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- Words and Phrases

IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.

CIVIL

CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

CIVIL

All the rules of procedure are the handmaid of justice.

CIVIL

CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

Home Category CIVIL

CIVIL

Suit for specific performance of the contract – Readiness and Willingness – Tenants

Suit for specific performance of the contract - Readiness and Willingness – Handing over of possession of property without tenants...

CIVIL

CPC S. 96 – In first appeal affidavit filed without amendment – Wholly impermissible

Civil Procedure Code, 1908 (V of 1908) – S. 96 read with Order 41 R. 31 - In first appeal...

CIVIL

Specific performance – Readiness and Willingness – Plaintiff was never willing to get the sale deed executed with tenants and/or as it is – No willingness.

Suit for specific performance of the contract - Readiness and Willingness - Trial Court held the issue of readiness in...

CIVIL

CPC O. 41 R. 31 – High Court has failed to exercise the jurisdiction vested in it as a First Appellate Court

Civil Procedure Code, 1908 (V of 1908) Order XLI Rule 31, S. 96 – First Appeal - High Court has...

CPC

First Appeal – Had to be decided strictly in adherence with the provisions contained in Order XLI Rule 31 of the Code

CPC O. 41 R. 31, CPC S. 96 - High Court failed to realise that it was deciding the First...

CIVIL

Genealogy – Principles governing such cases may be summarised thus:

Genealogy - It appears that the plaint genealogy is the very fabric and foundation of the edifice on which is...

CIVIL

Escheat – Claim of – Public Notice

Escheat – Claim of - It is well settled that when a claim of escheat is put forward by the...

CIVIL

Judgment in rem

Judgment in rem - Like judgments passed in Probate, insolvency, matrimonial or guardianship or other similar proceedings, is admissible in...

CIVIL

Evidence – Judgment – Admissibility of

Evidence Act, S. 40, S. 41 S. 42, S. 43, S. 13 - Judgments of courts are admissible in evidence...

CIVIL

Evidence – Judgment – Admissibility of

Evidence Act, S. 32, Evidence Act, S. 32(5), Judgment – Admissibility of - (1) A judgment in rem e.g judgments...

Companies Act

Companies Act S. 630 – Whether an order could be made under Section 630(2) prior to final disposal of the complaint under Section 630(1)?

Companies Act, 1956 , Section 630 - Whether an order could be made under Section 630(2) prior to final disposal...

Companies Act

Companies Act S. 630 – term ‘property of the company’

Companies Act, 1956, Section 630 - The term 'property of the company' has to be construed widely having regard to...

Companies Act

Companies Act S. 630 – Term ‘property of the company’ has to be construed widely

Companies Act, 1956 - Section 630 - The term 'property of the company' has to be construed widely having regard...

Companies Act

Companies Act S. 630 – pendency of the civil suit and any interim relief’s granted therein would not bar criminal prosecution under Section 630

Companies Act, 1956 , Section 630 - Civil court has, in spite of there being no bona fide dispute, issued...

Companies Act

CrPC S. 397(2) -High Court may exercise its inherent powers under S. 482 to set aside an interlocutory order, notwithstanding the bar under S. 397(2)

Criminal Procedure Code, Section 397(2) , 482 - Section 397(2) of the Cr.P.C provides that the High Court's powers of...

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IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.

CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

All the rules of procedure are the handmaid of justice.

CIVIL

Suit for specific performance of the contract – Readiness and Willingness – Tenants

CPC S. 96 – In first appeal affidavit filed without amendment – Wholly impermissible

Specific performance – Readiness and Willingness – Plaintiff was never willing to get the sale deed executed with tenants and/or as it is – No willingness.

CPC O. 41 R. 31 – High Court has failed to exercise the jurisdiction vested in it as a First Appellate Court

First Appeal – Had to be decided strictly in adherence with the provisions contained in Order XLI Rule 31 of the Code

Genealogy – Principles governing such cases may be summarised thus:

Escheat – Claim of – Public Notice

Judgment in rem

Evidence – Judgment – Admissibility of

Evidence – Judgment – Admissibility of

Companies Act S. 630 – Whether an order could be made under Section 630(2) prior to final disposal of the complaint under Section 630(1)?

Companies Act S. 630 – term ‘property of the company’

Companies Act S. 630 – Term ‘property of the company’ has to be construed widely

Companies Act S. 630 – pendency of the civil suit and any interim relief’s granted therein would not bar criminal prosecution under Section 630

CrPC S. 397(2) -High Court may exercise its inherent powers under S. 482 to set aside an interlocutory order, notwithstanding the bar under S. 397(2)

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