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Showing posts from March, 2023
Simultaneous Prosecution under both provisions not barred - principal of double jeopardy not applicable
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Section 52 TP Act -Alienation Of Suit Property Pendente Lite Not Invalid; But It'll Be Subject To Rights Of Litigants: Supreme Court
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During pendency of a partition suit and no final decree been passed, the parties can seek benefit of the amended law - Settlement Deed In A Partition Suit Must Include Written Consent Of All Parties - Consent Decree Among Only Some Parties Not Maintainable
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When the original is with opposite party Xerox copy can be marked
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court can't demand property documents,VAO Certificate, Tahsildar certificate, nativity certificate,solvency certificate from surety - Residential proof alone is sufficient
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Successful Auction Purchaser can withdraw from e-Auction; NCLAT upheld refund of EMD and first instalment
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Subsequent Undertaking By Transferee To Provide Basic Amenities Can Be Considered Part Of Transfer Deed: Calcutta HighCourt
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Can Entertain Delay Condonation Applications In Execution Proceedings Even In Absence Of Specific Provision: Madras High Court Reiterates
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Registration of sale certificate - Sub Registrar refused to register sale certificate citing arrears of tax payable to State by borrowers of mortgaged properties - Held, Sub Registrar cannot refuse to register sale certificate on ground that there is attachment order passed by Civil Court
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Even if a daughter is given dowry, she still has right to family property: Bombay High Court
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Oral partition and division through unregistered and unstamped Koorchit is accepted mode of partition -
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unless there is a specific bar under the contract, it is always open for the arbitrator / Arbitral Tribunal to award pendente lite interest
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Can orders be reviewed because they relied on judgment which was later overruled? Supreme Court
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Refusal to registration - Validity - Ground that original partition deed was not presented - Registrar is directed to accept certified copy of partition deed for registration - Rule 55A struch down
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Extinguishment Of Debt Under IBC Will Not Lead To Discharge Of Criminal Charges Under Section 138 NI Act- SC Clarifies
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Plaintiff can't be denied the right to use public road if he has alternate access to his property
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Will Can't Be Presumed To Be Genuine Merely Because It Is Aged More Than 30 Years Old : Supreme Court
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Denial of Electricity connection on ground that civil suit is pending challenging ownership of property, improper
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Petition to send Will for hand writing experts opinion - Respondents being the propounder of the Will owe the duty to prove genuineness of Will as per S. 63 of Succession Act and Ss. 68 to 71 of Evidence Act - refusing to grant permission to send Will for hand writing expert opinion,proper.
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Complaint filed on 24.9.1997 Authorisation to Manager only on 17.11.1997, subsequent to filing complaint Authorisation was held to be valid
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A person can represent the body corporate even on an authorization letter and does not require any supporting resolution to be passed by the concern
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A person can represent the body corporate even on an authorization letter and does not require any supporting resolution to be passed by the concern
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Power of Attorney holder executed sale agreement - subsequently principal executed sale deed in favour of third party - specific Performance suit filed by agreement holder - suit decreed
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Power of Attorney executed for survey the property and negotiate claims - sale deed executed using the power of Attorney is not valid
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Power of Attorney executed sale deed - after sale power revoked - sale deed executed by power of Attorney valid - subsequent sale deed by principal - non est in law
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when both the Original and Certified copy of a Judgment are lost, then an ordinary copy of the same may be adduced as an valid secondary evidence under Section 65 of the Indian Evidence Act, 1872.
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Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit
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Tribunal has jurisdiction to entertain appeal even in respect of claim less than Rs.10 lakh
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Even issuance of notice under Section 13(4) and Rule 8 - Bank not physically dispossess the borrower - wait till it takes steps to conduct actual sale i.e.till issuance of notice under Rule 8(6) - otherwise the borrower doesn't confer any right to take recourse to section 17(1).
