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Showing posts from September, 2022
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No bar or prohibition on initiating simultaneous proceedings for claiming maintenance under different statutes

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Time limit specified in the Agreement can't be ignored while allowing specific Performance

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Judgment or decree obtained by fraud is to be treated as a nullity - Non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud

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Court expected to hear other side in any Application filed before Court - Order rejecting Application to reject Plaint without hearing other side is improper.

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Diploma courses and polytechnic courses will be treated at par with a 12th standard certificate - Eligible for LLB Admission

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Property attached after its sale to athird party - petition under R.58 by claimant is not maintainable - petition under R.90 by claimant is maintainable.

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Decree against father - Property attached in execution - Claim petition by minor on attaining majority is maintainable.

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2022 Circular regarding Issuance of Legal Heirs Certificate

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Suit for declaration that gift deed executed in favour of defendant is sham transaction and not binding -Filed after more than 22 years of execution of registered gift deed - Barred by limitation - plaint can be rejected on this ground

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Proceedings in execution of mortgage decree Application under O.21, R.58 for excluding property from execution proceedings - Not maintainable

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Third person other than JD Dispossed - Filed petition under rule 99 - all questions including right, title or interest in the property between the parties to the proceeding arising on application under R. 99 by such third person, are required to be adjudicated by executing court.

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Suit is liable to dismissed - if necessary party not impleaded.

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Chequeissued by accused to complainant towards sale consideration of polythene bags sold - Ledger accounts extract maintained in course of business proves debt payable by accused to complainant leading to presumption that cheque was issued to discharge said liability - Conviction, proper

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Non Delivery of Signed copy can't save limitation

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Suit for recovery of money based on Promissory Note filed at Vellore - Defendant residing and carried on business at Madras - Plaintiff residing at Vellore - Vellore court has Jurisdiction

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Plaintiff delivery goods at Vijayapuram - Defendant doing business at Alangudi - Suit filed at Tiruvarir for recovery of balance of sale consideration - Maintainable

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Relief of possession is ancillary to the decree for specific performance and need not be specifically claimed

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Once the execution of agreement to sell and the payment of advance substantial sale consideration is admitted by the vendor, nothing further is required to be proved by the vendee.

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No one can be permitted to take the benefit of the wrong order passed by the court which has been subsequently set aside by the higher forum/court

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In a suit for partition, the position of the plaintiff and the defendant can be interchangeable - a defendant can ask the Court to transpose him as a plaintiff and a plaintiff can ask for being transposed as a defendant.

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Mere continuance in the possession of a co -owner does not suffice to set up a plea of ouster

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To get the benefit of sub-section (2) of Section 64 of the CPC, the objector and/or subsequent purchaser has to plead and prove that he is the bona fide purchaser,

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Such a report does not automatically form part of the court's opinion, as the court has the power to confirm, vary or set aside the report or in a given case issue a new commission.

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The objections of the appellant to the draft sale deed to be considered

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If a party to a suit does not appear in the witness box to state their own case and does not offer themselves to be cross-examined by the other side, a presumption would arise that the case set up is not correct.

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Persons engaged in other employments can be permitted to provisionally enrol with the concerned Bar Council

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Acts of bank/post office employees, when done during their course of employment, are binding on the bank/post office

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The parties might, by agreement, decide to refer all disputes to any one Court to the exclusion of all other Courts,

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A time barred altered cheque cannot be said to be given for discharge of legal liability, so passed order of acquittal is just and proper

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Cheque issued only to purchase car of complainant, so there is no legally enforceable debt for complainant, against accused-Passed acquittal is just and proper-

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If cheque is issued as security can not be presumed to issue for discharge of legally enforceable debt - If accused purposely evaded to receive statu tory notice, presumption of service can be drawn.

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Since petitioner is not a signatory of impugned cheque and simply a contractor in transaction has directly no liability, so proceedings issued against him is an abuse of process of court and is liable to be quashed.

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Moratorium only prohibits civil suits - Criminal proceedings do not include under that prohibition,

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Cheque issued against time barred debt - entire cause of action is time barred and ingredients of provision are not found in favour of complainant, so acquittal of accused is just and proper.

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Bank of complainant is situated at place "A", so filing complaint at place "A" is maintainable as per amended provision

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Trial court is well within its jurisdiction to pass conditional order of attachment even while issuing notice in Interlocutory application In suit based on Promissory Note.

