[SC] Natural Justice – The principles of natural justice have many facets. Two of them are: notice of the case to be met, and opportunity to explain.
“Even if a statute is silent and there are no positive words in the Act or Rules made thereunder there...
[SC] Powers of a court – Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what is an effective exercise of the substantive power have to be inferred.
Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what...
[SC] NIA S. 118, 139 – Security cheque – No evidence to show any loan transaction – Burden of rebutting presumption under Ss.118 and 139 stand discharged – Acquitted
Negotiable Instruments Act, 1881 (26 of 1881) S. 138, 118, 139 – Security cheque - Appeal against acquittal - Presumption...
Vijay v. Laxman, 2013 PLRonline 90003 (SC)
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Will – Defendants claimed title on the basis of registered Will – Order directing defendants to lead their evidence first, upheld
Evidence Act, Section 101 – Will - Defendants are staking their claim on the basis of a registered Will left...
Developer failed to complete construction of the demolished society – Interim prayer allowed restraining the developer from interfering in the act of getting the society developed through another builder / developer
Arbitration and Conciliation Act, 1996, Section 9 - Developer failed to complete construction of the demolished society - Application by...
Will – Burden of proof in regard to a Will
Is governed by two rules namely "Onus probandi lies in every case upon the party propounding a Will, and he...
Cheque – Forgery – It would be no defence to the banker, if the forgery had been that of a clerk of a customer, that the latter had taken the clerk into his service without sufficient inquiry as to his character.
"As the customer and the banker are under a contractual relation in this matter, it appears obvious that in drawing...
TONY ENTERPRISES V. RESERVE BANK OF INDIA, 2019 PLRonline 3401
2019 PLRonline 3401 Kerala High Court HIGH COURT OF KERALA AT ERNAKULAM JUSTICE A.MUHAMED MUSTAQUE TONY ENTERPRISES V. RESERVE BANK...
ICICI BANK LIMITED v. UMA SHANKAR SIVASUBRAMANIAN, 2022 PLRonline 0398 (Mad.)
PLR PLRonline 2022 PLRonline 0398 (Mad.) . HIGH COURT OF JUDICATURE AT MADRAS Before: Ms. Justice P.T.Asha ICICI BANK LIMITED...
Cheque – Fraud – Forgery – Signatures
"11. "The principle of this case cannot help the respondent before us. If the signatures on the cheque had been...
Fraud – “No man is bound by a bargain into which he has been induced by fraud to enter, because assent is necessary to a valid contract.”
KERR On the Law of Fraud and Mistake 7 th Edition