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In spite of service of notice - failure to raise such objection it was not permissible for the judgment-debtor to raise such objection at a later stage - It amounts to constructive res judicata.

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In spite of service of notice - failure to raise such objection it was not permissible for the judgment-debtor to raise such objection at a later stage - It amounts to constructive res judicata.

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Registration of sale deed - Refusal - Ground that original parent document not produced - Not proper

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Obstructor's Claims Over Decree Property Must Be Determined In Execution Proceedings And Not In Separate Suit

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Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits

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Defendant Who Refused Summons Not Entitled To Seek Setting Aside Of Ex-Parte Decree.

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None of the provisions of the Act or the Rules contemplate the Registrar to require the production of original title deeds.

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Sterlite Protest - 70 criminal case - No bar for Enrollment as Advocate

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Offence of illegal transportation of liquor - vehicle kept in premises of Police Station - every possibilityfor damage of vehicle to exposure to sun and rain - Authority directed to release vehicle pending appeal.

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Excavated material has been used by petitioner for purposes of filling up or levelling purposes as digging of earth is inbuilt in course of building operations - Said activity cannot be characterized as one of excavation of minor minerals and more particularly there was no commercial exploitation of excavated earth involved

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Vehicle seized for carrying liquor without any pass or permit - Petitioner is owner of vehicle - If vehicle kept unused thenit will become useless - No prejudice would be caused to prosecution on release of vehicle -

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Sanction to prosecute - Order granting or refusing sanction - on same materials - No ground to review or reconsider earlier order refusing to grant sanction.

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Sanction to prosecute - Competent authority - Power to review earlier order - Cannot be exercised on same material

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Sanction for prosecution - Refused by Competent Authority- Cannot be reviewed on recommendation of Central Vigilance Commission, to grant sanction subsequently - Once sanction order is refused, in absence of fresh material, it cannot be reviewed or reconsidered.

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Execution of Arbitration award procedure of execution of decree has to be followed - Execution therefore can be sought at any place in country - Refusal to execute award on ground of want of jurisdiction, improper.

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Applicationto set aside cannot be moved without deposit of 75% of awarded amount - If application is for obtaining stay of award u/S. 34 of Act of 1996, furnishing of security not required in view of exemption under O.27, R. 8-A.

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Res Judicata applies to a subsequent suit and does not apply to applications in execution - Res Judicata is made applicable to execution proceedings is that a party should not been titled to reagitate a question once decided.

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If a point, which ought to have been raised, is not raised at the appropriate stage then it would be deemed to have been decided against the person

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simultaneous execution praying for the attachment of propertyas well as for the arrest of the judgment-debtor - Maintainable - objection which could have been raised by the judgment-debtors at the time of filing the execution - not having been raised, that plea could not be raised by reason of principles of constructive res judicata

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Suit against company - Should befiled in place where registered office of company is situate - Suit filed in place where plaintiff shareholders were residing and injunction granted without notice to company - Improper.

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There is a presumption that a registered document is validly executed - The onus of proof, thus, would be on a person who leads evidence to rebut the presumption.

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Plea that decree passed in earlier proceedings was collusive - That it would not operate as resjudicata - Can be raised in latter proceedings - Filing of separate suit for declaration that decree was collusive - Not a condition precedent for raising such plea.

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When a fraud is practiced on a court, the same is rendered a nullity. In a case of nullity, even the principles of natural justice are not required to be complied with.

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Fraud vitiates all solemn acts - An order is obtained by reason of commission of fraud, even the principles of natural justice are not required to be complied with for setting aside the same

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suit filed to declare that the order passed by Debts Recovery Tribunal, Chennai, in respect of the plaintiff's property is nullified and not binding the plaintiff is maintainable - plaintiff also sought injunction and partition, reliefs have to be adjudicated only by Civil Court

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suit filed to declare that the order passed by Debts Recovery Tribunal, Chennai, in respect of the plaintiff's property is nullified and not binding the plaintiff is maintainable - plaintiff also sought injunction and partition, reliefs have to be adjudicated only by Civil Court

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Documents can be directly produced at stage of cross-examination of a witness who is not a party to suit, to confront witness for refreshing his memory without seeking prior leave of Court.

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suit for specific performance of a contract for sale of land is a suit for enforcement of the terms of the contract, therefore, cannot be treated as a suit for land.

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Suit to enforce mortgage - Property mortgaged situated at Ajmer - Bombay City Civil Court can entertain a suit with regard to a mortgage if the property, the subject-matter of the mortgage, is situated outside its jurisdiction.

