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Showing posts from November, 2022
Rate Of Interest For Pendente Lite And Future Period
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Normally, the grant of interest at the contractual rate ought to be the General Rule However, the use of discretion to reduce the contract rate or refuse interest is an exception.
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It is the settled proposition of law that reduction of interest from contractual rate to a lower rate, would be permissible only in exceptional and special circumstances
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While registering sale deed,registrar is bound to verify if the power of attorney empowering the agent to sell the property - Failure of Registering Authority to perform his statutory duties in course of registration of document, it cannot be said that jurisdiction of High Court under Art. 226 stands completely ousted
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suit property was purchased only from and out of joint family nucleus - Father has no right or title to execute settlement deed in favour of their daughter - Once settlement deed has been held to be void ab initio, question as to whether cancellation of deed was valid or not becomes immaterial - Unilateral cancellation deed, invalid.
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children born out of the marriage which is void cannot be termed illegitimate one and they arecovered by the expression ‘son and daughter - class-I' for Scheduled 8 of the Hindu Succession Act.
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Taking water from one survey number to another survey number through Poramboke Land not barred - Relavent GO's discussed.
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No period of limitation prescribed for filing suit for partition - Plea of ouster not taken
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Delay of 31 years in seeking partition after succession open and 18 years after division of Property among brothers is fatal - Right of plaintiff extinguish under section 27 of Limitation Act
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POA for grant Lease, make borrowals - No clause in deed authorising and empowering agent to Sell the property - sale by POA not valid
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Suit Filed After 3 years - Issuance of Pre Suit Notice is not mandatory - Unregistered Agreement to Sell can be used as evidence but inadmissible for seeking protection under section 53A - Principal bound by sale agreement executed by their power agent
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In a proceeding under S. 138 of N.I.Act, arraying of a proprietor as an accused or a proprietary concern represented by proprietor would be sufficient compliance with the requirements under S. 138 of N.I.Act - Proprietor and the proprietary concern are not required to be separately arrayed as a party accused.
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Cheque drawn by respondent in his personal capacity and not by company of which he is Managing Director - Company is not liable even if it is for discharging dues of company - Respondent being drawer of cheque is alone liable for offence under S. 138.
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where a negotiable instrument has been drawn by a partner in his own name, the other partners are not liable on the instrument in the absence of evidence that it was made for and on behalf of the firm
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Section 138 cannot be attracted if the cheque is given as security for a loan from a unlicensed money lender.
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Cash Transaction Exceeding Rs. 20K Does Not Nullify The Transaction In S.138 NI Act Case:Karnataka High Court
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In a proceeding under S. 138 of N.I.Act, arraying of a proprietor as an accused or a proprietary concern represented by proprietor would be sufficient compliance with the requirements under S. 138 of N.I.Act - Proprietor and the proprietary concern are not required to be separately arrayed as a party accused.
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cheque is a bill of exchange and section 5 would make it clear that the bill of exchange is a kind of promise - suit can't be said to be barred.
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EP for Delivery of Possession Not for sale - whether third party claim application maintainable - Execution court has vide power to deal with all issues relating to such matters
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If the claimants were bonafide agreement holder's aggrieved by Attachment they would have immediately taken out application for raising attachment - there was deliberate delay - they had waited till sale was ordered - Against order passed under order 21 rule 58 CMA maintainable - Claim petition dismissed
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Existence of Joint family nucleus established - burden shifts on the 2nd defendant to prove the independent source of income
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It is duty of insurance company to give all relevant particulars of coverage and compensation in policy certificate itself - Conditions or exclusion from coverage are to be specifically stated therein - facts were not mentioned inpolicy certificate - insurer liable to fully compensate claimant.
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Application to realise Decretal sum from Court-deposit instead of Execution of Decree - Execution not mandatory for payment of Decree- debt.
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Judgement or Decree or Order is obtained by playing fraud - Can be Nullify in Writ Proceedings
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Presumption under Section 139 includes a presumption that there exists a legally enforceable debt or liability
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