Thursday, 24 April 2014

Whether delegate can further delegate his powers?

Supreme Court: The bench comprising Gyan Sudha Misra and Kurian Joseph, JJ, addressing the applicability of the maxim 'Delegatus Non Potest Delegare' to legislative and non-legislative conferred powers and the exceptions therein, delineated the difference between delegation of legislative and
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Whether executing court can enlarge time which is fixed in compromise decree?

Shivshankar Gurgar v. Dilip, (2014) 2 SCC 465
  Ss. 148, 47 and Or. 23 R. 3 - Applicability of - Court's power thereunder in relation to enlargement of time - Held, can be
exercised only in respect of the period fixed or granted by the court - Thus, where the stipulation in compromise decree
was that the judgment-debtor was required to make payment of money within a specified period was a stipulation by
agreement between the parties concerned and it was not a period fixed by the court, held, S. 148 CPC could not be
invoked in relation to said period - Hence original compromise decree restored and eviction directed in terms thereof, 
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What is meaning of expression 'Title'?

 The word 'Title' includes a right, but is the more general word. Every right is a title though every title is not such a right for which an action lies. Blackstone defines it to be "The means whereby the owner of lands has the just possession of his property.""TITLE" is the means whereby a person's right to property is established. (See: P.Ramanatha Aiyar's the Law Lexicon - 1997 Edition).

Andhra High Court
Union Of India (Uoi) Represented ... vs Vasavi Cooperative Housing ... on 6 September, 2002
Equivalent citations: 2002 (5) ALD 532, 2002 (5) ALT 370

Bench: B S Reddy, G Rohini
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Procedure to be adopted for proving title in suit property

 Section 13 of the Indian Evidence Act, 1872 provides the mode and proof of title. It states that where the question is as to the existence of any right or custom, following facts are relevant:
(a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from.

A Division Bench of the Madras High Court in Rama Iyengar V. Kasinivenda Iyengar21 observed that "transactions by a party dealing with the property to which he lays a claim, are important evidence of his title and sometimes they constitute the only evidence available."

Andhra High Court
Union Of India (Uoi) Represented ... vs Vasavi Cooperative Housing ... on 6 September, 2002
Equivalent citations: 2002 (5) ALD 532, 2002 (5) ALT 370

Bench: B S Reddy, G Rohini

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