3 Important Supreme Court Judgments July 3, 2019

1. Sopanrao v. Syed Mehmood

The Limitation Act, 1963 - Article 65 - Suit for Possession - Merely because one of the reliefs sought is of declaration that will not mean that the outer limitation of 12 years is lost.

Case Number : C.A. No. 4478 of 2007 03-07-2019

Respondent's Advocate : Shakil Ahmed Syed

Bench : Hon'ble Mr. Justice N.V. Ramana, Hon'ble Mr. Justice Deepak Gupta, Hon'ble Ms. Indira Banerjee

Judgment By : Hon'ble Mr. Justice Deepak Gupta

2. Amit Kumar Roy v. Union of India

Army Law - Air Force - A person who has been enrolled as a member of the Air Force does not have an unqualified right to depart from service at his or her will during the term of engagement.

The Air Force Act, 1950 - Sections 13, 14 and 15 - Procedure before enrolling officer - Mode of Enrolment - Validity of Enrolment.

In the present case, the appellant in breach of the provisions contained in AFO 14/2008 applied for the post of a Probationary Officer with the Bank of India, participated in the written test and appeared at the interview without intimation or approval. There was, therefore, a failure of the appellant to comply with his obligations both in terms of his engagement as an enrolled member of the force and in relation to the requirements which were to be fulfilled under the terms of AFO 14/2008.

Case Number : C.A. No. 4606 of 2019 03-07-2019

Petitioner's Advocate : Pooja Dhar

Bench : Hon'ble Dr. Justice D.Y. Chandrachud, Hon'ble Mr. Justice Hemant Gupta

Judgment By : Hon'ble Dr. Justice D.Y. Chandrachud

3. State of Meghalaya v. All Dimasa Students Union Hasao District Committee

Environmental Law - Natural resources of the country are not meant to be consumed only by the present generation of men or women of the region where natural resources are deposited. These treasures of nature are for all generations to come and for intelligent use of the entire country. The present generation owes a duty to preserve and conserve the natural resources of the nation so that it may be used in the best interest of coming generations as well and for the country as a whole.

Case Number : C.A. No. 10720 of 2018 03-07-2019

Petitioner's Advocate : Avijit Mani Tripathi

Bench : Hon'ble Mr. Justice Ashok Bhushan, Hon'ble Mr. Justice K.M. Joseph

Judgment By : Hon'ble Mr. Justice Ashok Bhushan

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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