KEYWORDS:-SECTION 144 Under Section 144 is provided by the urgency of the situation and the power there under is intended to be availed of for preventing disorders, obstructions and annoyances with a […]
KEYWORDS:- independence of the judiciary DATE:-30.12.1982 AIR 1982 SC 149 : (1982) 2 SCR 365 : (1981) Suppl. SCC 87 : (1981) 4 SCALE 1974A (SUPREME COURT OF INDIA) S. P. Gupta Appellant […]
M.P. Act 37 of 1981 [Dated 16th September, 1981] Received the assent of the President on 16-9-1981; assent first published in the Madhya Pradesh Gazette (Extraordinary), dated 15-10-1981. An Act to make […]
A mutt in Hindu Law is a judicial person capable of holding and vindicating legal rights, through the medium of human agency: SC
The property belonging to a math is in fact attached to the office of the mahant, and passed by inheritance to no one who does not fill the office. The head of […]
West Bengal Act 23 of 1981. [10th August, 1981.] Assent of the Governor first published in the Calcutta Gazette, Extraordinary dated 10th August, 1981. An Act to provide for the reconstitution of […]
If a party in Trial or appeal or revision dies and right to sue survives the L.Rs must be substituted otherwise suit shall be abated-SC
SUPREME COURT OF INDIA DIVISION BENCH ( Before : D. A. Desai, J; Baharul Islam, J ) BIBI RAHMANI KHATOON AND OTHERS — Appellant Vs. HARKOO GOPE AND OTHERS — Respondent
If property belongs to Government for acquisition of easementary right by prescription user of “30 years” is required.
It is settled principle of law that what has not been conferred in the plaint cannot be proved. Only right of easement by way of prescription has been pleaded, alleging that Plaintiff was using the land of Plot No. 164 for 20 years. It is pertinent to mention here that at the end of Section 15 of Indian Easement Act, 1882, which pertains to acquisition by prescription, it is specifically mentioned that if the property, over which a right is claimed, belongs to the Government, the word ’20 years’ shall be read as ’30 years’. As such, in respect of a Government land mere user for 20 years does not confer any easementary right by way of prescription to the Plaintiff, as he has nowhere pleaded that he used the land for 30 years or more.
Supreme Court recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of […]
Whether refusal to have sexual intercourse for a long time without sufficient reason itself amounts to mental cruelty? SC Yes
Samar Ghosh vs Jaya Ghosh
26. There is no power of review with the Criminal Court after judgment has been rendered. The High Court can alter or review its judgment before it is signed. When an order […]