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Attachment before judgment - property situated outside local limits of a civil Court - Failure of said Court to send order of attachment to District Courts within whose jurisdiction attached property is situated - Does not invalidate attachment.

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where jurisdiction is conferred on a particular court, that court alone shall have jurisdiction

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clause in the agreement which conferred jurisdiction on Delhi High Court, thereby making it clear that if the Court had jurisdiction, the agreement between the parties is binding

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Parties cannot by agreement confer jurisdiction on Court not possessed by it under the Code - But agreement that one of the Courts having such jurisdiction alone shall try dispute is not contrary to public policy

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Agreement affecting jurisdiction of Courts - Not invalid - It is open for parties to choose anyone of two competent Courts to decide their disputes

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Jurisdiction - Choice of forum by agreement - Not invalid -

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Place of making the contract - Place of breach of non-preformance - Place where money is payable - Applicability of rule that debtor must find creditor.

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Suit for recovery of unpaid purchase money under contract of sale of land is not suit for land - Suit neither fall within ambit of S.16(c) nor S.16(d)- Provisions of S.20 applicable for determining jurisdiction.

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Suit for recovery of money - defendants purchasing product and also making payments in Head Office at place 'B' - Part of cause of action definitely arising at place 'B' - Court at place'B' would have territorial jurisdiction to entertain suit.

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Suit filed for recovery of its alleged dues - Two Courts having jurisdiction to entertain said suit -Parties can by mutual agreement exclude jurisdiction of one of the Courts

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Suit for specific Performance filed - Defendant collued with third-party entered with subsequent agreement to sell - Based on subsequent agreement suit filed and compromise - such compromise Decree is lis Pendense Decree.

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Suit for recovery of amount due on mortgage - Mortgaged property situated outside territorial jurisdiction of Court-Held, said Suit would not be 'Suit for land'-Thus, Suit so filed maintainable

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Defendant carries on business at Chennai and purchased goods from Plaintiff at Chennal-Suit filed before City Civil Court, Chennai- City civil court Chennai has jurisdiction.

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Arbitral Award May Be Enforced Under CPC Where It Cannot Be Set Aside Due To Expiration Of Time U/s. 36 Of Arbitration Act- SC

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Unregistered Agreement To Sell Shall Not Be Admissible In Evidence- SC In Suit For Specific Performance

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Articles booked in Barnala - Suit for recovery of money filed in Barnala - Plaintiff has choice to forum and cannot be directed to go to the place of residence or business of Defendant

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Suit for Recovery of Rental Deposit and Excess Rent paid - Suit for recovery of money Both parties staying within jurisdiction of Court - Suit within Jurisdiction.

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Delay of 353 days in filing complaint - since the accused promised her to pay her dues - Delay duly explained - Delay liable to be condoned.

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Stay of partition suit - On ground of pendency of another proceedings before Debts Recovery Tribunal and Company Law Board - Cause of actionand nature of proceedings pending before DRT are, in no way, relevant to suit for partition -

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No man can convey a better title than what he has Vendor, after having lost all interest, right and title in Suit property, cannot convey a valid title of same property to another person

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Conditional clause in sale agreement that suit property has to be measured with in 3 months - defendant failed to do - Refund of advance amount ordered

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Property allotted to father by partition in 1967 - Father settled the same infavour of son on 11.08.2003 - suit filed in 2005 - not maintenable.

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Land classified as Meikkal - Collector has no power to Reclassification - only the government has the authority to take decision for conversion of land.

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Non issuance of Pre suit notice is not fatal - Unregistered Agreement to Sell can be received as Evidence

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Approval of a resolution in respect of one borrower cannot discharge a co-borrower.

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Dispute had arisen between parties for default in repayment of installments of loan - Appointment of Arbitrator by respondent unilaterally, illegal.

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One of the parties to agreement is disentitled to appoint sole arbitrator on its own as it is having interest in dispute and there is possibility of bias

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Land purchased by defendants with full knowledge of existence of previous agreement - They could not be said to be bona fide purchaser

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Any party aggrieved by the preliminary degree does not appeal- he is precluded from disputing its correctness in appeal.

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Stay of execution of decree - Would not expire after 6 months - Execution Court has to follow order of stay as long as it remains in force.

