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 […]
Tag: 1956
Eviction of Tenant by unregistered partnership firm !
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 […]
Service of Notice in Suit for Eviction – held 106 TPA automatically complied.
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 […]
Forgery and Cheating
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: M J Rao Bench: M […]
Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.
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, […]
Supreme Court on Benami Transactions
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 THE SUPREME COURT OF INDIA […]
Liability of Pledgee for Criminal Breach of Trust
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 […]
138 Acquittal won’t bar civil suit for recovery says Supreme Court
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 […]
Arbitrary Allotment of Petrol Pumps …SC
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 […]
Amendment of Plaint to prevent partial partition – application by defendant ?
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 […]