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Showing posts from January, 2023
No limitation period for applying probate
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scribe can't be acted as attesting witness
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Unregistered will is valid. Proof of will.
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Probate court was also not competent to determine the question of title to the suit property
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Subsequent Power of Attorney executed by Testator - Power of Attorney document has revoked Will
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claim petitions filed under the Motor Vehicles Act cannot be dismissed by the Motor Accidents Claims Tribunals (MACT) in limine, if the same have been filed beyond the period of six months.
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Court auction - Delivery of Possession effected - subsequent auction in another suit and delivery of possession - not maintainable - subsequent sale set aside - restitution ordered
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Major Unmarried Daughter Can't Claim Maintenance From Father Merely Because She Is Unable To Maintain Herself
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Property inherited through female line or Maternal line is separate property
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Registration of sale deed during pendency of civil suit not barred
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Delayed payments - Suit only for interest by supplier - Maintainable
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Alienation - Widow - Powers of - Sale of property to discharge usufructuary mortgage thereon may be valid though mortagagee may not be entitled to sue for mortgage money.
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widow of male Hindu succeeded to his estate absolutely but power to alienation limited - widow sold the property - Reversioners filed declaration suit to declare the sale made by the widow be invalid
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Rights In Father's Self Acquired When A Person Has Relinquished Property, His Sons Are Estopped From Claiming Share: SupremeCourt
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trust property cannot be alienated unless it is for the benefit of the trust
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Unless the appeal is listed and there is an interim order, the mere filing of the appeal would not operate as a stay
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Civil court jurisdiction not bar under section 14 of Tamilnadu Patta passbook act
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In the event of conflict between RERA and SARFAESI Act the provisions contained in RERA would prevail.
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After the 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 Brother To Be Appointed As Legal Guardian Of Woman With Mental Disability
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objections available under Section 47 of CPC cannot be considered by a Court at the time of enforcement of an arbitration award under Section 36 of the A&C Act.
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Specific performance of contract - In respect of minor's estate - Defendant was minor at time of execution of agreement - Suit, however, filed after he became major - Defendant on attainingmajority has not repudiated contract rather contract is admitted by defendant - Contract is enforceable to extent of minor's interest.
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Original owner of property died leaving behind 2 daughters - Sale of minor's property bysisters acting as de facto guardian is in contravention of S. 11 and therefore is per se invalid - Invalid transfer is not requiredto be set aside by filing suit
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As suit properties were agricultural in nature,absence of written lease agreement is not fatal for case of tenants
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Only because execution proceedings were closed cannot be a ground to straight away reject such genuine claim
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Electricity cannot be declined to a tenant on ground of failure/refusal of landlord to issue no objection certificate
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Tenants directed to make an application for grant of an electricity connection in their own name and authority shall process the same, upon deposit of additional sum.
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Prior agreement to sell-Subsequent transferee - Rights of - Must have paid full price in good faith without notice of prior agreement
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legal representative cannot claim said right under Section 60(1)(c) as they are not agriculturist,labourer or domestic servant.
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Sale of judgment-debtor's property without attachment is valid and there is no irregularity which can vitiate the same.
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Main residential house of judgment-debtor or assessee which is occupied by him is exempt from being proceeded against in execution of simple money decree or income-tax demand
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Mortgage decree against Hindu father - Sale of joint family property - Sale not binding on sons - Suit for possession by sons - it is not necessary for him to have the sale set aside
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Court sale - Relief against, available to stranger -Declaration that sale does not bind him is only available - Art. 99 of Limitation Act not attracted to such declaratory suits.
