KEYWORDS:-POSSESSION BY TRESPASSERS In Rame Gowda v. M. Varadappa Naidu,(2004) 1 SCC 769, wherein the following was observed by Apex Court: "9. The possession which a trespasser is entitled to defend against the rightful owner must be settled possession, extending over a sufficiently long period of time and acquiesced to by the true owner.… Continue reading The possession which a trespasser is entitled to defend against the rightful owner must be settled possession
Author: Advocatetanmoy
Advocate, adviser and educator
The West Bengal Government Premises (Tenancy Regulation) Act, 1976
Keywords:- Tenancy- Government premises- West Bengal Act 19 of 1976 [1st April, 1976] Assent of President of India was published in the Calcutta Gazette, Extraordinary, dated the 1st April, 1976. An Act to provide for the regulation of certain incidents of tenancy in relation to Government premises in West Bengal. Whereas it is expedient to… Continue reading The West Bengal Government Premises (Tenancy Regulation) Act, 1976
Law of Property Act 1925[UK]
UK LEGISLATION INDEX Introductory Text Part I General Principles as to Legal Estates, Equitable Interests and Powers 1. Legal estates and equitable interests. 2. Conveyances overreaching certain equitable interests and powers. 3. Manner of giving effect to equitable interests and powers. 4. Creation and disposition of equitable interests. 5. Satisfied terms, whether created out of… Continue reading Law of Property Act 1925[UK]
Roshanlal Kuthiala and others Vs R. B. Mohan Singh Oberai[ALL SC 1974 OCTOBER]
KEYWORDS:-Evacuee property- EQUITY-EQUITABLE ADJUSTMENT- In India the historical and artificial distinction between Equity and Law does not exist and equity itself is enforced as law with all the built-in limitations we have adverted to. DATE:-17-10-1974 AIR 1975 SC 824 : (1975) 2 SCR 491 : (1975) 4 SCC 628 (SUPREME COURT OF INDIA) Roshanlal Nuthiala… Continue reading Roshanlal Kuthiala and others Vs R. B. Mohan Singh Oberai[ALL SC 1974 OCTOBER]
The State of Madras Vs V. G. Row[ALL SC 1952 MARCH]
KEYWORDS:- JUDICIAL REVIEW-imposing reasonable restrictions-test of reasonableness Court naturally attaches great weight to the legislative Judgment, it cannot desert its own duty to determine finally the constitutionality of an impugned statute. DATE:- 31-03-1952 AIR 1952 SC 196 : (1952) SCR 597 : (1952) CriLJ SC 966 (SUPREME COURT OF INDIA) The State of Madras Appellant… Continue reading The State of Madras Vs V. G. Row[ALL SC 1952 MARCH]
Benami transfer of property
KEYWORDS:-RESULTING TRUST- BENAMI PURCHASE Under the English law, when real or personal property is purchased in the name of a stranger, a resulting trust will be presumed in favour of the person who is proved to have paid the purchase money in the character of the purchaser. It is, however, open to the transferee to… Continue reading Benami transfer of property
Gulam Abbas and others Versus State of U.P. and others[ALL SC 1981 NOVEMBER]
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 view to secure the public weal by maintaining public peace and tranquillity. DATE:- 03-11-1981 AIR 1981 SC 2198 : (1982) 1 SCR 1077… Continue reading Gulam Abbas and others Versus State of U.P. and others[ALL SC 1981 NOVEMBER]
Adverse possession and Mahomedan law
Under the Mahomedan law applicable in India, title to a mosque can be lost by adverse possession. If that is the position in law, there can be no reason to hold that mosque has a unique or special status, higher than that of the places of worship of other religions in secular India to make… Continue reading Adverse possession and Mahomedan law
Indian Muslim Law in Nutshell
KEYWORDS:-Mahomedanism-PERSONAL LAW- "law is dynamic and its meaning cannot be pandemic but purposeful" Sources of Muslim Law (1) Quran (2) Sunna (3) Ijma (4) Quiyas. (5) Customs (Urf) (6) Judicial Precedents. (7) Legislation. (8) Good Conscience and Equity. Indian Commentators Baillie (1875), Ameer Ali (1912) and Tyabji (1940) FYZEE .._ : Outlines of Mohammadan Law 'TYABJI, F. B. : Mohammadan Law… Continue reading Indian Muslim Law in Nutshell
Sardar Singh Vs Smt. Krishna Devi and another[ ALL SC 1994 APRIL]
KEYWORDS:-family arrangements-partial enforcement of contract instead of refusal of specific performance in its entirety- " the award did not create any right, title or interest in the appellant for the first time, but it declared the pre-existing factum, namely the appellant and Kartar Lal purchased the property jointly and that Kartar Lal was the benamidar… Continue reading Sardar Singh Vs Smt. Krishna Devi and another[ ALL SC 1994 APRIL]
