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Showing posts from May, 2023
Index of caselaws relating to family matters
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An accused cannot be denied bail on the sole ground that the co-accused has not surrendered.
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Borrower has to pre-deposit 50% of which amount in appeal before drat u/s 18 SARFAESI Act? The Supreme Court explains.
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under Section 67(2) of the Chit Funds Act to permit the petitioner's lawyer to appear on her behalf
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If a statute is curative or merely clarificatory of the previous law, retrospective operation thereof may be permitted
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Finding of civil court would not supersede finding recorded by criminal court - No question of double jeopardy
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Unregistered release deed can be received as evidence if party producing it willing to pay deficit stamp duty and penalty
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Maps prepared by private persons and not under authority of Government - Are irrelevant unless proof of fact that they were generally offered for public sale
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Bank producing books of account -Entries therein corroborated by Branch Manager and other bank officials - Sufficient proof ofloan transaction - Moreso, when loonee has admitted loan.
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Call records relating to cellular phone - Are admissible and reliable.
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Entries in account books regularly kept inthe course of business - Entry in A's account books of certain payment made to B - Relevancy and value of - Absence of corresponding entry in B's account book regarding receipt of such payment - Non-existence of such entry though not relevant under S. 34 Is relevant under Ss. 5 and 11 and can be proved by B's account books - Witness testifying to large number of transactions contained in account books - If can be permitted to testify by referring to them.
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Entries in diaries disclosing acceptance of payment of illegal gratification by petitioners - Said diaries are not books of accounts within ambit of S. 34 - Hence, alleged entries in diaries and loose sheets - Not admissible in evidence.
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Mere entries from bank's books of account or mere copies thereof are not sufficient to charge person with liability except where person concerned accepts correctness of entries
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Suit by some only of promisees arraying other promisees as pro forma defendants held maintainable.
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Suit by one out of two joint promiseesmaking the other as pro forma defendant - Maintainable
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Land owners agreeing to sell land to joint purchasers - One joint purchaser filing suit for damages against owners on ground of breach of contract -Suit for specific performanceof agreement in same form by other jointpurchaser - Not tenable.
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proper form of decree is to direct specific performance of the contract between the vendor and the prior transferee and direct the subsequent transferee to join in the conveyance so as to pass onthe title which resides in him to the prior transferee.
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Escalation of price -No ground to deny specific performance of agreement to sell - Moreso when seller-defendant had neither pleaded hardship nor produced any evidence to show that it will be inequitable to order specific performance of agreement
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Relief of specific performance - Cannot be denied on ground that price of immovable property is on rise
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If the execution of the Will is attested by only one attesting witness, the Will is liable to be rejected as invalid
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Simply proving that signature on Will was that of testator - Not enough - Requirement of its attestation by 2 or more witnesses, is mandatory - One attesting witness if able to prove execution - Examination of other attesting witness can be dispensed with.
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There was nothing in law which requires the registration of a will
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Will attested by only one attesting witness-And that too not summoned and asked to deposed as witness - Execution of Will not proved by'other evidence' in terms of S. 71.
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ஒரு முகவரியில் வசிக்கக் கூடியவர் வேறு முகவரி சம்பந்தமான சொத்துவரி விதிப்பு பற்றிய தகவல்களை கேட்கலாம், அவை மூன்றாம் நபர் தகவல் என மறுக்க கூடாது
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Award passed by Lok Adalat - Execution of - Pecuniary jurisdiction of Civil Court - Valuation of suit for purposes of Court fees was Rs.85,000/- i.e. within pecuniary jurisdiction of Court of Munsiff - Matter reference to Lok Adalat- Award passed by Lok Adalat for payment of Rs. 2,60,000/- - Is executable by Court of Munsiff itself even if decree amount exceeds its pecuniary jurisdiction.
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Enforcement of arbitration award - Award is to be executed in District Court - Munsiff's Court has no jurisdiction to enforce award.