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Objection To Admissibility Of Document For Insufficiency Of Stamp Has To Be Taken When It Is Tendered In Evidence ; Court Cannot De-Exhibit It Later
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45 Days Time Limit For Filing Application U/Sec 17 SARFAESI Act Is Meant For Quick Enforcement Of Security
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Order of attachment can't be a bar to register the sale certificate
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Secured creditors duty bound to disclose subsisting Encumbrance in sale notice - bidder cannot be compelled to complete sale with Encumbrance - refund of earnest money directed
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Bank bound to disclose order of attachment of tax department - if not disclosed - successful bidder is entitled to seek back his advance
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Banks and financial institutions should disclose Encumbrance of secured asset in auction notice - failure to disclose - Bank is directed to refund entire sale consideration
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Rule 8(6)(f) mandates that, secured creditor should disclose Encumbrance of property - on failure auction purchaser entitled to refund of earnest money
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Rule 8(6)(f) mandates that, secured creditor should disclose Encumbrance of property - on failure auction purchaser entitled to refund of earnest money
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Person who doesn't respond to notice under section 13(2) should be considered to be aware of the consequences - sale takes place only on expiry of 30 days from date of issuance of notice - No notice is necessary under section 13(4) before taking possession of secured asset
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Section 14 is to be invoked only when secured creditor faces obstruction and not as routine by-passing provisions contained in Section 13(4).
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Possession can't be taken from lessee of borrower who is in possession of secured asset under valid lease until lawful Possession of lessee gets determined
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Writ petition against the order of magistrate under section 14 SARFAESI Act is maintainable
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Leesee is in possession of secured asset - Application for possession by creditor - Lessee is entitled to be heared - order of court below granting assistance without hearing lessee is illegal
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Leesee is in possession of secured asset - Application for possession by creditor - Lessee is entitled to be heared - order of court below granting assistance without hearing lessee is illegal
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Appeal against order for obtaining possession under section 14 is maintainable - Appeal can be maintained even before handing over possession to secured creditor
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Leesee is in possession of secured asset - Application for possession by creditor - Lessee is entitled to be heared - order of court below granting assistance without hearing lessee is illegal
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Provisions of SARFAESI Act 2002, does not override provisions of Rent Control Act - Banks cannot arbitrarily evict tenants residing in said tenanted premises by using provisions under SARFAESI Act - tenant can be evicted only after following the due process of law, as prescribed under the provisions of the Rent Control Act.
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Borrower/debtor can approach Debts Recovery Tribunal under section 17 at stage of possession notice referred to in rule 8(1) and 8(2) of 2002 Rules.
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Company's Authorized Signatory Not "Drawer" Of Cheque, Not Liable To Pay Interim Compensation Under Sec.143A : Bombay High Court
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Amendment in section 77A is prospective - Documents executed before the amendment comming into force can't be cancelled
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Amendment in section 77A is prospective - Documents executed before the amendment comming into force can't be cancelled
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Senior Citizens Act Prospective In Nature; Won't Affect Past Transactions
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Creditor bound to consider representation of debtor - Reply to such representation with reasons is integral and indispensable - section 13(3A) is Mandatory.
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Creditor bound to consider representation of debtor - Reply to such representation with reasons is integral and indispensable - section 13(3A) is Mandatory.
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A female member of the scheduled tribe is not entitled to any right of survivorship under the provisions of Hindu Succession Act.
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Hindu Succession Law does not to exclude tribal women from its operation but only intends to positively include the customs.
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Sale deed executed by power agent on 21.06.92 and registered on 23.07.1992 - meantime on 08.07.92 Principal executed sale deed in favour of third party - the moment it was registered,it will become operative from the date of its execution.
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Agreement to Sell in respect of Bank Mortgaged property is valid - Subsequent Purchaser is entitled to Impleading
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Husband barrowed money - issued cheque and subsequently died - wife inherited property from husband - Liable to attachment
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Arbitral proceedings conducted by a unilaterally appointed arbitrator are void ab initio and the consequent award is non-est.
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Suit for permanent injunction - plaintiff executed a will in favour of his grandson - after his demise Impleading application filed by grandson based on will - maintainable
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