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Suit for recovery of amount due on mortgage property situated outside territorial jurisdiction of Madras High Court - It is not a suit for land - Leaveto file suit granted.

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plaintiffs are merely seeking creation of charge over the property, situated outside the jurisdiction, without seeking possession or title to the property, therefore, the suit, as framed, cannot be said to be a suit for land.

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when a fraud is practiced on a Court, the order so obtained is rendered a nullity. In a case of nullity, even the principles of natural justice are not required to be complied with

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No court will allow itself to be used as an instrument of fraud and no court, by way of rule of evidence and procedure, can allow its eyes to be closed to the fact it is being used as an instrument of fraud. The basic principle is that a party who secures the judgment by taking recourse to fraud should not be enabled to enjoy the fruits thereof

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Order obtained by practising fraud - Every Court/Tribunal has power to recall such order -

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Judgment obtained by playing fraud - Enquiry into question whether fraud was played - Permissible .

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By reason of commission of a fraud, a decree is rendered to be void rendering all subsequent proceedings taken pursuant thereto also nullity.

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suit filed to declare that the order passed by Debts Recovery Tribunal, Chennai, in respect of the plaintiff's property is nullified and not binding the plaintiff is maintainable. - which is alleged to have been obtained by playing fraud on the Tribunal - civil suit is maintainable.

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Judgment, decree or order obtained by playing fraud on the Court, Tribunal or Authority is a nullity and non est in the eye of law. Such a judgment, decree or order by the first Court or by the final Court has to be treated as nullity by every Court, superior or inferior. It can be challenged in any court, at any time, in appeal, revision, writ or even in collateral proceedings.

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Even after a compromise has been recorded, The Court concerned can entertain an application under S.151 of the Code, questioning the legality or validity of the compromise

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compromise cannot be attacked by the allegations that it is a voidable compromise brought about by fraud, undue influence and duress

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Compromise Decree under Order 23 Rule 3 of Civil Procedure Code can only be set aside in separate suit or proceedings on the ground that the consent has been obtained by fraud or coercion

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Compromise decree - party could not be permitted to question the compromise on the ground of fraud or undue influence.

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The denial of landlord's title by the tenant is not bonafide the default in payment of rent to the landlord by the tenant is wilful

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The question of title of the landlord need not be gone into in a proceedings under the Rent Control Act

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Express stipulation in the contract that time is essence of contract - non performance within time also stipulated - Vendor had very right to cancel the contract and raise defence that time is essence of contract.

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It is settled law that the fixation of the period within which the contract has to be performed does not make the stipulation as to time the essence of the contract

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Benami Transactions (Prohibition) Act would not only prospective effect and it would apply retrospectively

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Court has inherent power especially under Section 151 of the Code of Civil Procedure to recall its judgment or order if it is obtained by playing fraud on court and that in the case of fraud on a party to the suit or proceeding, court may direct the affected party to file a separate suit to set aside the decree obtained by fraud

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An order is obtained by playing fraud on court, the party affected can move application in the very same court to recall the order

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when the plaintiff has approached the court by committing suppression and fraud, the court can redress the grievance of the petitioner by exercising the power under Article 227 of the Constitution of India to strike off the plaint

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Suit for sale of mortgaged property - No order of attachment of mortgaged properties could again be passed.

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Without obtaining sale deed appellant rushed to direct respondents to index award in encumbrance certificate - award in question does not create or declare any right, title or interestof appellant on immovable property - S. 89 (2) of .RegistrationAct would be attracted only if there is certificate of sale

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Enforcement of arbitral award - Against Foreign State - Prior consent of Central Government is not necessary under S.86(3) of CPC to enforce arbitral award against Foreign State

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Commencement of time to execute Award - Time to apply for setting aside of award still not expired - award-holder cannot seek enforcement of award.

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Suit for partition of tenancy rights - Maintainability -Joint tenants have right to claim partition in tenancy right - Suit for partition of tenancy rights,maintainable - after death of original tenant inheriting tenancy rightsas joint tenants - Surrender oftenancy by one tenant - Implied surrender presumed.

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while staying the enforcement of an award under Section 36(3), the court should only be considering the principles laid down under O. 41 R. 5 of the CPC

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Party who has actively participated in the arbitral proceedings, cannot challenge the unilateral appointment of the arbitrator, for the first time under Section 34 petition

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Requirement to deposit 75% of the awarded amount as a pre-deposit is mandatory - Court can allow the deposit to be made in instalments.

