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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

Provisional Attachment under CGST Act Ceases After Expiry Of One Year: Rajasthan High Court

Provisional Attachment Not To Hamper Normal Business Activities: Gujarat High court Quashes Attachment Order

GST Provisional Attachment Order Not Valid After Expiry Of 1 Year

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

Section 47 CPC Application Is Not Maintainable In Execution Proceedings Under Arbitration Act, 1940: Allahabad High Court

Power company seeking pre-claim interest i.e., interest from date when expenses were incurred by it till date of lodging claim - Post-award interest can be granted by Arbitrator on interest amount awarded.

Arbitral tribunal can grant post-award interest on the sum of the award which also includes the interest component.

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.

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

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.

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.

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.

District Forums and State Commissions not given any power to set aside ex parte orders and power of review

Complaint about service in relation to immovable property - Commission's jurisdiction is not ousted.

court can not grant decree for specific performance of contract if land is to be transferred from tribal to non-tribal

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,

Determination of any question within S.47 is a decree- Appellant can file appeal under S. 96

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

Defendant, neighbour of plaintiff alleged to have encroached pathway - Plaintiffs personally affected - Therefore plaintiffs have locus standi to file suit - Order directing defendant to remove said encroachment - Proper.

Once Suit For Specific Performance Is Filed Within Period Of Limitation, Delay Cannot Be Ground For Refusing Relief

Cheque Dishonoured Must Represent Legally Enforceable Debt On Date of Presentation - offence not made out if part payment not duly endorsed on cheque - Even cheque given as security - offence under section 138 made out.

Inability of commissioner to execute warrant arose due to absence or non-availability of Mandal Surveyor - Closure of proceedings, improper.

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.

No Person Should Be Prosecuted Under Section 66A IT Act : Supreme Court Issues Directions To Enforce Shreya Singhal Judgment

Mutation in revenue records - Does not create or extinguish title

Entries in revenue records - Do not convey or extinguish any title

Complaint filed based on second statutory notice - Is maintainable

Moratorium shall not apply to surety in contract of guarantee for corporate debtor

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.

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

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.

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.

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,

It is essential for the person to whom statutory notice is issued under Section 138 of the NI Act to give an appropriate reply

After CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited

Madras High Court allows parents to cancel settlement deed with "heartless" son who refused to take care of them.

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 -

Arbitral Award Directing Specific Performance Of Contract, Cannot Be Set Aside On Ground Of Inequitable Nature Of Contract

Party not entitled to interest for the period during which the proceedings were deliberately delayed-

Suit for accounts - Right of agent to sue his Principal for accounts - Agent has an equitable right

Pronote inadmissible in evidence as not duly stamped - Oral evidence cannot be adduced to prove terms of pronote -

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.

Assignment deed assigning debt being immovable property lying in Tamilnadu but registered beyond Tamilnadu is invalid & void and non est.

Chief Examination & Cross-Examination Of Witness Must Be Recorded On The Same Day Or Following Day

Suit for specific performance of agreement - Agreement in question relating to immovable property which is to be used exclusively in trade or commerce - Dispute would be commercial dispute - Triable by commercial court.

Suit for specific performance of agreement - Agreement in question relating to immovable property which is to be used exclusively in trade or commerce - Dispute would be commercial dispute - Triable by commercial court.

Defendant entitled to protect his possession of the suit property obtained in pursuance of a part performance of an agreement to sell, even after the suit for specific performance of an agreement for sale is barred by limitation.

Person not party to suit but interested in Decree can be added as Judgement debtors in execution proceedings

Transferee obtained possession over property in part performance of contract - Possession over property is protected even if period of limitation for bringing suit for specific performance of an agreement to sell has expired

The District Forums and the State Commissions have not been given any power to set aside ex-parte orders and power of review

First complaint dismissed for default of complainant - Second complaint on same facts and cause of action - Not barred

Retiring partner never took action for rendition of accounts - legal heirs cannot automatically become partners of firm without consent of other existing partners - Dismissal of suit filed by LRs of retiring partner , was proper

Eviction - Court Fee in accordance with Section 43(2) of TNCF Act, 1955 since in a suit for recovery of immovable property from a tenant including a tenant holding over after the determination of a tenancy

Complaints filed under Consumer can also be proceeded with despite there being any arbitration agreement between the parties.

Commercial Court Cannot Pass Directions Until Pre-Conditions Under Order 38 Rule 5 CPC Are Satisfied

IRP proceedings can be initiated against two Corporate Debtors but same amount cannot be realised from both.

Dispute of Unregistered Partnership firm can be Arbitrable - Bar under section 69 not applicable

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

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.