M. C. Chockalingam and others Versus V. Manickavasagam and others[ALL SC 1973 OCTOBER]
KEYWORDS:- LAWFUL POSSESSION-mesne profits DATE:- 31-10-1973. Lawful possession cannot be established without the concomitant existence of a lawful relationship between the landlord and the tenant. This relationship cannot be established against the consent of the landlord unless, however, in view of a special law, his consent becomes irrelevant. Lawful possession is not litigious possession and… Continue reading M. C. Chockalingam and others Versus V. Manickavasagam and others[ALL SC 1973 OCTOBER]
Bakhtawar Singh and another Vs Sada Kaur and another [ALL SC 1996 AUGUST]
KEYWORDS:- WITHDRAWL OF SUIT- DEFECT WAS NOT EXPLAINED- DEFECTIVE SUIT "the order dated May 20, 1971 passed by the civil court was on record which did not indicate as to what was the formal defect in the suit by reason of which the permission to withdraw the same was accorded". DATE:-28-08-1996 AIR 1996 SC 3488… Continue reading Bakhtawar Singh and another Vs Sada Kaur and another [ALL SC 1996 AUGUST]
Jet Ply Wood Pvt. Ltd. and ANR Vs Madhukar Nowlakha and ORS [ALL SC 2006 FEBRUARY]
Keywords:-Recalling of an order permitting withdrawal of a suit- INHERENT POWER- In the absence of a specific provision in the Code of Civil Procedure providing for the filing of an application for recalling of an order permitting withdrawal of a suit, the provisions of Section 151 of the Civil Procedure Code can be resorted to… Continue reading Jet Ply Wood Pvt. Ltd. and ANR Vs Madhukar Nowlakha and ORS [ALL SC 2006 FEBRUARY]
Code of Civil Procedure, 1908
Code of Civil Procedure, 1908 1. Short title, commencement and extent 2. Definitions 3. Subordination of Courts 4. Savings 5. Application of the Code to Revenue Courts 6. Pecuniary jurisdiction 7. Provincial Small Cause Courts 8. Presidency Small Cause Courts 9. Courts to try all civil suits unless barred 10. Stay of suit 11. Res… Continue reading Code of Civil Procedure, 1908
Introduction to the Constitution of India[Student Edition]
Features of Indian Constitution. Nature of Indian constitution The preamble of Indian Constitution Whether States within the boundaries of Union of India is permanent?
Special Court and Procedure under POCSO Act 2012
The Protection of Children from Sexual Offences Act, 2012 [POCSO] CHAPTER VII SPECIAL COURTS 28. Designation of Special Courts : (1) For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session… Continue reading Special Court and Procedure under POCSO Act 2012
Sri Samarendra Nath Das @ Samar Das Versus M/s. Bengal Central Building Society Limited and others[ALL HC CALCUTTA 2015 MAY]
KEYWORDS:-THIKA TENANCY- JURISDICTION OF CIVIL COURT- DATE:-6th May, 2015 In the High Court at Calcutta Civil Appellate Jurisdiction Present: The Hon'ble Justice Nishita Mhatre And The Hon'ble Justice Asha Arora F.M.A No. 761 of 2015 With C.A.N No. 1543 of 2015 Sri Samarendra Nath Das @ Samar Das Versus M/s. Bengal Central Building Society Limited and others For the appellant: Mr. Biswajit… Continue reading Sri Samarendra Nath Das @ Samar Das Versus M/s. Bengal Central Building Society Limited and others[ALL HC CALCUTTA 2015 MAY]
Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others[ALL SC 2003 DECEMBER]
KEYWORDS:- DATE:-03-12-2003 (2004) 10 SCC 578 (SUPREME COURT OF INDIA) Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others Respondent (Before : Brijesh Kumar and Arun Kumar, JJ.) Decided On: 03-12-2003 Calcutta thika tenancy (Acquisition and Regulation) Act, 1981—Sections 5 and 19. ORDER 1. This appeal is preferred against the order… Continue reading Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others[ALL SC 2003 DECEMBER]
Narayan Chandra Ghosh and ORS Vs Kanailal Ghosh and ORS[ALL SC 2005 NOVEMBER]
KEYWORDS:- THIKA TENANCY- RENT- EVICTION DATE:-16-11-2005 AIR 2006 SC 562 : (2005) 5 Suppl. SCR 250 : (2006) 1 SCC 175 : JT 2005 (9) SC 613 : (2005) 9 SCALE 350 (SUPREME COURT OF INDIA) Narayan Chandra Ghosh and OTHERS Appellant Versus Kanailal Ghosh and OTHERS Respondent (Before : B. N. Agrawal And A.… Continue reading Narayan Chandra Ghosh and ORS Vs Kanailal Ghosh and ORS[ALL SC 2005 NOVEMBER]
Howrah Mills Co. Ltd. and ANOTHER Vs Md. Shamin and ORS[ALL SC 2006 MAY]
KEYWORDS:- THIKA TENANCY-supervision of the BIFR - DATE:-12-05-2006 (2006) 6 SCALE 50 : (2006) 5 SCC 539 : (2006)Supp(2) SCR 692 (SUPREME COURT OF INDIA) Howrah Mills Co. Ltd. and ANOTHER Appellant Versus Md. Shamin and OTHERS Respondent (Before : S. B. Sinha and P. K. Balasubramanyan, JJ. ) Civil Appeal No. 2639 of 2006… Continue reading Howrah Mills Co. Ltd. and ANOTHER Vs Md. Shamin and ORS[ALL SC 2006 MAY]
