CIVIL

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

CIVIL

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

CIVIL

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

CIVIL

Persons entitled to Appear and Plead on the Original Side of Calcutta High Court [Ch-1][CHOSR]

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… Continue reading Persons entitled to Appear and Plead on the Original Side of Calcutta High Court [Ch-1][CHOSR]

constitution

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

constitution

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

CIVIL, LAND

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… Continue reading The Law of Prescriptive Rights

CIVIL

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… Continue reading Dharmarajan and Ors Vs Valliammal and Ors [SC- 2007]

CIVIL

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

CIVIL

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

CIVIL

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

CIVIL

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)… Continue reading Biswanath Agarwalla Vs Sabitri Bera and Ors Respondent

CIVIL

State of Haryana Vs Mukesh Kumar and Others Respondent[SC 2011]

Keywords:- Adverse Possession The right to property is now considered to be not only constitutional or statutory right but also a human right. Human rights have already been considered in realm of individual rights such as right to health, right to livelihood, right to shelter and employment etc. But now human rights are gaining a… Continue reading State of Haryana Vs Mukesh Kumar and Others Respondent[SC 2011]