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 also apply to such written statement. 2. Written statements when … Continue reading Written Statement and Set-Off to be filed in Calcutta High Court under Original Side Rules[Ch-9][CHCOSR]

Institution of Suit-In Calcutta High Court [Original side]

The Rules of The High Court At Calcutta (Original Side), 1914 INDEX : CHAPTER: 1 TO 40 Institution of Suit The plaint to be written or printed.- The plaint shall be legibly written, or printed, in the English language, on durable foolscap paper or other paper similar to it in size and quality, bookwise, and on both sides of the paper, with Not more than 25 or … Continue reading Institution of Suit-In Calcutta High Court [Original side]

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 made to the Judge presiding over such Court.2. Reference from … Continue reading 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 shall be three in every year, viz., the Easter, the … Continue reading 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 Advocate;

(b) “Advocate” means a person who is an Advocate within the meaning of the Advocates Act, 1961; Continue reading “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 paving such a path for the people of India which … Continue reading 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 cannot be prejudged by a sub-classification. It violates the equality … Continue reading Maharashtra Forest Guards and Foresters Union Vs. State of Maharashtra and Others [SC-2017]

The Law of Prescriptive Rights

Acquisition by prescription under Indian Easement Act 1882[Sec 15 to 17]  Sec15- Where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years, and where support from one person’s land, or things affixed thereto, has been peaceably received by another person’s land subjected to artificial pressure, or by things … Continue reading The Law of Prescriptive Rights

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 or an interest in the property, the right is called … Continue reading Law of License

Dharmarajan and Ors Vs Valliammal and Ors [SC- 2007]

Keywords:-Adverse possession Scope of Section 100 CPC, more particularly in Gurudev Kaur and Others vs. Kaki and Others [(2007) 1 SCC 546] where it was held that even before the 1976 amendment the scope of such interference under Section 100 drastically curtailed and narrowed down. It is specifically held that the High Court would have jurisdiction of interfering only in a case where substantial questions … Continue reading Dharmarajan and Ors Vs Valliammal and Ors [SC- 2007]