Environmental clearance -- Illegal constructions on Ponds/lakes/water bodies after filling it with garbage - It is paramount and constitutional duty of State to protect the same and to ensure that such Ponds/lakes/water bodies which have been illegally filled in are restored...........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land can only be claimed as a customary right and it cannot be treated as an easmentary right - In order to prove the customary right, the plaintiffs must produce cogent evidence to establish that they have been enjoying such a right from time immemorial...........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Plaintiff failed to prove title of his vendor - He has also failed to prove that in the year 1967, defendants forcibly made opening in their western wall and took possession - Houses of defendants were located nearby as memorandum of partition - Water pipes/channels/outlets of defendants house..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between car and tractor fixed with water tanker - Damage to the front side of car would itself indicate that as to at what speed, car must be coming when it hit the tractor fixed water tanker from behind - Even, if it assumed that accused driving the tractor suddenly applied..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused came to house, picked up quarrel with deceased, beat her, poured kerosene oil upon her and set her on fire - However, when deceased raised cries, accused immediately pushed her into a water tub to put off the flames and in that process he suffered 20% burns - Incident occurred in the heat of..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Fire broke out at insured's warehouse - Mere fact that insured had undertaken repairs on the rooftop to prevent water leakage to warehouse, such essential repair work itself, cannot be reasonably construed to be an alteration that would increase the risk of loss or damage, as has been urged by..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Executive Magistrate at 4.40 p.m. whereas opinion with regard to fitness was given at 6.00 p.m. - Doctor further admitted that he had not mentioned in the bed head ticked that he had attested the statement of deceased at 4.40 p.m. - It is doubtful as to whether doctor had really examined deceased with regard..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(v), Indian Penal Code, 1860, Section 376(2)(n), 506, 354(A)(1)(i), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Specific case of victim is that she was subjected to rape after giving her a cake and a bottle of water by accused and later she felt..........
Partition suit -- Plaintiff in plaint mentioned that partition never took place but during cross-examination he admitted that they were residing separately and he had tenant in his portion - He also admitted the fact that he had taken separate electricity and water connection in the year 1981 and they were cooking food separately from 1977 - Defendant had raised..........
