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Showing posts from January, 2021
It is not provided by law that the date of birth entered in an Adhaar Card would be conclusive
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Defendant has right to raise objection as to undervaluation of the suit which has to be decided as preliminary issue by the Court
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court can not direct filing of written statement without deciding application for rejection of plaint
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In cheque dishonour case, first notice will constitute cause of action if second notice was given beyond limitation
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Question of sale deed being null and void, emerging out of matrimonial relationship can be decided only by Family Court
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compulsory registration of a family settlement would depend on whether document in dispute: (A) created or transferred for the first time a right in immovable property, or, (B) was a memorandum which only recorded pre-existing rights in immovable property or arrangement(s) or terms already settled between the parties in respect of immovable property
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Mutation entries do not by themselves confer title.
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Son entitled to sue for partition of properties, inasmuch as they were alloted to his father at partition
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The unilateral cancellation of the settlement deed made by the first and second respondents is bad,
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A Deed of Cancellation of a sale unilaterally executed by the transferor does not create, assign, limit or extinguish any right, title or interest in the property and is of no effect. Such a document does not create any encumbrance in the property already transferred
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Person seeking injunction should establish three aspects a) he has prima facie case b) balance of convenience in his favour c) Status quo should be maintained -
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Suit for permanent injunction against dead person - The impleadment of the petitioners in the bare injunction suit is not proper.
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Fresh proclamation - If sale adjourned by more than 30 days- violation - sale set aside.
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Dismissal of a suit for specific performance
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wife can't demand partition of joint family property when her husband is alive
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Dishonour of a cheque on the ground that the account has been closed is a dishonour falling in the first contingency referred to in Section 138, so also dishonour on the ground that the “signatures do not match” or that the “image is not found”, which too implies that the specimen signatures do not match the signatures on the cheque would constitute a dishonour within the meaning of Section 138 of the Act.”
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Cheque dishonoured with bank endorsement 'account closed' - It would be an offence under S. 138 of Negotiable Instruments Act
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Even stop payment instruction issued by the Drawer to the Bank would attract Section 138 of the Negotiable Instruments Act
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The Court has to presume, in a complaint under Section 138, that the cheque had been issued for a debt or liability.
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The Court has to draw a presumption that the holder of the cheque received the cheque for discharge of a debt or liability until the contrary is proved
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The burden of proving non-existence of any debt or liability is on the accused and the same has to be discharged at the time of trial.
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CIVIL PROCEEDINGS AND CRIMINAL PROCEEDINGS CAN PROCEED SIMULTANEOUSLY
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mortgagee in possession cannot be permitted to lay money in increasing the value of the land
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Application to transmit decree allowed ex parte - Challenge - No notice is required to be served on JD prior to transmit decree.
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Substituted service effected without following rule 20 of order 5 of CPC, is exception to the normal mode of service and the mere publication can't be deemed to be proper service in law.
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simultaneous execution proceeding in more places than one is possible but the power is used sparingly in exceptional cases by imposing proper terms
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simultaneous execution proceeding in more places than one is possible but the power is used sparingly in exceptional cases by imposing proper terms
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THE law does not prevent simultaneous execution of decree in more courts than one,
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The decree in respect of several door numbers - they can be executed against any person - the temple has rightly filed two execution petitions. - execution to be applied simultaneously. - Application under section 47 can't be put to trial if they are frivolous.
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legally wedded wife entitled to seek details of income tax returns of her husband under the RTI Act
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An exparte order of arrest of the Judgment Debtor without properly ascertaining his means to pay has been set aside
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Executing Court shall hold an enquiry and give finding as to current means of judgment-debtor to discharge decree before the order of arrest - Order passed without conducting such enquiry and without following such procedure bad in law and set aside.
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The decree holder is at liberty to seek for any mode of relief which is easier for him to recover the decree amount
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Decree-holder has got right to choose the mode of execution of a decree - the decree-holder cannot be compelled to chose a particular mode of execution
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It is for the decree-holder to decide and choose the mode of execution and he cannot be compelled to go in for a particular mode of execution
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EXECUTION - ATTACHMENT - A'S PROPERTY ATTACHED BY "B" IN AN EXECUTION PROCEEDING . AFTER ATTACHMENT 'A' SOLD THE PROPERTY TO "C" - HELD, REGISTRATION OF ANY SALE DEED SUBSEQUENT TO ATTACHMENT OF PROPERTY BY COURT WOULD HAVE NO EFFECT
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The interim order of injunction did not revive on restoration of the suit. - if the court intends to revive such interlocutory orders an express order to that effect should be passed.
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Simultaneous execution of one and same decree at two different Courts was maintainable
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