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Judgements

Presumption of title as a result of possession of Land (2017-03-29)

Land Encroachment Act, 1905; S. 6, 7 – Evidence Act, 1872; S. 90, 110 – Presumption of title as a result of possession, can arise only where facts disclose that no title vests in any... Read More

Recording of Barga (2014-04-11)

West Bengal Land Reforms Act, 1955 ----- Recording of Barga ---- Held that in order to establish bargadar in the land of another person, the Bargadar must prove the following : - 1. that he himself... Read More

West Bengal Land Reforms Act, 1955 ----- Recording of Barga ---- Held that in order to establish bargadar in the land of another person, the Bargadar must prove the following : -
1. that he himself is cultivating land from his own sources;
2. that he shares crops with the land owner, in the proportion provided in the Act and such factum of sharing of crops must be established by documentary evidence, namely receipt;
3. that in case of refusal to accept the share crops by the land owner, he must deposit the same to the credit of the land owner with the concerned Block Land and Land Reforms Officer and obtain a receipt;
4. that in case of refusal to grant receipt against tendering of share crops, the bargadar has to lodge a complaint before the Magistrate under Section 19A (2A) of the West Bengal Land Reforms Act.

West Bengal Land Reforms Act, 1955. S. 19A (2A) ----- Lodging of complaint ----- Held: therein that lodging of such complaint, prima facie establishes the fact of refusal to grant receipt as Section 19A (2A) of the West Bengal land Reforms Act provides that refusal to grant receipt is a punishable offence and the same is cognizable also. Therefore, the importance of issuance of receipt is well‐understood.

West Bengal Land Reforms Act, 1955; S. 18 ----- Recording of Barga ---- Standard of proof ----- Held: though laws of evidence is not strictly applied in such proceeding but the basic facts regarding cultivation of the petitioners’ land by the respondent No.7 and sharing of produce between them in the same proportion as mentioned in the said Act arerequired to be proved by substantive evidence.

West Bengal Land Reforms Act, 1955; S. 18 ------ Refusal by landowner to accept the share of produce ---- Duty cast upon claimed Barga ----- He should intimate the B.L. & L.R.O. and must deposit the share of crop with the Revenue Officer against receipt ----- Issuance of notice to the Land owners regarding deposit of such share of crops ----- Intimation given to the Pradhan about the refusal to accept the share of the produce by the petitioner, cannot be regarded as due compliance of the provision contained in Section 18 of the West Bengal Land Reforms Act, 1955

Whether land owner who entered into agreement with Developer for development of property is a consumer (2016-07-22)

Consumer Protection Act, 1986; S. 2(1) (d) ----- Whether land owner who entered into agreement with Developer for development of property is a consumer ------ What is required to be scrutinised... Read More

Right to maintenance for a daughter after attaining majority (2016-03-17)

Code of Criminal Procedure, 1973; S. 125 ------ Right to maintenance for a daughter after attaining majority ----- Held: the right of a girl for maintenance from parents after attaining majority till... Read More

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Evidence Act, 1872; S. 65 (C) and (f) – Admissibility of public document – Secondary evidence of content of document when the original public document is lost or destroyed – Held:... Read More

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Hindu Marriage Act, 1955; S. 13 - Whether the award of permanent alimony of Rs.15,00,000/- by the Family Court to the respondent(wife) was legally and factually sustainable -- Held:... Read More

Right of Court to put question (2018-04-13)

Evidence Act, 1872; S. 165 – Right of Court to put question – Held: Court has a right to ask the party even relevant or irrelevant questions and the parties or their counsel cannot raise... Read More

Wife must prove that she is being unable to maintain herself (2014-10-28)

Code of Criminal Procedure, 1973; S. 125 – Precondition for grant of maintenance -- Inability to maintain herself is the pre-condition for grant of maintenance to the wife -- The wife must... Read More

Order obtained by fraud (1993-10-27)

Practice and Procedure – Order obtained by fraud – Suppression of execution of two deeds before the Court – Held: Non-production and even non-mentioning of the release deed at the... Read More

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

Indian Succession Act, 1925; Ss. 281, 282 -- Whether execution of will in English can be doubted on ground that testator was not knowing English language ----- Held: The lack of knowledge of English... Read More

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Judgements

Presumption of title as a result of possession of Land (2017-03-29)

Recording of Barga (2014-04-11)

Whether land owner who entered into agreement with Developer for development of property is a consumer (2016-07-22)

Right to maintenance for a daughter after attaining majority (2016-03-17)

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Right of Court to put question (2018-04-13)

Wife must prove that she is being unable to maintain herself (2014-10-28)

Order obtained by fraud (1993-10-27)

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

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Judgements

Presumption of title as a result of possession of Land (2017-03-29)

Recording of Barga (2014-04-11)

Whether land owner who entered into agreement with Developer for development of property is a consumer (2016-07-22)

Right to maintenance for a daughter after attaining majority (2016-03-17)

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Right of Court to put question (2018-04-13)

Wife must prove that she is being unable to maintain herself (2014-10-28)

Order obtained by fraud (1993-10-27)

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law