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Showing posts from February, 2022

A wife is not entitled to seek the details of the Income Tax Returns filed by her husband by filing RTI application, the Central Information Commission has observed

State Information Commission has got no power to direct for the removal of encroachment under the Right To Information Act, 2005.

Husband is not entitled to seek information regarding bank details & income tax returns of his wife under the Right to Information Act, 2005.

once an investigation is completed and B-Report is filed by the police, there is no prohibition to give information about the same under the Right To Information Act.

when the complainant/payee is a company, an authorized employee can represent the company - Complaint Is Filed By Authorized Person Of Company Sufficient For Magistrate To Take Cognisance.

Patta standing in name of plaintiff's father will not confer upon him any title to whole of property and any document executed on basis of said patta will not convey any title in favour of plaintiff

Bar for Remarriage - Mere filing of appeal within the limitation period is sufficient for Section 15 to apply - The period spent in obtaining the copy can be excluded in calculating the period of limitation to file matrimonial appeals.

Cheque drawn in Chandigarh, was presented for encashmentat Bank in Indore - Court at Indore would have territorial jurisdiction to take cognizance of alleged offence.

Delayof 479 days in filing complaint - Delay caused due to medical indisposition - Reason for delay found to be reasonable and bonafide - Order condoning delay proper.

Court at place where cheque in question is presented for encashment - Has jurisdiction to try offence - Notice sent by post returned by accused as "unclaimed" - Period of 15 days commences from such date.

Court at place where cheque in question is presented for encashment - Has jurisdiction to try offence.

Court at place of residence of respondent where cheque is deposited - Has territorial jurisdictionto try complaint.

court within whose limits where the drawee Bank located has jurisdiction to try cace under section 138 - Factors to be considered in cheque cases.

court within whose limits cheque has been presented by the payee through his account has jurisdiction.

court within whose limits cheque has been presented by the payee through his account has jurisdiction.

Registration Court decree - Decree wrongly mentioned in Encumbrance Certificate - Sub Registrar has power to Rectify it.

Wrong Survey Number mentioned in Encumbrance Certificate - Sub Registrar Has power to correction in Encumbrance Certificate.

District Magistrate or the Chief Metropolitan Magistrate can appoint an advocate commissioner to assist him/her in execution of the order passed under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Cancellation of Power of Attorney - prior notice before execution of the revocation deed is not necessary.

Amended COURT FEES FOR DISTRICT COMMISSION AND STATE COMMISION ON BASIS OF CONSIDERATION AMOUNT.

Production of the original power of attorney is not necessary, if the document is presented for registration by the power of attorney holder who executed the document on the strength of it.

The judgment-creditor is entitled to enjoy the fruit of the litigation within a reasonable time - dispose of the execution proceedings within a period of six months.

Properties which had been given as dowry or otherwise at the time of marriage of the daughter, would be amenable for partition and the same will have to be included in a suit for partition, instituted by the daughter.

Admin of a WhatsApp group cannot be held vicariously liable if a member of the group posts objectionable content in the group.

Execution of decree - Period starts running from date when it 'becomes enforceable' - Filing of appeal does not affect enforceability of decree, unless stay is obtained.

Decree passed by Appellate court on 19.01.2004 - Starting Point of limitation would commence only from 19.04.2004 - Execution petition filed on 19.04.2007 - within limitation.

Alienation of their father in respect of the ancestral property should have been set aside within the period of 12 years from the date of passing of possession.

section 14 bars Suit against Government or officer of the government only in respect of entry made in Patta passbook - if there is no entry there is no bar.

Son died Issuless leaving behind mother and wife - mother died leaving behind daughter - Daughter can claim Half Share of mother - Daughter in law is not legal Heir.

consent award passed by the arbitration - EP filed - ex Parte order of attachment ordered - Execution petition filed within two years from the date of passing of the degree, notice is not required - initial stage ample opportunities given but did not raise objection but not been utilities.

Suit for Mandatory injunction for removal of superstructure put up by the defendant - Thatchhukambu,Thatchumulam and equivalent in inches.

Appellant is entitled to get specific performance of undivided of share of first respondent - there was no prohibition under the stamp act that the stamp paper is purchased in the name of another cannot be used.

Court, under Section 37 of the Arbitration and Conciliation Act, has no jurisdiction to remand the matter to the same Arbitrator unless it is so consented by both the parties.

Nothing to show that plaintiff was in actual physical possession as on date of filing of suit - Injunction, rejected.

Revenue department cannot transfer Patta name during pendency of civil suit

Plaintiff in a partition suit is not disentitled to seek relief in second appeal merely because his claim was denied by the trial court and he had not challenged the same by way of appeal - defendant can ask the Court to transpose him as a plaintiff and a plaintiff can ask for being transposed as a defendant.