Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of payee - Complaint filed by his son - Non mention in complaint (1) as to when payee died; (2) Except in title nowhere stated by complainant how is entitled for the cheque amount; (3) Who are the legal representatives of deceased; (4) Whether prior to death any Will was executed by deceased or..........
Evidence Act, 1872, Section 65 -- Secondary evidence - If documents appear to be in possession of the opposite party then secondary evidence can be allowed - Bare denial by the opposite party that it did not have the original document does not disentitle the plaintiff to prove his title by way of secondary evidence - Evidentiary value and weight of evidence led as..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Plaintiff in possession - Interference by defendant in the physical possession of suit property - Possession substantiated by documentary proof executed in favour of plaintiff viz. General Power of Attorney, Deed of Agreement, Will, Receipt and Affidavit - In a suit for injunction question of title does not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife and minor son - Minor son not a party to the proceedings - Held, if wife has no independent income or support and for litigation expenses and also maintaining her minor child, her right to claim maintenance includes the right to claim maintenance of minor child - It is immaterial if there is absence..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Tenant purchased property and seeking amendment to incorporate the fact in written statement - If tenant himself purchases the suit property then landlord who filed the suit cannot seek eviction from such tenant who has purchased the property itself - By allowing amendment..........
Transfer of Property Act, 1882, Section 106 -- Sale of property after issuance of notice u/s 106 TPA - Suit filed on the basis of notice issued by erstwhile owner is maintainable as when right, title and interest in immovable property stands transferred then successor in interest is entitled to the rights of the predecessor...........
Specific Relief Act, 1963, Section 34 -- Title suit against Govt. - Difference between suit against Govt. and a private individual - First difference is as regards presumption available in favour of Govt. - All lands which are not the property of any person or which are not vested in a local authority, belong to the Govt. - All unoccupied lands are the property of the..........
Specific Relief Act, 1963, Section 34 -- Title suit against Govt. - Decree can be granted only when : (1) plaintiff produces title deeds tracing the title for a period of more than thirty years; (2) when plaintiff establishes his adverse possession to the knowledge of the government for a period of more than thirty years, so as to convert his possession into title -..........
Specific Relief Act, 1963, Section 34 -- Title suit against Govt. - Weakness of government's defence or absence of contest - Not sufficient to decree declaratory suits against the government - It is for the plaintiff to establish his title to the suit property...........
Adverse possession -- Against Govt. - Should be for a period of more than thirty years - Possession of claimant must be actual, open and visible, hostile to the owner i.e. necessarily with the knowledge of the owner and continuous during the entire period - It should be adequate in continuity, publicity and in extent - Mere vague or doubtful assertions that claimant is in..........
