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Showing posts from November, 2023
S.138 NI Act | Offence Can Be Compounded At Initial Stage Without Complainant's Consent, Provided They Are Duly Compensate
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BREAKING| Supreme Court Doubts 'Asian Resurfacing' Judgment On Automatic Stay Vacation; Refers To 5-Judge Bench
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If the landlord and tenant have failed to enter into a tenancy agreement in writing within a period of 575 days from the date of commencement of the Act, - landlord is entitled to seek repossession of the premises, as permitted under Section 21(2)(a) of TNRRRLT Act, 2017.
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late payment of rent as per the direction of the Revenue Court, is clearly a valid ground for effecting eviction of the cultivating tenant under Section 3 of the 1955 Act
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Failure of the parties to enter into a written agreement as mandated by Section 4(2) of the TNRRRLT Act, 2017, the petitioner/tenant is liable to be evicted and the respondent/landlord is entitled to re-possession of the demised premises
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Neither Tenants Nor Courts Can Dictate To Landlord As To How His Property Should Be Utilized: Delhi HC
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Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court
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If a document that is required to be stamped is not sufficiently stamped, then a copy of such document cannot be adduced as secondary evidence.
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After 18 years, defendant cancelled settlement deed by document "settlement cancellation deed" to which plaintiff was not party - document "settlement cancellation deed" was null and void - Since settlement cancellation deed was void and not binding on plaintiff, plaintiff had limi- tation of three years from date of knowledge.
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Complaint Quashing of, on ground that complainant had already taken recourse to arbitration proceedings - Not proper.
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Negotiable Instruments Act | Arbitration Proceedings And Section 138 NI Act Proceedings Can Continue Simultaneously: Delhi High Court
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Deceased while plucking coconut from the tree, accidentally fell down from tree - Tribunal rightly fastened liability on the Insurance Company in its entirety
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2 Years Limitation To File GST Refund Application Is Directory & Not Mandatory: Madras High Court
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Married Woman Cannot Be Presumed To Have Disowned Residential Rights At Her Parents’ House:
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Settlement - limited estate given to "A" vested remainder given to son of "A" - "A" 'S daughter chalange the settlement deed that ,as per Section 10 of TP Act, Condition restraining alienation - court held section 10 not applicable to settlement deed.
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Revenue Records can't be changed based on unregistered will
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Application for attachment of property dismissed - Revision is not maintainable - Remedy is prefer regular appeal.
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Suit for Specific Performance of Memorandum of Understanding - Suit is only for enforcement of Agreement simpliciter without seeking any other relief - Suit is not 'Suit for land.
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Suit for Land Guiding principles - Suit where adjudication would affect title to immoveable property or for possession of immovable property is Suit for land Even if object of Suit is different
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Limitation Act is not applicable to petition filed for setting aside orders passed ex parte under Order 21, Rule 106 Order 21, Rule 105(4) Madras Amendment is no longer in force.
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Even in suit for recovery of money, Principle of lis pendence is applicable - Lis commence from the date of presentation of plaint
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Re-Marriage Of Widow Is Personal Choice, Not Ground To Deny Compensation Under Motor Vehicle Act: Punjab & Haryana High Court.
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Title Of Immovable Property Can't Be Transferred Through Sale Agreement Or General Power Of Attorney - Suit for possession and mesne profit filed by the unregistered agreement holder not maintainable
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Supreme Court rules High Courts, Sessions Courts can grant anticipatory bail to accused even if FIR registered in another State
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S. 6(1) relates to interest in co-parcenary property only - Property involved in suit not coparcenary property of Hindu joint family - S. 6 has no application
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Place earmarked for school, parks, etc., cannot be altered or utilised for any other purposes
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Revenue Records Won't Confer Title; In Title Suit, Plaintiff Can't Succeed By Merely Pointing Out Lacunae In Defendant's Title : Supreme Court.
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In order to prove the genuineness of a will, it is not enough to examine a random witness who asserts that he saw the attesting witness affix his signature in the Will - no witness was examined who was familiar with the signature of either of the attesting witnesses and who could vouch for the same or produce an admitted signature before the Trial Court.
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Christian - male died intestate leaving behind his mother,wife and children - his wife and children only entitled for partition - mother not entitled for partition of the property of her deceased son.
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Limitation period for appeals starts from date of Rectification Order when merged with Original Order.
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No Objection Certificate (NOC) from the owner of the premises is not required for a tenant to get a new electricity connection.
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The suit is for recovery of mortgage debt - Suit is not for a land or immovable properties.
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suit for recovery of money enforcement of mortgage does not involve determination of title to land or decree for possession of land - properties situated outside jurisdiction - suit is maintainable.
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Suit to recover money secured by a mortgage is not a suit for land - Even property out sifde the jurisdiction of the court can file suit
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Amendment to Order XXI Rule 105(3) of C.P.C. for Tamil Nadu, vide Tamil Nadu Government Gazette dated 27.02.1972 - Application for setting aside the ex parte Decree can be filed beyond 30 days.
