Criminal trial -- Castigating remarks by Court - Special court passed adverse remarks against petitioner and another individual but petition was only filed by petitioner - Court must ensure that fundamental right enshrined under Article 21 of Constitution must not be violated by not providing same relief to other individual...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case on the ground of bias - Orders adverse to party cannot be the reason to doubt fairness of Presiding Officer and parties do have legal remedies to challenge the same before higher forums...........
Adverse Possession -- In order to set up a claim of perfection of title by way of adverse possession, plaintiff has to admit the title of original owner...........
Adverse Possession -- If a person claims himself to be owner, then he cannot be permitted to take an alternative plea of adverse possession...........
Adverse Possession -- Possession of father of plaintiff or plaintiff is permissive - It cannot be said that plaintiff was ever in hostile and open possession of property in dispute - Plea of adverse possession rejected...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Re-appointment - To discredit the demarcation report, fresh appointment of a Local Commissioner is not required as permitting repeated re-appointments would lead to a never-ending process with each party seeking afresh demarcation whenever an adverse report is received...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No documentary evidence was produced before Family Court by husband nor by wife - Rs.80,000 was alleged by wife to be monthly income of husband, who having not produced his salary slip before Family Court - Husband has disclosed one payment advice in respect of gross salary i.e Rs.74,542.85 which is close..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simplicitor - Petitioners are mother and sister of defendant and they are claiming possession over suit land through defendants - However, according to plaintiffs, defendant are only persons who are disturbing possession of plaintiffs over suit land - Petitioners who do..........
Court Order -- Expunging of adverse remarks and waiving of cost imposed - Court indicated its mind and requested counsel to refrain from further submission - Continued insistence thereafter, especially after Court expressed its inclination, serves no purpose and affects decorum of proceedings - Applicant tendered an unconditional and bona fide apology - Adverse remarks..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When a suit is instituted for possession, based on title to defeat suit on the ground of adverse possession, burden is on defendant to prove adverse possession for prescriptive period - This, therefore, cannot be an issue on which plaint could be rejected at threshold...........
