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Showing posts from November, 2022

Rate Of Interest For Pendente Lite And Future Period

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.

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

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

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.

Writ petition challenging registration of a document cancelling conveyance or acceptance of fraudulent transactions - Is maintainable - Registering Authority has no power to to register document of unilateral cancellation.

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.

Taking water from one survey number to another survey number through Poramboke Land not barred - Relavent GO's discussed.

No period of limitation prescribed for filing suit for partition - Plea of ouster not taken

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

POA for grant Lease, make borrowals - No clause in deed authorising and empowering agent to Sell the property - sale by POA not valid

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

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.

Accused not issuing any dishonoured cheques, in his personal capacity - Unless firm commits offence as principal accused, its partners cannot be held vicariously liable and convicted - Conviction,set aside.

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.

Cheque drawn by employee of appellant-company on his personal account - Even if it be for discharging dues of appellant-company and its Directors - Appellant company and its Directors cannot be made liable u/S.138.

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

Section 138 cannot be attracted if the cheque is given as security for a loan from a unlicensed money lender.

Cash Transaction Exceeding Rs. 20K Does Not Nullify The Transaction In S.138 NI Act Case:Karnataka High Court

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.

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.

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

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

Existence of Joint family nucleus established - burden shifts on the 2nd defendant to prove the independent source of income

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.

Application to realise Decretal sum from Court-deposit instead of Execution of Decree - Execution not mandatory for payment of Decree- debt.

Judgement or Decree or Order is obtained by playing fraud - Can be Nullify in Writ Proceedings

Presumption under Section 139 includes a presumption that there exists a legally enforceable debt or liability