Suit against court appointed Reciever Sanction u/s 80 CPC sine qua non

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

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 … Continue reading Eviction of Tenant by unregistered partnership firm !

Limitation period for breach of contract.

Supreme Court of India Bhajan Singh Hardit Singh And Co., … vs Karson Agency (India) And Ors. on 31 March, 1967 Author: Tatachari Bench: K Hegde, H Khanna, T Tatachari … Continue reading Limitation period for breach of contract.

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) … Continue reading Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.

Is criminal judgment binding on a civil case ?

Comment : We, therefore, are of the opinion that the judgment in a criminal case was not relevant in evidence for the purpose of proving a person’s civil liability and the … Continue reading Is criminal judgment binding on a civil case ?

Supreme Court on the Basics of Law of Partition

Comment : In this case the court was faced with a query “whether there is a period of limitation for filing an application for passing of final decree (metes and … Continue reading Supreme Court on the Basics of Law of Partition

Bar Council Decision res judicata on civil court

Comment  : The issue in this case was whether a cantankerous litigant having exhausted his remedies against an advocate in the Bar Council (State as well as National) Can sue … Continue reading Bar Council Decision res judicata on civil court