In a suit filed against Reciever appointed by court sanction u/s 80 CPC is required - however if leave nto taken before instituion is taken afterwards (leave to continue with suit) then defect is not fatal so as to defeat the very action. Courts should not be hypertechnical. Supreme Court of IndiaEverest Coal Company (P) Ltd … Continue reading Suit against court appointed Reciever Sanction u/s 80 CPC sine qua non
Comment : In this case an unregistered firm sued to recover possession from a tenant (erstwhile insofar as term of tenancy had ceased) - the suit was resisted on the ground that since the basis of suit lied in contract entered into with tenant - it is hit by the mischief of S.69 and an … Continue reading Eviction of Tenant by unregistered partnership firm !
Comment : This case takes a very pragmatic view of requirment of service of 15 days notice before filing a suit for recovery of possession after termination of month to month tenancy, it says that even if the tenant pleads non service of notice - if otherwise landlord - tenant relationship is accepted, the service of … Continue reading Service of Notice in Suit for Eviction – held 106 TPA automatically complied.
Supreme Court of IndiaFederal Bank Ltd. vs V.M. Jog Engineering Ltd. And Ors. on 29 September, 2000Equivalent citations: AIR 2000 SC 3166, 2001 106 CompCas 267 SCAuthor: M J RaoBench: M Rao, U BanerjeeJUDGMENTM. Jagannadha Rao, J.1. Leave granted.2. The appellant Federal Bank at Bombay was the 3rd defendant in the suit and has a … Continue reading Forgery and Cheating
Comment : In this case the court held that S.151 does not empower the court to pass wild anti suit injunctions - where the power is expressly given in S.94(a) CPC/O.39 R 1 & 2, 151 should be pushed into action only rarely. In this case a court gave an anti suit injunction staying proceedings … Continue reading Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.
Supreme Court on Benami TransactionsSupreme Court of IndiaSamittri Devi & Anr. vs Sampuran Singh & Anr. on 21 January, 2011Author: GokhaleBench: Dalveer Bhandari, H.L. GokhaleIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 846 OF 2011ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 1305 OF 2010 Samittri Devi and another. ...Appellants VersusSampuran Singh and … Continue reading Supreme Court on Benami Transactions
Comment : In this case the court held a bank liable for criminal breach of trust where it misappropriated the govt. securities pledged with it by the pledgor to secure overdraft - in actuality no overdraft was procured. The defence of S.79 of the bank was negatived for the simple reason that bank could not be … Continue reading Liability of Pledgee for Criminal Breach of Trust
Comment : In this case the Court held two basic points :-i) Civil and Criminal Proceedings can go on, on an acquittal u/s 138 would not automatically oust a civil suit for recovery. ii) Doctrine of Reverse Burden - to be proceeded with caution - presumption de hors proof of foundational facts improper. Supreme Court of IndiaVishnu Dutt … Continue reading 138 Acquittal won’t bar civil suit for recovery says Supreme Court
Though overruled by SC in a later decision in 1999 - this decision is highly public oriented - wherein the ministers, rightly, were held to be repositories of public trust, liable for breach of trust in case of arbitrary allotment of petrol pumps. Common Cause A Regd. Society vs Union Of India And Ors on 4 … Continue reading Arbitrary Allotment of Petrol Pumps …SC
The question raised in this civil revision petition is as to whether under Order VI, Rule 17 of the Civil Procedure Code, amendment of the plaint in a partition suit can be allowed at the instance of the defendants? Court held yes - since holistically in partition suit there are no judgment debtors and strict … Continue reading Amendment of Plaint to prevent partial partition – application by defendant ?