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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
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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
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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.
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Order passed under order 21 Rule 58 is appealable order
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Time spend in writ petition is bonafide - such time should be excluded
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Section 14 not applicable to pursuing alternative remedy in writ court
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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.
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Order of adjudication made by Executing Court - Whether appealable so as to bar revision. Civil P.C.
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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
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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.
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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 application - Against the order passed in order 21 Rule 58, civil miscellaneous appeal maintainable
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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.
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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.
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Against the order passed in Petition under Order 21 Rule 58 - Civil Miscelleneous Appeal is Maintainable
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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.
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Father death before 1956 - daughter not entitled share in father's property
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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.
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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
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Defendant counsel had withdrawn his Vakalatnama, in normal course, the Trial Court ought to have issued notice to the defendants to engage another counsel.
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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
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Appeal shall not operate as stay of proceedings unless and until, stay order passed by Appellate Court
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Appeal - Condonation of delay -Matter has to be decided on affidavits - Oral evidence cannot be allowed
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If it is memorandum of past transaction, it need not be registered - but document creating right, title and interest - it requires stamping and registration
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Illegal Fee Of Advocate Is Not A Legal Claim: Madras High Court Quashes Proceedings Against Client For Dishonour Of Cheque Paid To Advocate
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Certified copy of an original sale deed is admissible in evidence in a trial.
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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.
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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.
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Execution petition for decree passed by commercial court can only lie before the designated Commercial Courts and no other Court
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Execution petition for an arbitration award can only lie before the designated Commercial Courts and no other Court
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principles required for proving the validity and execution of the Will - who alleges fraud, fabrication, undue influence, et cetera has to prove the same
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Eviction - Bona fide need for demolition and reconstruction - Provision not limited to building that are dilapidated and unfit for human habitation - Eviction ordered
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during the course of cross examination, the witness can be confronted with the photocopies of the documents
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Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstances: SC
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Pious obligation of son to pay his father's debt not incurred for immoral purpose
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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.
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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
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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
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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.
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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
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return of complaint for filing original cheque is bad in law - Court cannot return the complaint for non filing of original cheque
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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
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