Malik Makbuza Holders & Ejectment - The respondent malik makbuza holders obtained a decree for ejectment against Hardan Malik, who claimed to be an occupancy tenant prior to 1884. The court held that Hardan Malik was a sub-tenant and dismissed his claim based on possession history. RIWAIN VS MARDAN SINGH - Nagpur
Criminal Case & FIR - Anishya Hardas filed FIR No. 64 against Pradeep Bhanot, Amita Brar, and others, involving allegations of criminal misconduct. The case was registered by Hardas, with details of familial relations and subsequent legal proceedings. Dipinder Singh Brar VS State of Punjab - Punjab and Haryana
Convictions & Corroboration - The court upheld convictions of Hadan, Rahim, and Nayan Sha based on corroborative evidence, emphasizing the importance of reliable testimony, especially from approvers, in criminal cases. Other appellants lacked sufficient corroboration. Jamiruddi Masalli VS Crown - Calcutta
Transfer & Property Records - Yunus Malik directed the transfer of a scooter to Noormohmmad Malik, with Yunus Malik having introduced him earlier. The case involved verification of ownership and transfer procedures. Motasim Mohd. Khalid Gade VS State of Maharashtra - Bombay
Land & Malikship - The khasra records from Svt. 1999-2002 list Shri Narayan and others as malik or cultivators. The evidence regarding their relationship to the land was weak, and the dispute involved questions of malikship and applicable laws like the Resumption of Jagir Act. Ram Khiladi VS State of Rajasthan - Rajasthan
Court Decisions & Remand - The court set aside a District Judge's decree and remanded the case for further consideration on unresolved issues, involving a suit filed by Haji Karim Nur Muhammad firm, emphasizing procedural fairness. HAJI KARIM NUR MOHAMAD VS RAHMAN - Nagpur
Assault Case & Enmity - The appellants caused injuries to Raj Singh, with evidence suggesting a motive related to enmity and liquor demand. The case involved witness testimonies and allegations of violent behavior. Sis Pal VS State Of Haryan - Punjab and Haryana
Tax & Legal Proceedings - The case involved assessments of tax and legal interpretations, referencing judgments on the distinction between different forms of sugar and applicable tax laws, highlighting legal standards in commercial disputes. PRAVEEN CORPORATION VS THE COMMISIONER OF COMMERCIAL TAXES - Karnataka
Possession & Mahomedan Law - Mir Mardan Ali sued Zarim Khan for possession of malik makbuza land, with the court relying on Mahomedan Law and prior case law to determine ownership and possession rights. MIR MARDAN ALI VS ZARIM KHAN - Nagpur
Analysis & Conclusion:
The Hardan Malik case primarily revolves around land rights, tenancy, and malikship disputes, with courts emphasizing proper documentation, historical possession, and legal definitions of tenancy versus sub-tenancy. Several cases highlight the importance of corroborative evidence in criminal convictions and procedural fairness in civil litigation. The legal principles derived from these cases reinforce the need for clear proof of ownership and possession, adherence to traditional laws like Mahomedan Law, and careful judicial review in property disputes. References include judgments from various courts addressing malik rights, tenancy laws, and procedural remand decisions.
, but the respondents, malik makbuza holders, obtained a decree for ejectment against him as a sub-tenant. ... Fact of the Case: The appellant claimed to be an occupancy tenant based on his possession prior to 1st January 1884 ... JUDGMENT ... Jackson, A J C—The appellant in this case has been held to be a sub-tenant of the respondents, who are malik makbuza holders, and the latter have been given a decree for ejectment against him. ... 2. ... The appellant's case is that by his possession prior to 1s....
The case bearing FIR No. 64 has been got registered by Anishya Hardas wife of R.S.Hardas who happens to be the sister of Pradeep Bhanot and Amita Brar. Dipinder Brar, the petitioner is husband of said Amita Brar. ... The case has been lodged by Anishya Hardas [hereinafter referred to as “the complainant”] against Pradeep Bhanot, Amita Brar, Dipinder Singh Brar, Satpal, Paramjit Singh, M.D. Mamgain and Manjit Singh, Lamberdar. ... Vijender Singh Malik, J.:- FIR No.64 dated 26.05.2010 [A....
