Adverse possession -- Perfection of title by adverse possession - A person in possession cannot be ousted by another except by due procedure of law and once 12 years period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order on printed proforma - Blanks in printed proforma filled up by some Court employee and Magistrate thereafter just put his initial - It leads to conclusion that Magistrate has passed order in a mechanical manner without application of judicial mind - Summoning of an accused in a criminal..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Private agreement conferring exclusive jurisdiction on Courts at Chennai - Mere fact that Madras High Court is capable of granting adequate relief to appellant does not create a legal bar on Bombay High Court exercising its writ jurisdiction - Bombay High Court failed to examine case holistically and make a..........
Defamation -- Suit for damages - Publication of defamatory news item in a newspaper - Proof in case of a journalist - Proof in case of a journalist, to bring publication of a scandalous imputation under the penal law, it is not necessary to prove that it was done out of any ill-will or malice or that complainant had actually suffered from it - It would be sufficient to..........
Banking law -- Bank guarantee - Invocation of - Court should not interfere with invocation or encashment of a bank guarantee so long as invocation was in terms of bank guarantee, particularly in absence of case of fraud, irretrievable injustice and special equities...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(4), Transfer of Property Act, 1882, Section 65A -- Secured assets - Delivery of possession - In the instant case, respondent was indicated as a tenant for 15 years after mortgage, without knowledge of mortgagee - Tenant who has been inducted after mortgage..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife is residing with his in-laws with her two minor children and husband is not living with his parents - Husband disowned by his parents, because he performed ring ceremony with one girl - Father-in-law maintained wife and her two children - Statements of parents of husband..........
Criminal Procedure Code, 1973, Section 386, 482 -- Appeal against conviction - Enhancement of sentence - Notice to accused - Notice given to accused during course of hearing - However, it is not clear whether such a notice was an oral notice or a notice in writing - Such a notice would not satisfy legal requirements - Any notice for enhancement must indicate why Court..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Remand of case - Appellant raised formidable issues on facts as well as on law which ought to receive proper attention of High Court in first instance in exercise of power u/s 96 CPC - Additionally, High Court will have to address grievance of appellant that some of documents which in opinion of appellant are crucial..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for re-examination - Plaintiff case is that in order to prove that her vendor was in absolute possession of suit property and after the purchase by her she is in possession, certain additional documents are required to be marked - Application not filed to fill up lacuna in the plaint - Plaintiff..........
