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Showing posts from April, 2022

bailiff who deviated from official and lawful discharge of duties not entitled to seek protection under section 197

Court can accept market value fixed by advocate commissioner or senior bailiff in pre Emption cases

Bail order should be delivered to prisoner on the date of pronouncement.

Once a usufructuary mortgage is created, the mortgagor has a right to redeem the mortgage at any point of time on the principle that once a mortgage always a mortgage - mere expiry of a period of 30 years from the date of creation of the mortgage does not extinguish the right of the mortgagor

Deemed transfer of certificate of insurance where ownership of vehicle is transferred - Irrespective of whether ownership of vehicle vested with D1 or D4, Liability of Insurance company continued.

continuance of name of registered owner of vehicle in records of registering authority despite sale - Situation distinguished where a motor vehicle is subject to an agreement of Hire purchase,lease or hypothecation or is under requisition.

Circular provides various guidelines for dealing with the Natham Land.

unilateral cancellation of a registered gift deed by donor does not affect the rights of the donee as it is contrary to the law under Registration Act.

Circular for getting non traceable certificate for missing documents.

Impleadment of transferee/assignee of rights and interest in suit property.

Proceedings under section 34 - summary in nature - permission to file by way of evidence is only when absolute necessary in exceptional cases.

சென்னை உயர்நீதிமன்றம் திருமணப் பத்திரிகையே கேட்டு மனுவை ரிட்டர்ன் போடக்கூடாது என்று தீர்ப்பு வழங்கியுள்ளது.

Even if a natural heir does not support his parents, he would not be entitled to inheritance .

If garnishee failed to comply with Court order - Court can pass decree against garnishee - also direct arrest and civil imprisonment of the garnishee.

If garnishee failed to comply with Court order - Court can pass decree against garnishee - also direct arrest and civil imprisonment of the garnishee.

If garnishee failed to comply with Court order - Court can pass decree against garnishee - also direct arrest and civil imprisonment of the garnishee.

Certified copies of answer scripts written by applicant can be provided under RTI act during on-going criminal investigation

Anganwadi Workers and Anganwadi Helpers are entitled to the payment of gratuity under the Payment of Gratuity Act, 1972.

Panchayat/Municipality is taking a stand that a land was voluntarily surrendered, the burden would be on the Panchayat/Municipality to establish such voluntary surrender.

NCLT in execution has the same power as that of a civil court and can issue attachment and recovery warrants to enforce the order - Section 424(3) of the Act empowers the NCLT to enforce its own order in the same manner as if it were a decree made by a civil court.

Even if the plaintiff has not given details of funds in her possession or the manner in which she intended to raise them in the plaint, this is not fatal to the suit since those aspects are matters of evidence which need not be pleaded.

Execution proceedings are not maintainable with respect to the decision of a Civil Court in a petition filed under Section 34 of the A&C Act - Civil Court does not have the power to modify an arbitral award in an application filed under Section 34 .

If the earlier award was set aside not on any ground affecting the competency of the Tribunal, the subsequent arbitral proceedings are not hit by the principles of res judicata

In respect of grama natham land, there is no necessity to obtain No Objection Certificate from the Revenue Authorities for the purpose of getting electricity service connection.

In respect of grama natham land, there is no necessity to obtain No Objection Certificate from the Revenue Authorities for the purpose of getting electricity service connection.

property purchased immediately after dismissal of suit for default and during pendency of application for restoration - hit by doctrine of lis pendence.

Defendant selling property on dismissal of suit and first appeal - But before limitation for filing second appeal has expired -Second appeal filed by plaintiff afterwards within limitation - Sale in question has to be regarded as covered by S. 52.

Subsequent agreement entered into between the parties need not contain a separate arbitration clause if it is made only to extend the validity of the original agreement that contained an arbitration clause.

while dealing with the aspect of "retrospective effect" under the Indian Registration Act, the courts shall not go by retrospective operations in simpliciter - consider all the attentive circumstances. These may relate to the purchase of stamp paper and the evidence of description, if any,