Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Death of sole defendant - Substitution of LRs - Application for bringing on record LRs was filed within three months from the date of knowledge - Application is thus, within limitation - LRs of deceased ordered to be brought on record...........
Adverse possession -- Isolated land tax receipt - If really plaintiff was in possession from 1981 till date of filing of suit, he should have paid the land tax every year - However, plaintiff filed only isolated land tax receipt - Isolated land tax receipt not sufficient to prove adverse possession...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Plaintiff sought prescriptive title on the basis of UDR patta issued in his name - However, said patta have no seal of official who signed the document - Even, date of document also not mentioned - Patta was issued in favour of plaintiff without notice to defendants, who were original..........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Adoptive child is construed to be a member of adopted family - On the date of adoption all the ties of child are replaced in adoptive family created by adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Adoptive child is construed to be a member of adopted family - On the date of adoption all the ties of child are replaced in adoptive family created by adoption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was invalid on the date of presentation before bank and same was dishonoured - No liability u/s 138 of the Act would be attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merger of banks - Cheque issued of Allahabad bank - Allahabad bank merged with Indian Bank - Cheque issued from Allahabad Bank and presented before Indian Bank till 30.09.2021 was valid - However, in the instant case cheque of Allahabad Bank was presented in Indian Bank on 21.08.2023 - Cheque was..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Murder case - Applicant was a juvenile on the date of occurrence - He does not have criminal history - Applicant has been in confinement for an unduly long period of time and trial has not concluded within time frame contemplated by the Act - More so, mother of applicant..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Starting point of limitation for setting aside ex parte order of maintenance starts from the date of acquiring knowledge by a party about the said order and not from the date of order itself...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for mandatory injunction and mesne profit for use and occupation of premises during pendency of suit - No ad valorem Court fee is payable on the amount sought as mesne profits from date of filing of suit onwards...........
