some important cases by Supreme Court

Adverse possession - Person claiming adverse possession is required to establish (1) the date on which he came in possession; (2) nature of possession; (3) the factum of possession; (4) knowledge to the true owner; (5) duration of possession and (6) possession was open and undisturbed. 2011(1) Civil Court Cases 699 (S.C.)

Arbitrator - Can itself decide the issue as to existence of arbitration agreement when proceedings are initiated before a nominated arbitral Tribunal. 2011(1) Civil Court Cases 800 (S.C.)

Arbitrator - Existence of an arbitration agreement questioned - If answer is in the affirmative only then an Arbitrator can be appointed. 2011(1) Civil Court Cases 800 (S.C.)

Court while exercising power u/s 482 or exercising revisional jurisdiction u/s 397 Cr.P.C. can look into uncontroverted documents, placed on record by accused, which on the face of it are beyond suspicion or doubt. 2011(1) Criminal Court Cases 740 (S.C.)

Dishonour of cheque - Exemption from person appearance - It is discretion of Court to exempt an accused from personal appearance. 2011(1) Criminal Court Cases 697 (S.C.)

Dishonour of cheque - Exemption of personal appearance - It is discretion of Magistrate to dispense with the rigour of personal examination of the accused u/s 313 of the Code as well. 2011(1) Civil Court Cases 729 (S.C.)

Dishonour of cheque - Personal examination of accused u/s 313 Cr.P.C. can be dispensed with whose personal appearance has been dispensed with. 2011(1) Criminal Court Cases 697 (S.C.)



Hindu Law - No evidence that property was inherited or joint - Same has to be held to be self acquired property. 2011(1) Civil Court Cases 641 (S.C.)

Inherent power of Court - Every procedure is permitted to the Court for doing justice unless expressly prohibited and not that every procedure is prohibited unless expressly permitted. 2011(1) Civil Court Cases 717 (S.C.)

Jurisdiction - A case cannot be transferred when filed in a Court having no jurisdiction at all to hear it. 2011(1) Apex Court Judgments 424 (S.C.)

Notice - Sent under postal certificate - No allegation that postal certificate was procured - Presumption is that notice was duly served. 2011(1) Civil Court Cases 650 (S.C.)



Specific performance - Ready and willing - Words "ready" and "willing" imply that the person was prepared to carry out the terms of the contact - Distinction between the two is that the former refers to financial capacity and the latter to the conduct of the plaintiff wanting performance - Generally, readiness is backed by willingness. 2011(1) Civil Court Cases 846 (S.C.)



Withdrawal of withdrawal application to withdraw the suit is maintainable. 2011(1) Civil Court Cases 717 (S.C.)