2 Important Supreme Court Judgments Pronounced Today [Tuesday, July 16, 2019]

1. Badru (Since Deceased) Through Lrs. Hari Ram v. NTPC Limited (formerly National Thermal Power Corporation Limited)

The Land Acquisition Act, 1894 - The Code of Civil Procedure, 1908 - Order 41 Rule 22 - Rejection of cross objection without any discussion and reason cannot be countenanced.

Case Number : C.A. No. 5557 - 5559 of 2019 16-07-2019

Petitioner's Advocate : Radhika Gautam

Bench : Hon'ble Mr. Justice Abhay Manohar Sapre, Hon'ble Ms. Justice Indu Malhotra

Judgment By : Hon'ble Mr. Justice Abhay Manohar Sapre

2. State of M.P. v. Dungaji (d) By Lrs.

The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 - As per Section 46 of the Act 1960 there shall be a complete bar against maintainability of the suit challenging the decision of the Competent Authority.

Case Number : C.A. No. 11326 of 2011 16-07-2019

Petitioner's Advocate : Harsh Parashar

Bench : Hon'ble Mr. Justice Arun Mishra, Hon'ble Mr. Justice S. Abdul Nazeer, Hon'ble Mr. Justice M.R. Shah

Judgment By : Hon'ble Mr. Justice M.R. Shah

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Presumptions are the Bats of the Law, Flitting in the Twilight, but Disappearing in the Sunshine of Actual Facts [ORDER]

Negotiable Instruments Act, 1881 - Section 138 - failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

500+ Supreme Court of India Judgments on Motor Vehicles Act, 1988 with Head Notes & Citations

1. Mallamma (dead) By Lrs. Vs. National Insurance Co. Ltd. [07-04-2014]

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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