..........
