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Civil Procedure Code, 1908 (V of 1908) Order 21 Rule 32 – Before passing an order under O. 21 R. ...

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Insurance policy – Non communication of special terms of policy – Repudiation set aside

NIA S. 138 – Friendly Loan – Mere fact that signatures on cheque were not disputed – “debt or other liability” not proved.

October 14, 2022

NIA S. 138 - Complaint and legal notice contains no pleadings that the cheque was issued for discharge of "debt ...

ANOOP SINGH v. DAL SINGH, (2022-3)207 PLR 313

September 12, 2022

Environment – Ponds – Encroachments – Directions

Estoppel – Sale of House – Once the plaintiff has sold the house with a passage he can not stop the defendant from using the same as a joint passage

Sale of House – Once the plaintiff has sold the house in question to the defendant, while projecting that the ...

IBC – Objectives

1. Swiss Ribbons Pvt. Ltd. & Anr. V. Union of India & Ors. [WP (Civil) Nos.99, 100, 115, 459, 598, ...

IBC S. 3(8) – Who is a Corporate Debtor

The CD cannot use the provisions of section 3, as a blanket cover to claim exclusion from proceedings under the ...

IBC S. 2(e) – Applies only for limited purpose contained in sub-sections (2) and (3) of section 60

State Bank of India v. V. Ramakrishnan & Anr. SC ...

IBC S. 3(11), S. 3(12) – Debt & Default

Debt & Default 1. Brand Realty Services Ltd. V. Sir John Bakeries India Pvt. Ltd. NCLT order ...

Rent – Mesne profits – Concept of mesne profit has been devised in order to enable the landlord to recover the market rent during the pendency of appeal and revisions – Hence, the mesne profit cannot be assessed only on the basis of fair rent fixed by the Rent Controller.

Haryana Urban (Control of Rent and Eviction Act 1973 S. 4, 5 – Mesne profits – Once the tenant has ...

Rent – The Appellate Authority is the last Court to appreciate the facts and the evidence – In such circumstances, the Appellate Court should not have taken a myopic view of the matter to refuse additional evidence.

Haryana Urban (Control of Rent and Eviction) Act 1973 S. 13 - Eviction - Respondent has pleaded that he has ...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

Will – No evidence has been produced to prove the signatures of the executant – Finding of the both courts the Will have been proved is erroneous

Evidence Act, 1872 (1 of 1872) Section 68, 69 – Will – Casts an obligation on the propounder to ...

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Bank loan – Employee was posted in the field – Fraud – Cannot take benefit of the fact that the sanctioning authority has been let off the hook – Service matter.

Bank loan - Employee was posted in the field - It was his primary duty to be careful while recommending ...

Constitution of India, Article 226 – No such principle of law that a High Court, in exercise of its jurisdiction under Art.226 of the Constitution of India cannot decide disputed questions of fact.

Bank loan – Bank Employees Working as a Field Officer – False reports – Service matter