AI Overview...
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Existence of a Right of Way - The courts have held that the existence of a right of way cannot be strictly regarded as a condition or incident, but rather as a legal right that may be subject to dispute and require proper inquiry. Several cases emphasize that courts must verify the existence of such rights through appropriate proceedings, especially when contested. Failure to do so can render subsequent proceedings without jurisdiction or invalid. Pran Nath Mitter VS Haro Mohun Roy Churamoni - Calcutta, Hara Mohan Rai Churamoni VS Pran Nath Mitter - Calcutta, Thaneswar Bora VS Kumud Sarmah - Gauhati, State Of Karnataka VS Hanumanthappa Kariyappa Talawar - Madras, Rukmini Raman Singh VS Herdeo Mandal - Patna, SARWAN KUMAR SHARMA VS RAGHUNANDAN SAO - Patna
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Public Rights - The existence of public rights, such as public access or use, must be established through proper enquiry by the Magistrate. Denial of such rights by parties necessitates an investigation before a decision on merits, particularly under criminal procedure provisions. Magistrates are mandated to hold inquiries when public rights are contested to avoid premature judgments. G. B. Jain and Sons VS State of Rajasthan - Crimes, Thaneswar Bora VS Kumud Sarmah - Gauhati, SARWAN KUMAR SHARMA VS RAGHUNANDAN SAO - Patna
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Fundamental Rights and Life - The right to life, as a fundamental right under Article 21 of the Constitution, includes the right to live with dignity and access to medical care. The state and authorities are obliged to take due care to protect this right, and failure to do so violates constitutional guarantees. Rabindranath Mohapatra VS State of Orissa - Orissa
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Right of Private Defense - The exercise of the right of private defense can justify acts resulting in death, provided the accused proves its existence. Courts assess whether the accused established the right, and the burden of proof lies on the defendant to demonstrate that their actions were in exercise of this right. MADAN CHANDRA DUTTA VS STATE OF ASSAM - Gauhati
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Rights in Hindu Law - The existence of a Mitakshara joint Hindu family is a prerequisite for certain rights, such as those conferred on daughters as coparceners, to be applicable. The law clarifies that such rights do not affect existing dispositions or partitions if the joint family exists at the relevant time. Pramila Pradhan VS Sumanta Sekhar Pradhan - Orissa
Analysis and Conclusion:
The overarching theme across these sources is that the existence of a legal right—whether of way, public right, or personal defense—is a matter requiring proper legal inquiry and verification. Courts and authorities are mandated to establish the existence of such rights through appropriate proceedings, ensuring that rights are recognized and protected in accordance with law. The recognition of these rights depends on their substantiation, proper jurisdiction, and adherence to procedural requirements.
Search Results for "Existence of a Right"
1899 0 Supreme(Cal) 207 • India - Calcutta
WILKINS, RAMPINI
The dispute is as to the existence of a right of way between two neighboring tenants. ... Finding of the Court: The court held that the existence of a right of way cannot be regarded as a condition or incident ... Issues: 1) Whether the Settlement Officer was justified in recording the existence of the alleged right of way, as it is not ... We consider that the existence of a right of way cannot be regarded, strictly speaking, as a condition or in....
1968 0 Supreme(Pat) 192 • India - Patna
KANHAIYAJI
COURT DECIDES EXISTENCE OF RIGHT - FAILURE TO DO SO RENDERS SUBSEQUENT PROCEEDINGS WITHOUT JURISDICTION. ... The Magistrate failed to inquire into the denial and proceeded to decide the existence of the right, taking evidence and ultimately ... Petitioners appeared in response to a conditional notice under Section 133 of the Criminal Procedure Code (CrPC) denying the existence ... It is apparent, however, that the Magistrate has taken evidence with regard to the existence of the public....
• India - Crimes
G.L.GUPTA
. - Whether they denied existence of public right? ... - Provision regarding questioning to petitioner is not mandatory - Petitioner had pleaded denial of existence of any public right ... in support of denial of existence of public right - It is mandatory for Magistrate to hold enquiry and if Magistrate straightway ... P.C. that (High Courts Section) whether they denied the existence of public right. It was also not disputed that the Magistrate did ....
1899 0 Supreme(Cal) 206 • India - Calcutta
The dispute is as to the existence of a right of way between two neighboring tenants. ... Tenancy - Settlement Proceedings - Sections 102(h), Chapter X of Act VIII of 1885 - The court held that the existence of a right ... Finding of the Court: The court held that the existence of a right of way cannot be regarded, strictly speaking, as ... We consider that the existence of a right of way cannot be regarded, strictly speaking, as a condition or inc....
1986 0 Supreme(Gau) 47 • India - Gauhati
K.LAHIRI
If the opposite party denies the existence of public right, the Magistrate cannot decide the issue on merit without holding an enquiry ... that the Magistrate assumed jurisdiction to decide the merits of the case under Section 138 without holding an enquiry into the existence ... provisions of Section 137(1) of the Criminal Procedure Code by not asking the members of the opposite party whether they denied the existence ... evidence in support of such denial "the Magistrate shall stay the proceeding until the matter of th....
1995 0 Supreme(Mad) 284 • India - Madras
M.B.VISHWANATH, M.M.MIRDHE
of private defense - In absence of such existence right can not be exercised for causing of death of another. ... sustained injuries but his apprehension that his life as well as lives of his family members are at stake is sufficient to exercise right ... While assessing the plea of right of self-defence the Court is not required to find whether the defence has proved its plea of right of self-defence beyond all the reasonable doubts. ... It is not necessary that for the exercise of the right#....
1972 0 Supreme(Pat) 238 • India - Patna
B.D.SINGH
CRIMINAL PROCEDURE CODE - SECTION 139A - ENQUIRY INTO EXISTENCE OF PUBLIC RIGHT - MAGISTRATE'S JURISDICTION TO CONTINUE PROCEEDINGS ... Fact of the Case: In a proceeding under Section 133 of the Code of Criminal Procedure, the petitioners denied the existence ... 139A of the Code of Criminal Procedure by not referring the matter to a competent Civil Court after the petitioners denied the existence ... a character that prima facie it may appear that there is some substantial basis of the claim of the person denying the ....
2016 0 Supreme(Ori) 53 • India - Orissa
B.R.SARANGI
does not mean a mere animal existence Right to life includes the right to Medical care - Due care has not been taken by the Police ... to life being a fundamental right enshrined under Art. 21 of the Constitution clearly indicates that right to live with dignity ... something, which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do - Right ... Right to life being a fundamental right enshr....
1976 0 Supreme(Gau) 36 • India - Gauhati
K.LAHIRI, BAHARUL ISLAM
TO ACQUITTAL IF HE CAUSED DEATH IN EXERCISE OF RIGHT OF PRIVATE DEFENCE - BURDEN OF PROOF ON ACCUSED TO ESTABLISH EXISTENCE OF RIGHT ... Issues: Whether the appellant had established the existence of the right of private defense. ... Finding of the Court: The court found that the appellant had established the existence of the right of private defense ... The law is well settled that when an accused takes the plea of the right of private defence, t....
2014 0 Supreme(Ori) 266 • India - Orissa
B.K.NAYAK
the applicability of this new provision is that on the date of its commencement there must be a Mitakshara Joint Hindu family in existence ... - Right conferred on the daughter as a coparcener shall not affect or invalidate any disposition or alienation including any partition ... Thus, subsection (1) envisages existence of a Joint Hindu Family, when the amendment came into force and right of the daughter in the HUF coparcenery is to be determined if HUF is in existence. ... If Joint Hindu Family is in ....
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