The case relied heavily on the testimony of an approver, whose evidence required corroboration. ... The court concluded that only three Appellants had sufficient corroborative evidence to support their convictions: Hadan, Rahim, ... Final Decision: The court upheld the convictions and sentences of Hadan, Rahim, and Nayan Sha, finding sufficient corroborative ... As regards none of the remaining Appellants is there corroborative evidence sufficient to connect them with the offence except in the case of Nilmoni and Duti K....
Hardas, J. ... 1. ... He has, however, admitted as true that Yunus Malik had informed him to directly transfer the scooter in the R.T.O. record in the name of Noormohmmad Malik. Since Yunus Malik had left for his native place, the transfer could not be effected. ... He has admitted as correct that Yunus Malik had earlier introduced Noormohmmad to him. He has identified accused No. 2 to be the same Noormohmmad Malik. ... PW 12 - Yunus Malik, was recorded. The RC Book a....
In khasra of Svt. 1999-2002 name of Shri Narayan and others are entered as malik or cultivator. ... They have simply filed an affidavit at a belated stage in the trial Court explaining their pedigree and relationship with Shri Narayan and Harman. Their witnesses or any other documentary evidence on file do not reveal any reliable fact about their relationship with Shri Narayan or Harman. ... He also argued that we were the malik of the disputed land and the provisions of Resumption of Jagir Act do not apply on this dispu....
The court set aside the District Judge's decree and remanded the case for decision of the other contention raised before him. ... Fact of the Case: The plaintiff's suit was dismissed by the District Judge on the ground that the suit as framed was ... Final Decision: The court set aside the District Judge's decree and remanded the case for decision of the other contention ... JUDGMENT ... Macnair, J C—The plaint in this case describes the plaintiff as Haji Karim Nur Muhammad firm malik Haji Karim Kach....
Fact of the Case: The appellants caused severe injuries to the injured. ... At the time of arguments, Shri Vishal Malik, Advocate put in appearance on behalf of the appellants, who was also heard. ... 14. ... The prosecution case was that PW4-Randhir Singh, at the instance of his brother-PW6-Raj Singh (injured), had gone to the shop of the appellants and demanded liquor. ... They further stated that on account of his violent nature, there was enmity between injured-Raj Singh and several villagers and some unidentified person had caused....
Sajjan Singh Malik - CIT v. J.K.A. Subramania Chettiar - Amjad AM Nazir AH v. CIT - Addl. CIT v. ... Sudharshan Silks & Sarees Fact of the Case: The assessees, members of M/s Baldev Electricals, Ludhiana, were investigated ... ... (v) Biland Ram Hargan Dass v. CIT ... 18. Further in the case of CIT v. J.K.A. ... Sajjan Singh Malik CIT v. J.K.A. Subramania Chettiar Amjad AM Nazir AH v. CIT Addl. CIT v. Radhey Shyam and Mahavir Metal Works v. CIT were held to be applicable. It was held that the assesse....
Ratio Decidendi: The court relied on Ameer Ali's Mahomedan Law and the case of Court of Wards v. ... Ilahi Bakhsh, 1913 40 ILR(PC) 297 Fact of the Case: The plaintiff-appellant sued the defendant-respondent for possession ... JUDGMENT ... Findlay—The plaintiff-appellant, Mir Mardan Ali, sued the defendant-respondent Zarim Khan in the first Court for possession of malik makbuza plot No. 53, area 1.08 acres, in Nagpur. ... But the question of fact involved in this case is whether on the evidence on reco....
It referenced the case of STATE OF GUJARAT v. ... SAKKARWALA BROTHERS, 1967 19 STC 24 Fact of the Case: The appellant, a registered dealer, contested the levy of tax ... This Court in the case of M. L. ABDUL MALIK AND CO. , v. COMMERCIAL TAX OFFICER, 1963 14 STC 214 had the occasion to ascertain the qualitative difference between sugar and sugar candy though in a different context. ... On the facts of the present case, in spite of the fact that sugar assumes the forms of "patasa", "harda#HL_E....
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