Written Statement and Set-Off to be filed in Calcutta High Court under Original Side Rules[Ch-9][CHCOSR]

Written Statement and Set-Off Rules as to plaints where applicable.– Rules as to plaints so far as the same are applicable shallmutatis mutandis, apply to written statements; the word plaintiff therein being read for the purposes of this rule as though it were defendant, where the context so permits and provisions laid down in Order VIII of C.P.C. shall… Read More Written Statement and Set-Off to be filed in Calcutta High Court under Original Side Rules[Ch-9][CHCOSR]

Chamber Business under Original side rules of Calcutta High Court[ Ch-6][CHCOSR]

Chamber Business Judge’s sittings in Chambers.– One Judge will sit in Chamber every weekday, unless Notice to the contrary be previously given, and all applications in Chambers shall ordinarily be made to that Judge only. Where a suit appears in the Warning List of any particular Court, applications in Chambers in such suit shall be… Read More Chamber Business under Original side rules of Calcutta High Court[ Ch-6][CHCOSR]

Holdings of Courts, Vacations, Holidays of Calcutta High Court[ Ch-3][CHOSR]

Holdings of Courts on Original Side.– A Court for the exercise of the Original Jurisdiction of the High Court on its several sides may be held before one or more Judges of the High Court.2. Vacations.– The vacations to be observed in the several Courts and offices of the High Court on its Original Side… Read More Holdings of Courts, Vacations, Holidays of Calcutta High Court[ Ch-3][CHOSR]

Persons entitled to Appear and Plead on the Original Side of Calcutta High Court

CHAPTER I (i) In these rules, unless the context otherwise requires, – (a) “Acting” includes filing an appearance or any pleadings, application, affidavit, report, return, deposition or any act (other than pleading) required or authorised by law to be done by a party in the Court, any person (or by recognised agent) or by an… Read More Persons entitled to Appear and Plead on the Original Side of Calcutta High Court

T. R. Kothandaraman Versus TAMIL NADU Water Supply and Drainage BD and others [SC-1994]

Keywords:- Social justice The right which has been conferred by one hand cannot be taken away by another; nor can the right be converted to a husk. The golden triangle of our Constitution is composed of Arts. 14, 19 and 21. Incorporation of such a trinity in our paramount parchment is for the purpose of… Read More T. R. Kothandaraman Versus TAMIL NADU Water Supply and Drainage BD and others [SC-1994]

Maharashtra Forest Guards and Foresters Union Vs. State of Maharashtra and Others [SC-2017]

Keywords:- Class within Class- Unequality- equal opportunity Introducing an additional restriction of graduation for participation in the LDCE without there being any quota reserved for graduates will be discriminatory and violative of Articles 14 and 16 of the Constitution of India since it creates a class within a class. The merit of the 25 percent… Read More Maharashtra Forest Guards and Foresters Union Vs. State of Maharashtra and Others [SC-2017]

Law of License

52. “License” defined. – Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement… Read More Law of License

Hemaji Waghaji Jat Vs Bhikhabhai Khengarbhai Harijan and others [SC-2008]

KEYWORDS:-Adverse Possession- Plea of adverse possession is not a pure question of law but a blended one of fact and law. Therefore, a person who claims adverse possession should show : (a) on what date he came into possession, (b) what was the nature of his possession, (c) whether the factum of possession was known… Read More Hemaji Waghaji Jat Vs Bhikhabhai Khengarbhai Harijan and others [SC-2008]

Vishwanath Bapurao Sabale Versus Shalinibai Nagappa Sabale AND OTHERS[SC-2009]

Keywords:-Adverse possession the possession of the adverse possessor must be hostile enough to give rise to a reasonable notice and opportunity to the paper-owner. for claiming title by adverse possession, it was necessary for the plaintiff to plead and prove animus possidendi. A peaceful, open and continuous possession being the ingredients of the principle of… Read More Vishwanath Bapurao Sabale Versus Shalinibai Nagappa Sabale AND OTHERS[SC-2009]

L. N. Aswathama and another Vs P. Prakash [SC-2009]

Keywords:-Adverse Possession-possession follows title-Title by Prescription Possession follows title. The plaintiffs having established title to the suit property, will be entitled to decree for possession, unless their right to the suit property was extinguished, by reason of defendant being in adverse possession for a period of twelve years prior to the suit. To establish a… Read More L. N. Aswathama and another Vs P. Prakash [SC-2009]

Biswanath Agarwalla Vs Sabitri Bera and Ors Respondent

Keywords:- Adverse possession-Statutory tenant-Termination of Tenancy- Eviction Notice tenant upon termination of tenancy does not become a trespasser. He becomes a statutory tenant (loosely called) (SUPREME COURT OF INDIA) (Before : S. B. Sinha And Deepak Verma, JJ.) Civil Appeal No. 5085 with 5086 of 2009, Decided on : 04-08-2009. Acts:-Court Fees Act, 1870—Section 7(v)… Read More Biswanath Agarwalla Vs Sabitri Bera and Ors Respondent