Easements Act, 1882, Section 15 -- Easement - Doctrine of `lost grant' - Lost grant is a presumption from long possession and exercise of right by user of an easement with the acquiescence of owner, that there must have been originally a grant to claimant, which had been lost - However, there should be specific pleading with regard to immemorial user leading to inference..........
Arbitration and Conciliation Act, 1996, Section 14, 11, 12(5), 15 -- Termination of mandate of Arbitrator and appointment of a new arbitrator - Earlier Arbitral Tribunal lost its mandate by operation of law in view of S.12(5) read with Seventh Schedule of the Act - Fresh Arbitrator has to be appointed under the provisions of Arbitration Act...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Xerox copy of complaint - Prosecution has nowhere pleaded that original copy of alleged complaint has been destroyed or lost or the party is unable to produce it in a reasonable time - Therefore, prosecution failed to lay down foundation for introduction of a secondary piece of evidence - Even, procedure prescribed u/s..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Where maximum protection as contemplated u/s 50(1) is already provided to accused by securing presence of Gazetted Officer, fact that accused was not informed of his statutory right has lost its significance - There was thus, compliance of S.50(1) of the Act...........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Fatal accident - Reduction of sentence - Accused hit the motorcycle of deceased by coming from wrong side - Two persons have lost their lives and one sustained injuries - It was the accused who solely negligent in causing accident - No case is made out for reduction of sentence - Sentence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused took a specific plea that his cheque book was lost somewhere and cheque leafs were kept signed by him - Therefore, he had lodged an FIR - However, accused did not examine any witnesses to prove the fact that he had in fact lodged an FIR - Accused lied while taking aforesaid plea - In a criminal..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application of accused for examination of cheque through handwriting expert was dismissed - Petitioner from the very beginning contended that cheque is misused by respondent as it was lost in transit - Moreover, if accused is not granted liberty for his possible defence,..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband had lost his job in Qatar and subsequently shifted to India - Although, husband is presently employed but his salary calculated in INR is less than what he was drawing at the time when decree of divorce was passed - Husband has an old ailing mother living with him and he has to take care of her medical..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine herself as his own witness - Case is posted for judgment - Accused sought an opportunity to examine herself and to prove the fact that four cheques were lost and she had to mark `stop payments' instructions to bank - Since..........
Criminal Procedure Code, 1973, Section 144, 145 -- Imposition of prohibitory order - Writ jurisdiction - Nature of dispute between parties appeared to be title and possession - Accordingly parties were given liberty to take recourse before competent Court of law - Impugned order has lost its statutory force u/s 144(4) Cr.P.C - Moreover, Court u/art 226 of Constitution does..........