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Enforcement of arbitral award - Application for - Is to be filed in District Court in view of R. 10 of 2000 Rules - And not by competent Civil Court inferior to Principal Civil Court of original jurisdiction on basis of territorial and pecuniary jurisdiction.
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Partition Suit – Valuation for purpose of jurisdiction and Court-fee is share of Plaintiff and not entire value of property
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Apex Court Stays Kerala HC's Judgment Holding That Claim Petition Filed Before MACT Beyond 6 Months Cannot Be Dismissed In Limine
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Cheque returned as stop payment instructions by drawer - complaint Maintainable
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complaint based on post dated blank cheque is maintainable
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Defendant agreed to pay debt amount with 36% interest - Interest at agreed rate can be granted.
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Commercial transaction- Interest at agreed rate can be granted.
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Suit on pronote stipulating rate of interest - Pendente lite interest should be awarded at stipulated rate
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Amount Reimbursed Under Mediclaim Policy Can't Be Deducted From Compensation Payable By Offending Vehicle's Insurer: Bombay High Court
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Section 20 of the Negotiable Instruments Act, which empowers the 'holder in due course' to fill up the blanks and to negotiate the instrument.
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Section 20 of the Negotiable Instruments Act, which empowers the 'holder in due course' to fill up the blanks and to negotiate the instrument.
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Section 20 of the Negotiable Instruments Act, which empowers the 'holder in due course' to fill up the blanks and to negotiate the instrument.
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In the pronote, the defendant has agreed to repay the loan amount with 24% interest and under Section 79 of NI Act, the plaintiff is entitled to receive the interest at the admitted rate, from the date of pronote till the date of realization - Holder of instrument has right to fill up
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It is settled law that pendency of the criminal matters would not be an impediment to proceed with the civil suits
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'Section 20 of the Negotiable Instruments Act is itself authority to the holder of the signed instrument to fill up the blanks and to negotiate the instrument
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The Court is competent to reduce the rate of interest, from the contractual rate, pendente lite and post decree interest at a lower rate or even refusing interest
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In the absence of any written agreement with regard to rate of interest - the plaintiff is entitled to interest only at the rate of 6 per cent. as per section 80 of the Act
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Supreme Court To Consider Whether Complaint U/S. 138 NI Act Can Be Filed Before 15 Days From Date Of Notice
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Supreme Court disapproves practice of detailed elaboration of evidence in bail orders
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Post-dated cheque - Is not a 'cheque' on the date it is drawn - It becomes a 'cheque' only on the date written on it - Period of 6 months for post-dated cheque starts from the date written on cheque.
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Testator was illiterate, blind and hard of hearing - Would not mean that his mental faculties were affected - Thus no suspicious circumstances created - Execution of Will was valid.
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cheque is returned by the bank on the ground “cheque reported lost” will not come within the purview of Section 138 of the N.I. Act
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A counter-claim is a virtually a plaint and an independent suit.
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Plaint to be rejected if it is vexatious, illusory cause of action and barred by limitation.
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Power of execution Court under R.6(2) to stay sale of attached property - Execution Court can still stay execution by sale of proper
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Plea of absence of title by vendor - suit by vendee, vendor is prohibited from pleading defect in title
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Execution court may dispense with requirements of deposit of security amount or to insist that judgement debtor should deposit amount
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Life insurance amount received by the claimants is not deductible - Pecuniary advantage received by claimant to be deductible should have correlation with accidental death and no other form of death.
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Judgement or order was obtained by fraud, then the same is a nullity
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Debts Father "- Personal debt by father, who was a junior member of coparcenary - Sons are liable, when debt is not immoral - Father's undivided* share including the shares of his sons can be sold.
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Mutation entry about right to well water surrepetitiously changed behind the back of owner - Question of raising objection cannot arise at all and such change cannot confer any right even after long lapse of time - Co-owner or co-sharer cannot claim ownership by adverse possession of the property owned jointly.
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Suit for declaration of title - Onus to prove his title is on plaintiff - He cannot succeed on weakness of defendant's case - Revenue records - Not proof of title.
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Entry in revenue record - Cannot form basis for declaration of title.
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