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Showing posts from September, 2023

Civil suit regarding the indipendent right without chalanging the measures taken by the bank under SARFAESI Act maintainable before Civil court

Undivided property brought in to sale - Co sharers claiming that their 2/3 shares not liable to sale - only 1/3 shares of the borrower(brother) alone liable to auction - in respect of 2/3 share Civil suit for partition is maintainable - Jurisdiction of civil barred only with respect to matters specifically mentioned in section17

Debt Recovery Tribunal - Jurisdiction - Limited to certain claims made by financial institutions for debts due to them - Civil Court's jurisdiction does not stand completely ousted.

Order passed under order 21 Rule 58 is appealable order

Time spend in writ petition is bonafide - such time should be excluded

Section 14 not applicable to pursuing alternative remedy in writ court

Order of adjudication under O.21, R.58 on question relating to title and interest of property attached under R.58 - It has force of decree and is appealable.

Order of adjudication made by Executing Court - Whether appealable so as to bar revision. Civil P.C.

Order passed on such claim under R.58(3) - Has status of "deemed decree" and not 'decree' - Miscellaneous appeal is therefore competent against such order

Order passed in respect of claim or objection to attachment of property under O. 21, R. 58 as well as those passed under Rules 98 and 100 - Regular appeal against, under Sec. 96 and not miscellaneous appeal under S. 104 read with O. 43, R.1 would be maintainable.

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 application - Against the order passed in order 21 Rule 58, civil miscellaneous appeal maintainable

Against the order passed in Order 21 Rule 58(4) C.P.C, no regular appeal is contemplated as provided u/s 96 of C.P.C. But a Civil Miscellaneous Appeal alone is contemplated.

Against the order passed in Order 21 Rule 58(4) C.P.C, no regular appeal is contemplated as provided u/s 96 of C.P.C. But a Civil Miscellaneous Appeal alone is contemplated.

Against the order passed in Petition under Order 21 Rule 58 - Civil Miscelleneous Appeal is Maintainable

The provisions of order 21 rule 58(2) which provides that a claim petition has to be decided like a suit - Provision applicable to attachment before Judgement - LoK Adalat award can be executed as decree

Automatic vacation of stay granted by any court including High Courts in civil or criminal proceedings after 6 months ‘requires serious consideration’ as it is creating problems.

Father death before 1956 - daughter not entitled share in father's property

mother, being a senior citizen and one of the legal heirs of deceased son, was entitled to a share in the terminal and pensionary benefits.

Court Fees Non-Party to document - Court fee should be paid under Section 25(d) of Act and it was not necessary to insist Plaintiff to pay Court fee under Section 40 of Act

Defendant counsel had withdrawn his Vakalatnama, in normal course, the Trial Court ought to have issued notice to the defendants to engage another counsel.

Claim against attachment of property in execution - Order passed on such claim under R.58(3) - Has status of "deemed decree" and not 'decree' - Miscellaneous appeal is therefore competent against such order.

length of delay does not matter, but explanation alone matters - Explanation given in case was that applicant had to be away due to some calamity in family - In view of same, delay condoned

Appeal shall not operate as stay of proceedings unless and until, stay order passed by Appellate Court

Appeal - Condonation of delay -Matter has to be decided on affidavits - Oral evidence cannot be allowed

If it is memorandum of past transaction, it need not be registered - but document creating right, title and interest - it requires stamping and registration

Illegal Fee Of Advocate Is Not A Legal Claim: Madras High Court Quashes Proceedings Against Client For Dishonour Of Cheque Paid To Advocate

Certified copy of an original sale deed is admissible in evidence in a trial.

Section 47 of CPC which provides for certain questions to be determined by the executing Court does not apply to execution of an arbitration award under the A&C Act.

The District Court has the jurisdiction to execute an arbitral award and the commercial court has not been conferred such jurisdiction - District Court erred in transferring the matter to the Commercial Court

Section 47 of CPC which provides for certain questions to be determined by the executing Court does not apply to execution of an arbitration award under the A&C Act.

Execution petition for decree passed by commercial court can only lie before the designated Commercial Courts and no other Court

The District Court has the jurisdiction to execute an arbitral award and the commercial court has not been conferred such jurisdiction - District Court erred in transferring the matter to the Commercial Court

Execution petition for an arbitration award can only lie before the designated Commercial Courts and no other Court

principles required for proving the validity and execution of the Will - who alleges fraud, fabrication, undue influence, et cetera has to prove the same

Eviction - Bona fide need for demolition and reconstruction - Provision not limited to building that are dilapidated and unfit for human habitation - Eviction ordered

during the course of cross examination, the witness can be confronted with the photocopies of the documents

Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstances: SC

Pious obligation of son to pay his father's debt not incurred for immoral purpose

Supreme court ordered to transfer the case - whose complaint for cheque dishonour was dismissed by the Magistrate at the final hearing stage on the ground of lack of territorial jurisdiction.

Daughter of judgement debtor filed claim petition to raise the attachment in respect of her share in jointfamily property - property attached for joint family liability - Hence they cannot resist the attachment

Third party have 1/4 share in the property subject matter of the execution - Applicant is entitled to aintain application under ordr 21 rule 90 of CPC

First suit for partition dismissed for partial partition - Subsequent suit for partition - Property omitted in earlier suit included in subsequent suit - barred under order 2 Rule 2

sale inter vivos carries warranty of title of Vendor under Section 55 of Transfer of Property Act-In Court Auction sale, there is no warranty of Title of Judgment debtor.

Cheque issued in 1995 used in the year 2000 creates doubt same not explained by complainant - presumption under section 118 can't be raised - Acquittal confirmed

return of complaint for filing original cheque is bad in law - Court cannot return the complaint for non filing of original cheque

Complaint cannot be returned for the prpose of carriying of defects - neither criminal procedure code nor criminal rules of practice empower the magistrate to return the complaint