CIVIL
Court Fees – Valuation – Whimsical valuation
Whimsical valuation Mulk Raj Khullar v. Anil Kapur & Ors., (2013) 139 DRJ 303 referred and explained. High Court,...
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REVENUE TERMS & TERMINOLOGY
REVENUE TERMS Revenue Terminology Type of land Type of Possession Unit of measurements Land & Revenue Records Terms used in...
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East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 – Order of Director Consolidation challenged beyond a period of 11 years – Assertion that order being based upon the statement of a person who was not authorized to make such a statement on behalf of the Gram Panchayat irrespective of the fact that he was Sarpanch of the Gram Panchayat – Order set aside.
Mr. Adarsh Jain, for the petitioners.Ms. Tanisha Peshawaria, Deputy Advocate General, Haryana for respondent No.1.Mr. Abhimanyu Jangra, for Mr. Rajesh...
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Punjab Village Common Lands (Regulation) Act, 1961 S. 7 – In reply which has been filed by the petitioners to the petition wherein the question of title was raised – That the matter could not be taken further
Mr. Ashwani Gaur, for the petitioners.Ms. Rajni Gupta, Addl. A.G. Haryana, for the State Punjab Village Common Lands (Regulation) Act,...
Read moreCPC O. 7 R. 11 – Suit valuation – Raised through application under Order 7 Rule 11 CPC at the stage of cross-examination of the plaintiff – Application rightly rejected by the Trial Court.
CPC O. 7 R. 11 - Suit valuation - Raised through application under Order 7 Rule 11 CPC at...
Read moreSpecific Relief Act, S. 55 – Licencee – Once a licencee always a licensee would apply to all kinds of licenses and that it cannot be said that the moment the licence is terminated, the licensee’s possession becomes that of a trespasser – Where a suit is filed with promptitude against a licensee whose license is terminated, a Suit for mandatory injunction is maintainable
Specific Relief Act, S. 55 - Licencee - Once a licencee always a licensee would apply to all kinds of...
Read more![[SC] Constitution of India – ‘betting and gambling’ in Entry 34 of List II](https://supremecourtonline.in/wp-content/uploads/2022/04/pexels-photo-789750-350x250.jpeg)
Court-fees Act, 1870, Section 7(iv)(d) – Valuation – Has to be decided primarily with reference to the relief/reliefs claimed and not on the valuation of the property
Court-fees Act, 1870, Section 7(iv)(d) – Valuation - Suit for injunction - Has to be decided primarily with reference...
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Suit for Injunction – Co-sharer – Possession of one co-sharer is possession of all co-sharers, it cannot be adverse to them, unless there is a denial of their right to their knowledge by the person in possession, and exclusion and ouster following thereon for the statutory period
Suit for Injunction - Co-sharer - Possession of one co-sharer is possession of all co-sharers, it cannot be adverse...
Read moreLand Acquisition Act, S. 6, 11-A and 4 – Stay – Lapse of proceedings – Effect of
Land Acquisition Act, 1894 , Sections 6, 11-A and 4 - Right to Fair Compensation and Transparency In Land Acquisition,...
Read moreCPC S. 9 – Jurisdiction – Court, would normally lean in favour of construction, which would uphold retention of jurisdiction of the civil court
"...The dispute between the parties was eminently a civil dispute and not a dispute under the provisions of the Companies Act....
Read moreLimitation Act, 1963 (36 of 1963), S. 14(2) – Expression ‘Court’ – Keeping in mind the scope and ambit of proceedings under the IBC before the NCLT/NCLAT, the expression ‘Court’ in Section 14(2) would be deemed to be any forum for a civil proceeding including any Tribunal or any forum under the SARFAESI Act.
Limitation Act, 1963 (36 of 1963), Section 14(2) - Expression ‘Court’ - Keeping in mind the scope and ambit of...
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Limitation – When stakes are high, the explanation should not be rejected by taking a pedantic and hyper technical view of the matter, causing thereby irreparable loss and injury to the party against whom the lis terminates –
Limitation - It is true that a valuable right may accrue to the other party by the law of limitation,...
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Limitation Act, S. 14 – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause.
Limitation Act, 1963 (36 of 1963), Section 14 – Does not say that Section 14 can only be invoked on...
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IBC S. 238A – Limitation – We see no reason why Section 14 or 18 of the Limitation Act, 1963 should not apply to proceeding under Section 7 or Section 9 of the IBC – Section 238A of the IBC makes the Limitation Act applicable to proceedings in NCLT/NCLAT ‘as far as may be’ and/or in other words, to the extent they may be applied
Insolvency and Banking Code, 2016 (31 of 2016), Section 238A - Another civil proceeding whether in a Court of first...
Read moreLimitation Act, 1963 (36 of 1963), Section 5 – Delay – Condonation – Delay can be condoned irrespective of whether there is any formal application, if there are sufficient materials on record disclosing sufficient cause for the delay – Section 5 of the Limitation Act, 1963 does not speak of any application.
Limitation Act, 1963 (36 of 1963), Section 5 – Delay - Condonation - Delay can be condoned irrespective of whether...
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