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Tag: First Appeal

Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

2011 PLRonline 0206 (SC) Madras High Court Before: Justice R. Mala Titan Industries Ltd. v. State Bank of India, Appeal ...

Motor Vehicles Act, S. 173 – Pay and Recover – Insurance Company exonerated – Appeal by claimants for making insurance company liable – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being Claimants have right to file Appeal – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.

HIGH COURT BOMBAY Before : Justice Shivkumar Dige. Shubhash Waman Baviskar v. Adinath Hambirrao Budhwant First Appeal No.410 Of 2016 ...

CPC O. 21 R. 97, 99 and 101 – Impleadment in execution proceedings – All questions relating to right, title or interest and relevant shall have to be determined by the Court dealing with the application. [2022 PLRonline 1429504, 2022 SCeJ 1418]

2022 PLRonline 1429504, 2022 SCeJ 1418 SUPREME COURT OF INDIA M.R. Shah J. B.V. Nagarathna J. Bangalore Development Authority v. ...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

Punjab Land Revenue Act, 1887 – S.118, S.121 – Merely because instrument of partition was not drawn u/s 121 , could not be said that the partition was not completed. [ 2023 SCeJ 0211]

Execution – Mere pendency of an appeal does not mean that decree passed by trial Court is not to be executed. [2023 PLRonline 485657]

LogIn to read (2023-1)209 PLR 774; 2023 PLRonline 485657 Chanderwati v. Rajinder Kumar Arjun Singh, (2023-1)209 PLR 774; 2023 PLRonline ...

Doctrine of merger – Does not make a distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority. [SCeJ 212701]

LogIn required for accessing Judgment There can only be one operative decree governing the same subject-matter at a given point ...

Agreement to Sell – Signed only by the vendor and not purchaser – Valid. [SupremeCourtOnline 211102]

Suit for specific performance – Conduct of the appellants shows their real intentions, as immediately after the stipulated date i.e 30.4.2009, they issued notice on 1.5.2009 , terminating the agreement to sell in question without giving an opportunity to him to perform his part of the contract by extending time . [2014 PLRonline 0207]

The suit for specific performance involves the termination of an agreement to sell without giving the other party an opportunity ...

Cruelty – Mere filing of a criminal case itself cannot be termed as “cruelty” | Desertion – Having regard to the nature of the allegations made in the complaint cannot be said that the wife had no valid reason to leave the company of the husband. [PLRonline 401605]

LogIn/Subscribe to read judgment 2022 PLRonline 590 HIGH COURT OF KARNATAKA AT BENGALURU Justice Alok Aradhe and Justice S. Vishwajith ...

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Tag: First Appeal

Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

CPC O. 21 R. 97, 99 and 101 – Impleadment in execution proceedings – All questions relating to right, title or interest and relevant shall have to be determined by the Court dealing with the application. [2022 PLRonline 1429504, 2022 SCeJ 1418]

Punjab Land Revenue Act, 1887 – S.118, S.121 – Merely because instrument of partition was not drawn u/s 121 , could not be said that the partition was not completed. [ 2023 SCeJ 0211]

Execution – Mere pendency of an appeal does not mean that decree passed by trial Court is not to be executed. [2023 PLRonline 485657]

Doctrine of merger – Does not make a distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority. [SCeJ 212701]

Agreement to Sell – Signed only by the vendor and not purchaser – Valid. [SupremeCourtOnline 211102]

Cruelty – Mere filing of a criminal case itself cannot be termed as “cruelty” | Desertion – Having regard to the nature of the allegations made in the complaint cannot be said that the wife had no valid reason to leave the company of the husband. [PLRonline 401605]

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

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

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Tag: First Appeal

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