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Certificate under section 65B need not be produced along with the electronic record - non production of certificate is a curable defect - It can be produced subsequent to production of electranic record but before marking of said electronic record
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Auction Sale - Plaintiff paid sale consideration for land measuring 54 cents,but was handed over possession of only 39.60 cents - Suit for damages/compensation with respectto land which was not transferred - Maintainable before civil court
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PLAINTIFF COMES TO THE COMMERCIAL COURT WITHOUT EXHAUSTING PRE INSTITUTION MEDIATION - PLAINT IS REJECTED
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Perpetual Injunction not subject to any limitation period - Representatives entitled to file Execution Petition for enforcing Decree of Perpetual Prohibitory Injunction
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Defendant entitled to file an Application to set aside ex parte decree passed against him within 30 days from date of knowledge of decree - Substituted service under Order 5, Rule 20 of the C.P.C. is of no assistance to Plaintiff if Defendant files Application to set aside ex parte decree within 30 days from date of knowledge
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Time limit fixed for three months after passing of Preliminary Decree in Suit for Partition - suit filed after 3 years from preliminary decree - Barred by limitation
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District Registrar under section 77 A has power to cancel the document which was created fraudulently
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Production of the previous original deed shall not be necessary where the Government or a Statutory body is the executant of the document
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Registration of sale deed - Refusal - Ground that original parent document not produced - Not proper
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Registration of sale certificate during subsistence of another attachment is no bar
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Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court
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In appropriate cases the Magistrate can allow an accused to make even the first appearance through a counsel - Such discretion needs to be exercised only in rare instances and there ought to be good reasons for dispensing with the presence
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Complaint filed before the expiry of 15 days from the date of receipt of notice - is not maintainable - complainant cannot be permitted to present the very same complaint at any later stage. His remedy is only to file a fresh complaint;
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Cheque returned with the remark "account frozen" - it will presuppose that an account existed".
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Even when the Criminal Court refers the matter under Section 138 of the Negotiable Instruments Act in order to make it executable, it will be treated as if it were a decree
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Banker’ includes any person acting as a banker and any post office savings bank. In terms of this section, a post office savings bank is a banker under the NI Act
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Illegal constructions and encroachments on roads and pavements - No Civil Court shall entertain any Suit or proceedings or Application in respect of action taken by CMDA or Corporation in respect of illegal construction and encroachments on roads and pavements
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Illegal construction put up by neighbour on Corporation land-Suit seeking direction to CMDA and Corporation to take action against neighbour/3rd Respondent - Held,maintainable.
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Presumption under Section 139 NI Act cannot be rebutted unless cogent evidence is led by accused
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Application for police help - Limitation - Art.129 of Limitation Act is not applicable - Such application is not application under - O.21, R.97
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Father of accused allegedly borrowed loan from complainant and died withoutrepaying same - Accused undertook to repay loan and issued cheques which got dishonoured - As per S. 29, legal representative of deceased is liable personally to repay loan to complainant- Complaint is maintainable.
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Time spent in consumer forum doesn't automatically save limitation as consumer forum is only a quasi judicial tribunal
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Starting point of limitation u/section 34(3) Arbitration Act in cases of suo motu correction of award
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Madras HC Grants ₹5 Lakhs Compensation To Kin Of Man Who Died After Falling Into Pit - Invoking 'No Fault Liability' Principle,
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Electricity Department Seeking Explanation Regarding Property Ownership Illegal
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RBI is entitled to issue directions to the petitioners/Banks to disclose information even with regard to the individual customers of the Bank
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A person who avails of any service from a bank will fall under the purview of the definition of a 'consumer' under the 1986 Act
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3 kinds of properties liable to attachment under this act
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Attachment of hypothecated vehicle - financier filed application to interim custody of vehicle - maintainable
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Sec 138 NI Act - Accused Relies On Income Tax Returns To Show Complainant Did Not Have Financial Capacity; Supreme Court Affirms Acquittal
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Application for making interim order of attachment absolute with application to condone delay in filing such application - Section 5 of limitation act is applicable to TNPID act
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provisions of Section 5 of limitation act will apply to rent control proceedings
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Part of property purchased by third party - Suit for specific Performance for full property - application for Impleading third party Purchaser - barred by limitation
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Subsequent disability or inability to institute suit after time begins to run will not stop running of period of limitation
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NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure
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