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IT is absolutely pointless to make the arbitrator a party to a challenge petition, unless specific personal allegations are made which would merit an answer from the arbitrator.

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Court cannot modify an award under Section 34 of the Arbitration Act

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Arbitral Tribunal cannot award interest if the parties have expressly prohibited the grant of any such interest.

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Arbitrator pass an award without taking the evidence of one of the parties on record - would result in violation of the principles of natural justice - award would be set aside.

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Consent Decree Would Not Serve As An Estoppel Where The Compromise Was Vitiated By Fraud, Misrepresentation, Or Mistake

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Pre-Deposit For Filing Appeals Before DRAT Is A Mandatory Requirement - in appropriate cases for reasons to be recorded the deposit of at least twenty-five per cent of the debt due would be permissible, but not entire waiver.

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There was no bar for petitioner to establish his right as legatee under Will even without first obtaining letters of administration or Probate

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Blank Cheque Would Attract Presumption U/s 139 NI Act If Signatures Are Admitted

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Father Settled property in favour of daughter in 1984 - Another Settlement deed in 2004 and 2006 - partition suit by brother and another sister - except settlement in 1984 - other property can be partitioned

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Parties creating security by deposit of title deed sintend to reduce their bargain regarding that deposit to the form of document, such document must be registered.

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Mortgage by deposit of title deeds - On construction document was held not to require registration and as such admissible in evidence

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Even A Trespasser In Established Possession Can Obtain Injunction - Possession of plaintiff is based on admission of defendant himself made in earliersuit - Principle that plaintiff cannot seek for bare permanent injunction without seeking prayerfor declaration of title is not applicable - Injunction granted.

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Illegal occupation of panchayat land are not entitled to regularisation - Petitioners encroached upon panchayat land and constructed houses

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Tenant Cannot Dictate Adequacy Of Space Required By Landlord For Proposed Business Venture: Supreme Court Upholds Summary Eviction Order

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விஏஓக்கள் திருட்டுத்தனம் குறித்து ஆய்வு செய்ய,ஒவ்வொரு மாவட்டத்திலும் துணை ஆட்சியர் தலைமையில் குழு அமைக்க வேண்டும். தவறு செய்யும் விஏஓக்களை பணி நீக்கம் செய்ய வேண்டும்

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சொத்தின் பத்திரம் உரிமையாளர் பெயரில் இருந்தால், அவரிடமே சொத்தின் உரிமை மூலம் இருப்பதாகக் கருத வேண்டும். மற்றவர்களுக்கு பட்டா மாறுதல் செய்தால் அது தவறு.

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வழக்கு நிலுவையில் இருக்கும் போது பட்டா மாறுதல் போன்ற நடவடிக்கைகளில் வருவாய்த்துறை அதிகாரிகள் ஈடுபடக்கூடாது.

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Where the executant of a deed wants it to be an- nulled, he has to seek cancellation of the deed - if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non est, or illegal or that it is not binding on him.

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Though the sale deed was executed by the vendor as the power agent of the plaintiff, it cannot be stated that the plaintiff was a party to the document - Value the relief of declaration under Section 25(d) is correct.

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The party to deed file suit either for cancellation or declaration he shiuld seek prayer for cancellation of deed - non party to sale deed need not seeking cancellation - payment of Court Fee under Section 40 of the Act.

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Sale deed executed by power of attorney after revocation of power of attorney - principal is not party to document - court fee need not to be paid under section 40.

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plaintiffs are not parties to the sale deed which is being attacked as sham and nominal or on any other ground then a Suit for declaration without asking for the relief of cancellation of the said deed is maintainable and the suit property can be valued under Section 25(d)

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Sale deed executed by power of attorney after revocation of power of attorney - principal is not party to document - court fee need not to be paid under section 40.

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Document is sham and nominal, it need not be set aside, and the suit for relief on that footing is not one for cancellation,

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செல்லாத கிரைய பத்திரத்தை ரத்து செய்ய கால வரையறை கிடையாது.

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Preliminary enquiry by Central Bureau of Investigation in cases of corruption is not mandatory - information received by the CBI, through a complaint or a "source information" discloses the commission of a cognizable offence, it can directly register a Regular Case instead of conducting a Preliminary Enquiry.

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WhatsApp group administrator is not liable for objectionalable post by member.

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