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IMPORTANT POINTS
(1) In order to attract Section 51 of T.P. Act, 1882, occupant of land must have held possession under colour of title.
(2) Estoppel – A legal status expressly denied by a statute could not be conferred on the basis of estoppel.
(3) Recovery of possession of land – In absence of any misrepresentation by an act or omission, mere fact that after making objection plaintiff took some reasonable time to approach Court for recovery of possession cannot be a reason to deny him relief him of recovery of possession of encroached land on his establishing his title over it. ,02 Feb 2023
Supreme Court of India
IMPORTANT POINTS
(1) Pay Revision – Whilst fixation of cut-off date for grant of benefits cannot be questioned, what is within domain of court, is to examine impact of such fixation and whether it results in discrimination.
(2) Pay Revision – Employees who secured VRS benefits and left service of MSFC voluntarily during this period, stand on a different footing – They cannot claim parity with those who worked continuously, discharged their functions, and thereafter superannuated. ,02 Feb 2023
Supreme Court of India
IMPORTANT POINT
Every port falling under Indian Port Act and Major Port Act may not be on their own become a customs port – Violation of ‘norms’ would disentitle a person to post facto clearance. ,01 Feb 2023
Supreme Court of India
IMPORTANT POINT
Dishonour of cheque – Offence of dishonour of cheque is fully compoundable. ,01 Feb 2023
Supreme Court of India
IMPORTANT POINT
Availability of an alternative remedy does not operate as an absolute bar to maintainability of writ petition. ,01 Feb 2023
Supreme Court of India
IMPORTANT POINT
Appeal – Limitation – Courts should not be pedantic in their approach while condoning delay, and explanation of each day’s delay should not be taken literally, but there must be reasonable explanation for delay. ,31 Jan 2023
Supreme Court of India
IMPORTANT POINT
Provisions of Order XXI of CPC are applicable to decrees of civil court – They embody a sound policy principle that if amount is deposited or paid to decree holder or person entitled to it, person entitled to amount cannot later seek interest on it. ,31 Jan 2023
Supreme Court of India
IMPORTANT POINT
Bail application – Rigours of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 can be exempted where Petitioner has no criminal antecedents and petitioner has already spent long period in custody. ,31 Jan 2023
Supreme Court of India
IMPORTANT POINTS
(1) Section 482 of Cr.P.C. is designed to achieve purpose of ensuring that criminal proceedings are not permitted to generate into weapons of harassment.
(2) Civil disputes cannot be given cloak of criminal offence. ,30 Jan 2023
Supreme Court of India
IMPORTANT POINTS
(1) Rape – Misconception of fact – There is a difference between giving a false promise and committing breach of promise by accused – It would be a folly to treat each breach of promise to marry as a false promise and to prosecute a person for offence under Section 376 of IPC.
(2) Recording of evidence of witness – If witness gives evidence in language of court, it has to be taken down in that language only – If witness gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of evidence in language of court may be prepared. ,30 Jan 2023
Supreme Court of India
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