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 … 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 … 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 … Continue reading Service of Notice in Suit for Eviction – held 106 TPA automatically complied.
Supreme Court of India Federal Bank Ltd. vs V.M. Jog Engineering Ltd. And Ors. on 29 September, 2000 Equivalent citations: AIR 2000 SC 3166, 2001 106 CompCas 267 SC Author: … 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) … 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 Transactions Supreme Court of India Samittri Devi & Anr. vs Sampuran Singh & Anr. on 21 January, 2011 Author: Gokhale Bench: Dalveer Bhandari, H.L. Gokhale IN … 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 … 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 … 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, … 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 … Continue reading Amendment of Plaint to prevent partial partition – application by defendant ?
Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR … Continue reading Burden of Proving good faith of transactions hit by undue influence