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Adverse Possession of Property (2017-04-18)

Limitation Act, 1963; S. 27— Limitation Act, 1963; Art. 65 and 66 -- Adverse Possession -- It is a settled principle of law of adverse possession that the person, who claims title over the... Read More

Anti suit Injunction (2018-04-17)

Anti Suit Injunction -- An anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction. The principles governing grant of... Read More

Exclusion of provision for anticipatory bail will not apply when no prima facie case is made out (2018-03-20)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act), S. 3(1)(ix), 3(2)(vi) and 3(2)(vii) read with 18 ------ Whether there is an absolute bar to the... Read More

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

Power of Attorney Act, 1882; S. 1A , 2 ------ Transfer of Property Act, 1882 : Validity and legality of SA/GPA/WILL transaction ----- A power of attorney is not an instrument of transfer in regard to... Read More

Can illegitimate child succeed mothers property (1964-03-13)

Hindu Succession Act, 1956; -- Whether illegitimate son/daughter does not succeed his/her mother's property -- The normal rule of construction of the words "child" "son" or... 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

Grant of Bail (2017-08-21)

Code of Criminal Procedure, 1973; S. 439 ----- Grant of Bail ----- The court granting bail should exercise its discretion in a judicious manner and not as a matter of course ---- Though at the stage... Read More

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Evidence Act, 1872; ----- Whether Whatsapp forward can be treated as document as per Evidence Act ----- Held: Annexure - A does not even qualify as a document in terms of the Evidence Act, 1872, in... Read More

Rejection of Insurance claim : Insurance by home loan borrower (2018-02-16)

Consumer Protection Act, 1986; Rejection of Insurance claim – Insurance by home loan borrower – On 29.09.2008 premium was deducted from loan account towards Insurance company -- Proposal... Read More

Surrender of Passport in Public interest (1978-01-25)

Passport Act, 1967; S. 10(3) (C ) – Constitution of India; Art. 19 and 21 -- Facts of the Case : Maneka Gandhi was issued a passport on 1/06/1976 under the Passport Act 1967. The regional... Read More