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Showing posts from February, 2023
The Court cannot as a matter of course, allow extension of time for making payment of balance amount of consideration in terms of a decree
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cheque which has not been encashed, cannot amount to an ‘acknowledgement of liability’ in terms of Section 18 of the Limitation Act, 1963.
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Municipality for constructing road on assurance of suitable compensation - After construction,no compensation paid - Such utilization without payment of compensation would be arbitrary, unreasonable and clearly violative of Art. 300A.
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Agreement to Sell by itself does not confer any right, title, or interest
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an agreement of sale entered before the order of attachment can be taken to its logical conclusion and a sale deed can be executed even after the order of attachment
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If the PR document is partition deed, is in the possession of any one of the co owners - Registrar cannot compel to produce original - bank mortgage property can register without obtain NOC
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prescribed procedure for Conciliation as required under MSME act has not been followed before proceeding to pass arbitral award.
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Execution Courts Must Be Conscious That They Cannot Draw A New Decree- SC While Setting Aside Order Of Execution Court
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Challenge Under S. 13 of Arbitration Act Not Raised, Party Can Challenge Unilateral Appointment Of ArbitratorUnder S. 34: Madras High Court
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Transfer of subject property pendente lite to third party by defendant after receipt of pre-suit notice, after issuance of summons in money suit and after issuance of notice in attachment before judgment - Third party cannot be construed as bona fide purchaser.
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General Power Of Attorney Holder Can Sub-Delegate His Powers If There Is A Specific Clause Permitting Sub-Delegation - Power of Attorney holder can give evidence about facts of which he has knowledge
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If person who opposing Will, able to establish that signature contained in Will is not that of executant or executant not person named in Will, mere fact that two attestors have consistently spoken about execution, does not make any difference
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Excessive execution - Property sold for recovery Rs. 13.60 lakhs-Consideration received on sale was Rs.14.79 lakhs Execution cannot be set to be excessive.
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Description of property in sale proclamation particulars -Property described with door number, extent, boundaries and other - Sale proclamation is valid when four boundaries are given.
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All issues relating to executablity of decree against any person are to be tried in execution itself and not by separate suit
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Notice send to old address returned with endorsement "left","no such addressee" - it's amount to fraud on court
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Plaint On Mere Possibility Of Right Being Infringed Without Legitimate Basis For That Right Does Not Disclose Cause of Action: MP High Court
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service of notice on a party via instant messaging platform WhatsApp is not valid.
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Non filing of reply Statement to written statement - doesn't amount to admission of plea - Attestar died - his son can identify the signature of his father's signature
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Commercial Courts Act Does Not Exclude Application Of Section 5 Limitation Act
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JD Firstly filed petition under order 21 Rule 90 - subsequently withdrawan the petition and filed petition under order 21 Rule 89 - is maintainable
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Original Hereditary Trustee passed away - the next person in line of succession is entitled to assume all charges of hereditary Trustee
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self acquired property of father - partition between father and son before 2004 - Share allotted in partition is treated as self acquired property - second generation can't claim share in the property
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There is no discrimination is made against married daughter - Married Daughters also entitled to seeking partition
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once agreement between parties provided for which monies due and payable - Cheque furnished as 'security' is covered under provisions of S.138 of NI Act.
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The interests of secured creditors like banks override those of the tax department.
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Notes and caselaws about section 27 of Indian Evidence Act
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GST Attachment automatically expires after one year - thereafter registration of sale certificate is not bar - Rule 55A of Registration Act is invalid - Rule Empowering Registrar To Refuse Registration Of Property Under Mortgage, Attachment Beyond Scope Of Parent Act.
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Dedication to public - No right in Municipality to put up structures on vacant site which are not necessary for maintenance or user of it as a pathway - Suit by owner for permanent injunction against Municipality from putting up structures and for possession - Maintainability
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Entire property value cannot be taken in to account to consider the pecuniary jurisdiction jurisdiction,but only the share of the plaintiff alone to be considered
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Father received Property by partition - sale agreement entire property before 2004 - sale deed in 2009 in favour of father in law of son - father in law of son executed sale deed in favour of son in 2012 - documents are void abinitio - daughters can file partition suit without cancelling the void document.
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Tenancy agreement expired prior toenforcement of Act - Landlord and tenant required to enter into agreement in writing with regard to tenancy within period of 575 days from date of commencement of Act - in absence of any written agreement - either landlord or tenant can file application for termination of tenancy - Order of eviction, proper.
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All unilateral appointment of arbitrator are not invalid per se unless the arbitrator’s relationship falls within the Seventh Schedule to the A&C Act.
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"A" and "B" are husband and wife - "A" during lifetime of "B" Married one "C" - "A" got a son through "C" namely "D" - "A" executed partition deed with "D"(illegitimate) in respect of ancestral property - not valid - "D" only have right in his father's share after his demise.
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Children Born From A Widow's First Marriage Can Inherit Property From Her Second Husband - 'son or daughter of the deceased' to mean the son or daughter of the female dying intestate without regard to the fact as to from which husband they were born to her
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The report does not constitute substantive evidence - It can be used only as a previous statement for thepurpose contemplated under Section 157 or Section 145 of the Evidence Act
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Evidence given by a witness in his examination-in-chief cannot be completely discarded merely because he could not be cross-examined by the opposite party.
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In absence of any other evidence, statement of compromise alone cannot be relied
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Letter, containing admission of cruelty and seeking apology - written during die period of negotiations of compromise - a privileged document - can't be relied on as evidence
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Court need not grant decree even there is an admission - Admission should be one of fact and not law
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Generally judgments of Criminal Courts are not relevant and admissible in trial of Civil or MCOP cases - not conclusive proof -Party against whom admission is pleaded shall have a right to adduce evidence to disprove fact admitted in Criminal proceedings.
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