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Showing posts from July, 2024
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Suit for Possession - defendant had raised construction over some adjoining land, and trespassed over part of plaintiff land - Actual boundary or measurements of property were not stated in plaint - Suit for possession with respect to such property was liable to be dismissed.

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Appointment of Advocate Commissioner - For sale of suit property by public auction - proper.

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Unilateral Appointment Of Arbitrator & Non Service Of Notice: Madras High Court Sets Aside Arbitral Award.

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Contractual obligations of Sole proprietor - legal representatives of a deceased are liable only to extent of estate which they inherit - Even a decree for preventive injunction can also be executed against LR's of deceased judgment-debtor if such a decree is in relation to property or runs with property if there is threat from such LR's.

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Execution Of Sale Deed Must Be Proved By Witnesses Or Parties Before Being Marked As Exhibit In Trial: Jharkhand High Court

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Bar Councils Can't Collect More Than Amount Specified Under S.24 Of Advocates Act As EnrollmentFee: Supreme Court

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Father sold entire property - son claiming partition - Non-joinder of sisters of plaintiff was clearly fatal to suit for partition - suit dismissed - Recitals as to Boundaries in documents not being inter partes, inadmissible in evidence .

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Pollution Under Control(PUC) Certificate Not Mandatory For Third PartyInsurance: Supreme Court Recalls 2017 Direction

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Mortgagor's right under S. 62 continue till mortgage money is paid - Mere expiry of period of 30 years from date of mortgage - Does not extinguish right of mortgagor under S. 62 and mortgagee cannot claim to be owner.

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Appellate Court Cannot Dispose Of Application For Production Of Additional Evidence Before Final Hearing: Patna High Court

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An authorized signatory of the company could not be considered as a 'drawer' of cheque, and therefore, could not be directed to pay the interim compensation to the complainant under Section 143A

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In the absence of prior intimation and consent of the plaintiff, defendants pulled the power line across the suit property - plaintiff is found to be entitled to maintain the suit for the removal of the same in a civil Court.

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Automatic Vacation Of Stay Invalid In Pending Trials After Overruling Of 'Asian Resurfacing' Judgment: Supreme Court

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It is duty of plaintiff-vendee to "aver and prove" his readiness and willingness -there was nothing on record to show that vendee in fact had funds in his hands or was capable of generating funds.

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Suit for recovery on basis of 5 pronotes - consolidated legal notice issued for all the three promissory Note - 5 different suits filed - not barred by Order 2 Rule 2.

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Suit for recovery of money equivalent to Stridhan property - Stridhan property does not become a joint property of wife and husband and husband has no title or independent dominion over property as owner thereof.

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Stridhana - Husband and in-laws being trustees of such property are bound to return the same if and when demanded by married woman .

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Insolvency Resolution Of Corporate Guarantor Won't Bar Creditor From Filing CIRP Against Corporate Debtor For Balance Debt - application can be filed simultaneously against principal and guarantor.

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THERE IS NO NEED TO DEDUCT ONE-THIRD OR ANY OTHER PERCENTAGE FROM OUT OF THE INCOME, TOWARDS THE PERSONAL AND LIVING EXPENSES IN INJURY CASES.

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Injury claim - 95% permanent disability - 50% towards future prospects - Loss of earning capacity awarded - multiplier method applied -

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Fracture of 9 rib bone in the right side of rib cage - Doctor assed thr disability at 60%. - Multiplier method can be used in injury claims also - Loss of future earning also awarded.

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MSME - Setting aside of award - Pre-de- posit of amount - Since for entertaining application u/S. 34 of Act of 1996, condi- tion of pre-deposit of 75% amount is man- datory, rejection of application seeking waiver was proper.

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Delay of 1,633 days in filing - Condonation of - Only ground to explain the delay was that the matter was entrusted to the counsel but later it was found that the appeal was not filed - order was within their knowledge - Application for condonation of delay was dismissed.

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Asst. Commissioner’s Authority Under Senior Citizens Act Doesn’t Extend To Nullifying Sale Deed Executed For Valuable Consideration: Karnataka HC

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A female member of joint family cannot blend her separate property with the joint family property

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Husband sought to declare that properties purchased in name of wife are benami properties purchased for his interest and not for wife's beneficial interest - Suit Decreed.

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ஒரு உயில் போலியானது, சந்தேகமுள்ளது என்று முடிவு செய்யப்பட்ட பின்னர் அந்த உயிலின் அடிப்படையில் கிரையம் வாங்கியவர்களை நல்லெண்ண கிரையதாரர்களாக கருத முடியாது - Not Entitled To Benefit U/S 41 TP Act: Supreme Court.

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No right to the accused to file the affidavit evidence - Complainant and his witness can file evidence through affidavit.

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Downloaded copy of judgement from website should be received without insisting certified copy of judgement.

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