CIVIL
CPC, Order 21 Rule 37 – Execution – Arrest of the JD – Show cause notice is required to be issued calling upon the judgment debtor with regard to the payment of decretal amount, failing which the judgment debtor was liable to be arrested – The executing Court is required to record a positive finding as there is no possible way to satisfy the decree except by way of arrest of the judgment debtor.
CPC, Order 21 Rule 37 - Execution - Arrest of the JD - If Section 51 CPC is read in...
Read moreCPC S. 89 – Court fees – Is refundable wherever there is any settlement
CPC, Section 89 – S. 89 CPC shall cover, and the benefit of Section 69-A of the Tamil Nadu Court...
Read moreCPC O. 7 , R. 11 – Haryana Cooperative Societies Act, 1984, S. 102 – Issue of jurisdiction would not be attracted in this case since the matter is not with regard to management or business of the society – Fraud – Suit shall lie.
CPC O. 7 , R. 11 - Haryana Cooperative Societies Act, 1984, S. 102 - Issue of jurisdiction would not...
Read moreCPC O. 21 R. 14 – Application seeking directions to defendants to produce the original account books, original resolution register, original register of notices of meeting for inspection of plaintiff – Prayer rightly declined as same are not relevant to the main relief claimed by the plaintiff as admittedly names of both the trusts are different.
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Consumer Protection Act – Deficiency of service -If the deficiency is not established, having regard to the explicit terms of the contract, the consumer must fail.
Consumer Protection Act - Deficiency of service - The scope of the enquiry, in a case under the Consumer Protection...
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Motor Vehicles Act, 1988, S. 185 – Consumer Protection Act, 1986 – Insurance – Drunken driving – Influence of alcohol
All that is required is to show that at the time of driving the vehicle, resulting in the accident, the...
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CPC S. 100 – Concurrent findings of facts recorded by both the Courts below – Unless the concurrent findings recorded by the courts below were found to be perverse, the same were not required to be interfered with by the High Court in exercise of powers under Section 100 of CPC.
CPC S. 100 - Concurrent findings of facts recorded by both the Courts below - Unless the concurrent findings recorded...
Read moreKAZI MOINUDDIN KAZI BASHIRODDIN v. THE MAHARASHTRA TOURISM DEVELOPMENT CORPORATION , 2022 PLRonline 392
Supreme Court of India JUSTICE DINESH MAHESHWARI, JUSTICE SUDHANSHU DHULIA KAZI MOINUDDIN KAZI BASHIRODDIN v. THE MAHARASHTRA TOURISM DEVELOPMENT CORPORATION...
Read moreCPA – Builder – Refund – 18% interest awarded on the refund amount. (2022-4) PLR 78 , 2022 SCeJ 1133
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Read moreCPC O. 7, R. 11(d) – Trial Court must remember that if on a meaningful and not formal reading of the plaint it is manifestly vexatious and meritless in the sense of not disclosing a clear right to sue, it should exercise the power
CPC, 1908, O.7, R.11(d) - Disclosure - The trial Court must remember that if on a meaningful and not formal...
Read moreCPC O. 7 R. 11 – An application under Order VII Rule 11 of the CPC can be filed at any stage
CPC, 1908 - Order 7 Rule 11 - Rejection of plaint - An application under Order VII Rule 11 of...
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CPC O. 7, R. 11(d) – Plaint – Bar of limitation – Rejection of plaint – Suit for declaration and possession – Application filed after 15 years of filing of suit
CPC, 1908, O.7, R.11(d) - Plaint - Bar of limitation - Rejection of plaint - Suit for declaration and possession...
Read more[SC] Adverse Possession – Suit for declaration of title based on adverse possession maturing into ownership – Maintainable.
Adverse Possession – Suit for declaration of title based on adverse possession maturing into ownership – Maintainable. (2019-3)195 PLR 584...
Read more[SC] Land Acquisition Act S. 11A, 17(3A) – Section 11A though applicable to the cases of acquisition initiated under Section 17(1) of Act, 1894 the consequence of it will not affect the case where the land has absolutely vested on compliance of subsection (3A) to Section 17 of Act, 1894 and 80% of estimated compensation is tendered and paid.
. Hence, when there is a challenge by the land loser, each case will have to be considered on its...
Read moreLand Acquisition Act S. 11A, 17(3A) – Applicability
Land Acquisition Act, 1894 – S. 11A, 17(3A) - The provision contained in Section 11A of Act, 1894 shall be...
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