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Ex parte - Setting aside - Application without number - No need to issued notice to landlord while giving number to application filed by tenant
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Appointment of Court Commissioners before commencement of trial has been held to be erroneous - appointment of Court Commissioner for measurement of land and fixation of boundaries is not warranted.
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Unless the debt due to unsecured creditors are discharged - The sale certificate can't be registered - Registering authority can refused to register the sale certificate
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Prior mortgage in favour of bank - subsequently attachment order passed by Chit Registrar - Secured creditors cannot wash off their hands in totally depriving rights of other creditors as well as attachment made by Chit Registrar - liable to discharge the debt of unsecured creditors
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Registrar has been given only limited powers of the Civil Court as listed out in the section itself which do not include power to set aside exparte order
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Man Living With a Woman Without Divorcing His Spouse Can’t Be Called Live-In Relationship, it's amount to bigamy
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First suit based on infringement of trade mark and passing off action till date of suit - Second suit regarding continuous acts of infringement of trade mark and passing off action on part of defendant subsequent to filing of earlier suit and which had continued till date of second suit - Not barred.
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Hindu female, exclusive owner of property - On her death, her legal heir not becoming entitled to property independently of her right - But deriving right through her - adverse possession can't claim - Cause of action in earlier suit, different than that of present suit - Suit not barred by O.2, R.2 - not applicable to partition suit
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Cause of action in subsequent suit different - Relief asked for in subsequent suit not one which could have been asked for in earlier suit - Subsequent suit is not barred.
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Cause of action for relief of declaration and for the relief of possession of immoveable property are different - Order II Rule 2 of CPC does not apply while earlier suit is still pending and applies only after earlier suit has been disposed of
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Omission to take plea of bar in written statement or in grounds of appeal - Court cannot entertain plea under O.2, R. 2.
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Suit for permanent injunction - Defendants dispossessing plaintiff after filing of thesuit - court can grant relief of recovery of possession even without pleadings.
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Distinct causes of action - Cause of action for second suit arising during pendency of first - Second suit is not barred.
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The agreement to sell is not a conveyance; it does not transfer ownership rights or confers any title
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MSMED Act- Writ Petition Challenging Facilitation Council’s Award Not Maintainable - only remedy available is to challenge the award under section 34 of Arbitration and Conciliation Act.
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Order II Rule 2 of the CPC cannot apply to an amendment which is sought on an existing suit - All amendments are to be allowed which are necessary for determining the real question - amendment merely sought to introduce an additional or a new approach without introducing a time barred cause of action, the amendment is liable to be allowed even after expiry of limitation - plaintiff can seek relief of compensation by way of amendment - compensation cannot be awarded under the section unless the Plaintiff has claimed.
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ஒப்பந்தத்தில் கண்டுள்ளவாறு கிரையப் பத்திரத்தை குறிப்பிட்ட நாளுக்குள் எழுதி பெறாமல் வேண்டுமென்றே காலதாமதம் செய்து வந்து அதன்மூலம் நில உரிமையாளர்களுக்கு இழப்பு அல்லது நஷ்டத்தை ஏற்படுத்தினால் அட்வான்ஸ் தொகையை திருப்பி செலுத்த வேண்டியதில்லை
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Determination of the age could be ascertained definitely by a chemical test. It reveals that even prior to 1964, chemical tests were in application to find out age of ink.
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The disputed documents has to be sent to Central Forensic Department, Hyderabad
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The disputed document has to be referred to the expert for ascertaining the age of the ink
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There is no expert in terms of Section 45 of the Indian Evidence Act available who could be in a position to offer any opinion regarding the age of the ink
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Liberty is granted to the respondent, if there is any expert is available, the respondent can be sent the document for expert opinion to find out the age of the ink.
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Question of ascertaining the age of the ink by expert does not arise since the petitioner/accused admitted her signature in the disputed cheque.
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Question of ascertaining the age of the ink by expert does not arise since the petitioner/accused admitted her signature in the disputed cheque
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There is no scientific facility to determine the age of the ink
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The document can be sent for expert opinion to find out the age of the ink.
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The document can be sent for expert opinion to find out the age of the ink.
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Determination of age of the ink used can be ordered by the Court
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Finding the age of the writing in a document is only futile - there is no scientific method available anywhere in this State to scientifically assess the age of any writing.
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There is no scientific facility to determine the age of the ink
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No Scientific Method To Determine Age Of Ink Used In Writing: Bombay High Court Quashes Order Allowing Ink-Age Test On Disputed Cheque
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Supreme Court Allows Man To Donate Liver To 3-Year-Old Cousin Who Is Overseas Citizen Of India; Says Order Won't Be Treated As Precedent.
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