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Showing posts from October, 2022
Police Station Not a Prohibited Place Under Official Secrets Act: Bombay High Court Quashes FIR Against Man Booked For Shooting Video Inside PS
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Provisional Attachment under CGST Act Ceases After Expiry Of One Year: Rajasthan High Court
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Provisional Attachment Not To Hamper Normal Business Activities: Gujarat High court Quashes Attachment Order
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GST Provisional Attachment Order Not Valid After Expiry Of 1 Year
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Merely Because An Application Under Section 7 Of IBC Is Filed, It Is Not An Embargo On The Court Exercising Jurisdiction Under Section 11 Of The A&C Act : Bombay High Court
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Section 47 CPC Application Is Not Maintainable In Execution Proceedings Under Arbitration Act, 1940: Allahabad High Court
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Arbitral tribunal can grant post-award interest on the sum of the award which also includes the interest component.
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If there is specific agreement between parties with regard to payment of interest then, Arbitral Tribunal will cease to have any discretion and would be bound by agreement between parties.
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Flat rate was also agreed and paid the maintenance charges at flat rate by the Appellant for more than 3 years. While so, it is not proper for the appellant to file the suit after 3 years and dispute the manner in which maintenance amount is charged
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Her father died before coming intoforce of Hindu Succession Act, 1956 - his share would pass to his brother, the surviving co-parcener - His daughter would not been titled to any share.
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Order of examination of witnesses when there are several defendants- Plaintiff should be examined first and defendants who support case of plaintiff should examine their witnesses next and witnesses of contesting defendant would be examined later.
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Mortgagee or a person who has got mere charge by operation of law to proceed against substituted property can be impleaded asa party, at any rate, when he seeks to come on record.
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District Forums and State Commissions not given any power to set aside ex parte orders and power of review
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Complaint about service in relation to immovable property - Commission's jurisdiction is not ousted.
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court can not grant decree for specific performance of contract if land is to be transferred from tribal to non-tribal
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Commercial Courts which are subordinate to the rank of the Principal Civil Judge in the District - All applications or appeals arising out of arbitration under the provisions of Act, 1996, other than international commercial arbitration, shall be filed in and heard and disposed of by the Commercial Courts,
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Determination of any question within S.47 is a decree- Appellant can file appeal under S. 96
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Petition to set aside ex-parte order and to restore execution petition - Delay of 67 days in filing petition - Delay condoned on payment of cost within time frame, proper
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Once Suit For Specific Performance Is Filed Within Period Of Limitation, Delay Cannot Be Ground For Refusing Relief
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Inability of commissioner to execute warrant arose due to absence or non-availability of Mandal Surveyor - Closure of proceedings, improper.
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Land earmarked as road/ street in layout acquires status of public land - land shown as road in layout loses private character - irrespective of it is gifted to local body or not.
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No Person Should Be Prosecuted Under Section 66A IT Act : Supreme Court Issues Directions To Enforce Shreya Singhal Judgment
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Mutation in revenue records - Does not create or extinguish title
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Entries in revenue records - Do not convey or extinguish any title
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Complaint filed based on second statutory notice - Is maintainable
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Moratorium shall not apply to surety in contract of guarantee for corporate debtor
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Father received property in partition as his exclusive and absolute property - partition effected prior to amendment of S. 6 - S. 6 would not be applicable - Since plaintiff's father died intestate, property which stood in his name ought to be divided as per S. 8.
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carrying humans in a goods' vehicle more than the number permitted in terms of insurance policy - Is not so fundamental a breach so as to afford to the insurer to eschew liability altogether
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Liability of insurer - Insurance company specifically charged a premium from insured for three persons excluding driver -Cannot be absolved from its liability on death of a person.
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No offence for dishonour of cheque under Section 138 of the Negotiable Instruments Act is made out if the cheque is presented for the full amount without endorsing the part-payment made by the borrower after the issuance of the cheque.
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Mere stating in the plaint that a fraud has been played is not enough and the allegations of fraud must be specifically averred in the plaint,
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It is essential for the person to whom statutory notice is issued under Section 138 of the NI Act to give an appropriate reply
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After CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited
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Madras High Court allows parents to cancel settlement deed with "heartless" son who refused to take care of them.
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Partition between father and 6 sons - daughters born after partition - father died - sons party to previous partition deed, can't claim in father's 1/7 th share - Settlement of undivided share is impermissible - Settlement after 20.12.2004 not binding on plaintiff -
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Arbitral Award Directing Specific Performance Of Contract, Cannot Be Set Aside On Ground Of Inequitable Nature Of Contract
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Party not entitled to interest for the period during which the proceedings were deliberately delayed-
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Suit for accounts - Right of agent to sue his Principal for accounts - Agent has an equitable right
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Pronote inadmissible in evidence as not duly stamped - Oral evidence cannot be adduced to prove terms of pronote -
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Court auction sale during pendency of SARFAESI proceedings - After court auction sale confirmed claim petition by auction Purchaser in SARFAESI not maintainable - Assignment deed assigning debt being immovable property lying in Tamilnadu but registered beyond Tamilnadu is invalid & void and non est.
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Assignment deed assigning debt being immovable property lying in Tamilnadu but registered beyond Tamilnadu is invalid & void and non est.
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Chief Examination & Cross-Examination Of Witness Must Be Recorded On The Same Day Or Following Day
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Person not party to suit but interested in Decree can be added as Judgement debtors in execution proceedings
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The District Forums and the State Commissions have not been given any power to set aside ex-parte orders and power of review
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First complaint dismissed for default of complainant - Second complaint on same facts and cause of action - Not barred
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Complaints filed under Consumer can also be proceeded with despite there being any arbitration agreement between the parties.
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Commercial Court Cannot Pass Directions Until Pre-Conditions Under Order 38 Rule 5 CPC Are Satisfied
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IRP proceedings can be initiated against two Corporate Debtors but same amount cannot be realised from both.
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Dispute of Unregistered Partnership firm can be Arbitrable - Bar under section 69 not applicable
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Suit for prohibitory and mandatory injunction - Not required to be valued at market value of property - Merely because subject-matter of litigation involves immovable property, market value would not become decisive of suit valuation
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NCLT while exercising its powers u/s 7, 9 and 10 of the IBC cannot refer the matter to arbitration u/s 8 of the Arbitration and Conciliation Act.
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