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sale of plot of land simpliciter, complaint is not covered under the Consumer Protection Act - would be governed under the provisions of Specific Relief Act by filing a suit before a competent Civil Court

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sale of plot of land simpliciter, complaint is not covered under the Consumer Protection Act - would be governed under the provisions of Specific Relief Act by filing a suit before a competent Civil Court

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Sale of plot simplicitor would not come under consumer - would be governed under the provisions of Specific Relief Act by filing a suit before a competent Civil Court

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JD sold the disputed property to a third party before the date of passing of the order of Attachment - third party feels affected regarding the attachment may claim to be the owner of property and shall have the right to raise objection for attachment.

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Registrar does not have the power to accept the deed of cancellation to nullify a deed of conveyance made earlier, when the deed of conveyance has already been acted upon.

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Decree obtained againstfather alone - Decree can be executed against son's share under pious obligation rule provided decree debt in its inception was not illegal or immoral.

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Application for arrest in execution of decree dismissed -Subsequent application for arrest in execution of smaller decree - No bar of res judicata

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Merely because a judgment-debtor possesses immovable property, an order of detention in civil prison cannot be made for his failure to pay - He can give chance to pay installment.

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Decree holder file application for removal of obstruction - Need not be valued as regular suit - fixed court fee is payable - Appeal only maintainable

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Judgment debtor sold property in favour of third party on 19.9.1985. Decree holder attached said property subsequently on 10.10.1985. Third party purchaser filed application for raising attachment - Attachment Raised

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Enquiry contemplated under Order 21 R. 58 C. P. C. is no longer of a summary nature, but should be full, realistic and after giving adequate opportunity to the parties concerned to prove their respective claims, rights, title and interest in the property attached - separate suit is barred

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Plaintiffs are the domius litis - Unless the court suo motu directs to join any other person not party to the suit for effective decree and/or for proper adjudication as per Order 1 Rule 10 CPC, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs

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Personal attendance of accused - Dispensation with -Discretion can be exercised by Magistrate throughout or at any stage of proceedings in summons case

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Court will dispense with the personal attendance by stipulating conditions

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Accused need not Appear even at first hearing itself - questioning can be with advocate - Evidence can be let in in presence of Advocate - Even Judgement date he need not appear.

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Application for exemption filed much before appearance of accused in Court - Power of exemption under S. 317 to be exercised at any stage by Magistrate despite prior appearance in Court - application allowed considering the distance.

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Dispensation with personal attendance - Application allowed subject to certain conditions.

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Suit for injunction restraining Bank from taking any action for recovery of loan against provisions of Act or except under due process of law - is maintenable

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Suit for Declaration and permanent Injunction not to sell the property in execution - plaintiff is not member of Co operative Bank and therefore statutory bar would not operate.

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Questions relating to title to suit property and determination of ancestral nucleus in purchase of property cannot be decided by forum created under Co-operative Societies Act and father being third party to proceeding between Co-operative Bank and his son - Case would not fall under Section 156 of Tamil Nadu Co-operative Societies Act and that ouster of jurisdiction cannot be readily inferred.

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Suit for Declaration and permanent Injunction - plaintiff is not member of Primary Agricultural Co operative Bank and therefore statutory bar would not operate.

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Suit filed by Co-operative Society for recovery/delivery/possession of society's property would not be barred .

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Cheque Case Against Director/Partner Of Firm Can Be Quashed Only If There Is Unimpeachable & Incontrovertible Evidence That They Were Not Concerned With Issuance Of Cheque: Supreme Court

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Construction Agreement - termination - Cheque issued for refund - dishonoured - offence under section 138 attracted.

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MSMED Act does not empower the Facilitation Council to review its own decisions

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Settlement deed subsequent sale deed - After executing the settlement deed vendor had no title to execute sale deed - Not necessary to declaration about invalidity of sale deed.

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Suit for Recovery of Money Based on Promissory Note & Cheque - ABJ ordered - EP for Sale filed and Sale ordered - Agreement holder filed petition for raising attachment - not filed during suit proceedings - delay in filing - not maintenable.

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Restoration of execution Application which was dismissed for default - Limitation for setting aside dismissal would not be 30 days but 3 years.

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Execution for Attachment - Attachment of entire Property ordered - Appellant entitled to only 2/3 share - Attachment modified to the effect that it is only with regard to 1/3 share of the petition mentioned Property.

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In execution of a document, production of a draft sale deed is not mandatory - A decree for specific Performance simplicitor would take in itself a decree for possession also.

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