Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - So long cognizance of offence is not taken, a writ or order to quash FIR/charge sheet could be issued u/art 226 of Constitution - However, once a judicial order of taking cognizance intervenes, power u/art 226 of Constitution though not available to..........
Adverse possession -- Every possession is not adverse possession - Defendants will not acquire adverse possession by simply remaining in permissive possession for howsoever long it may be...........
Adverse possession -- Plea of adverse possession is essentially a factual plea and such plea should be pleaded specifically and proved by adducing substantive legal evidence - Long possession by itself would not be sufficient to prove adverse possession - Animus possidendi against true owner is also necessary...........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
Adverse possession -- Person who claims adverse possession must show on what date he came into possession, what was nature of his possession, whether factum of his possession was known to legal claimants and how long his possession continued - He must also show whether his possession was open and undisturbed - These are all questions of fact and unless they are asserted..........
Agreement to sell -- Specific performance - Parties have agreed to fix three years time to complete performance of contract - If the intention of parties is to complete transaction within three years period, Court cannot substitute its own view regarding fixation of such a long period unless there is evidence to show that intention of parties was not to convey property..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage should not be a pre-condition for maintenance in cases where a man and woman have been living together as husband and wife for a reasonable long period of time...........
Indian Penal Code, 1860, Section 376, 417, 506, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Allegation that act of rape was committed upon prosecutrix three years back when she was a minor - There is absolutely no evidence and definitely no forensic evidence with prosecution regarding act of rape - Considering facts and circumstances of..........
Prevention of Corruption Act, 1988, Section 7A -- Offence u/s 7-A of the Act - Any individual, regardless of their position as a public servant or not, can be charged with an offence u/s 7-A of the Act, as long as allegation of inducement is evidenced as required by law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Dismissal in default - Complainant failed to prosecute his case due to incarceration - Long incarceration of complainant makes it impossible for him to manage and supervise the performance and functioning of his attorney...........
