Lower Court Records (LCRs) : Send Photocopy / Scanned Copy to Appellate / Revisional Court & Retain Original; SC

Lower Court Records (LCRs) - Wherever original record has been summoned by an appellate / revisional court, photocopy / scanned copy of the same may be kept for its reference and original returned to the trial courts forthwith - if in future the trial court record is summoned, the trial courts may send photocopy / scanned copy of the record and retain the original so that the proceedings are not held up - In cases where specifically original record is required by holding that photocopy will not serve the purpose, the appellate / revisional court may call for the record only for perusal and the same be returned while keeping a photocopy / scanned copy of the same.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

[Adarsh Kumar Goel] and [Rohinton Fali Nariman] JJ.

April 25, 2018

CRIMINAL APPEAL NOS. 1375-1376 OF 2013

ASIAN RESURFACING OF ROAD AGENCY P. LTD. AND ANR. …Appellants

Versus

CENTRAL BUREAU OF INVESTIGATION …Respondent

O R D E R

1. Heard learned counsel for the parties.

2. In view of judgment of three Judge Bench dated 28th March, 2018 and after considering the material on record, we do not find any ground to interfere with the order framing charge.

3. Accordingly, the trial court is directed to proceed with the matter pending before it. All contentions of the parties are left open which may be gone into by the trial court. Parties are directed to appear before the trial court on 14th May, 2018.

4. To give effect to directions in judgment of this Court dated 28th March, 2018, noted above, we direct that wherever original record has been summoned by an appellate/revisional court, photocopy/scanned copy of the same may be kept for its reference and original returned to the trial courts forthwith.

5. We also direct that if in future the trial court record is summoned, the trial courts may send photocopy/scanned copy of the record and retain the original so that the proceedings are not held up. In cases where specifically original record is required by holding that photocopy will not serve the purpose, the appellate/revisional court may call for the record only for perusal and the same be returned while keeping a photocopy/scanned copy of the same.

6. A copy of this order be sent to all the High Courts.

The appeals are disposed of.

Adverse Possession | Ravinder Kaur Grewal v. Manjit Kaur, C.A. No. 7764 of 2014 07-08-2019 SC

SUPREME COURT OF INDIA | Arun Mishra , S. Abdul Nazeer & M.R. Shah C.A. No.7764 of 2014 with S.L.P. (C) Nos. 8332 - 8333 of 2014 Radhakrishna Reddy (d) Through Lrs. v. G. Ayyavoo & Ors. August 07, 2019 Limitation Act, 1963 - Article 65 - Adverse Possession - Plea of acquisition of title by adverse possession can be taken by plaintiff under Article 65 of the Limitation Act and there is no bar under the Limitation Act, 1963 to sue on aforesaid basis in case of infringement of any rights of a plaintiff. A person in possession cannot be ousted by another person except by due procedure of law and once 12 years' period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom he has prescribed. In our opinion, consequence is that once the right, title or interest is acquired it can be used as a sword by the plaintiff as well...

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FIRST LAW

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