Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land can only be claimed as a customary right and it cannot be treated as an easmentary right - In order to prove the customary right, the plaintiffs must produce cogent evidence to establish that they have been enjoying such a right from time immemorial...........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Accused admittedly availed the credit facility to the tune of Rs.77 lakhs from complainant bank and in order to repay the sum he issued two cheques which got dishonoured - He admitted his signatures on the cheques in question - However, accused had not even sent any reply notice though she was in..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application rejected by trial Court on the ground that no reason has been given as to why documents could not be produced earlier at the time of filling of suit - Trial Court is proceeding in a totally unjustified and hasty manner without making any real effort to afford due opportunities to parties..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Inadvertent omission in the memo of parties - First appellate Court has erred in failing to notice that there was only an inadvertent omission in the memo of parties prepared by trial Court - However, First appellate Court could have either itself ordered the correction memo of parties of trial Court or directed..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Drill of S.202 Cr.P.C is mandatory in nature - Summoning order passed without following drill of S.202 Cr.P.C. set aside - Matter remanded...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Petitioner was aware of proceedings, as he earlier filed application for setting aside ex parte decree and remained unrepresented - Application was dismissed for non-prosecution and eviction order was passed - Grounds taken for setting aside ex parte decree that he was not aware of ex parte..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Order dismissing application of accused to adduce defence witness - Said order is not interlocutory order, as it is a final order by which further right of accused to adduce further evidence has been finally closed - Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
