Easements Act, 1882, Section 13 -- Easement of necessity - Land in question was purchased by plaintiff which previously formed part of land owned by predecessors-in-interest of defendants - However, it became a servient tenement upon its declaration as surplus area followed by allotment to Diwana, who happen to be father of vendor of plaintiff - Plaintiffs have no other..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non-compliance of O.5.R.20 CPC - Summons was published in weekly newspaper and not in a daily newspaper - There is thus clear violation of mandatory provision U.O.5.R.20(1-A) CPC with regard to substituted service - Ex parte decree set aside...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 3(xiv), 24 -- Juvenile - Erasure of all past records - It is mandatory that all past records of any child under juvenile justice system should be erased except in special circumstances...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is mandatory as Court has to reject plaint in case on a meaningful reading of plaint, it is found that suit does not disclose right to sue, a cause of action or suit is barred by any law...........
Limitation Act, 1963, Section 5, West Bengal Premises Tenancy Act, 1997, Section 7(1) -- Limitation - Applicability - Applicability of Limitation Act is subject to provisions of the WBPT Act, meaning thereby, if the time limit has been prescribed to do some act it cannot be extended by aid of proviso of sub-section (2) of Section 7 - Thus, the compliance as required to be..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 33, 35 -- Memorandum of family settlement/family arrangement, does not require mandatory registration and payment of stamp duty...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction without notice to the opposite party - Court should record its reasons - An obligation is cast on the applicant to comply with requirements of clause (a) and (b) of the proviso - Both the provisions are mandatory...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Concurrent findings of facts against defendants of being a licensee on the basis of pleadings and on the basis of evidence adduced before it - Second appeal does not involve any substantial question of law - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Unless conclusions drawn by lower Court are erroneous being: (i) contrary to mandatory provisions of applicable law ; or (ii) contrary to law as pronounced by Apex Court; or (iii) based upon inadmissible evidence or no evidence, High Court cannot substitute its own opinion for that of first Appellate Court...........
State Financial Corporation Act, 1951, Section 29, Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act,1993, Micro, Small and Medium Enterprises Development Act,2006 -- Maintainability of Suit - The trial Court however, without analyzing the scope and applicability of the S.F.C. Act, 1951, the requirement of mandatory notice under Section..........
