September 2019

Anticipatory Bail-Second Petition- Changed Circumstances—Contention that first application was rejected on incorrect facts-Held; In any case, the earlier order was passed in presence of counsel for the petitioner and if any incorrect facts had been mentioned, the same should have been brought to the notice of the Court there and then-Second petition dismissed in absence of any changed circumstances.

By | September 17th, 2019|Categories: Anticipatory Bail|

Arbitration—Interest on Award—The accrued interest merges into the amount awarded and becomes decreetai amount—Claiming of interest upon said ‘ decreetal amount’ subsequently does not amount to charging of “interest on interest’.

By | September 17th, 2019|Categories: Arbitration|

Restoration of Execution Petition-Dismissal in default-Petition was dismissed apparently due to non­ filing of copy of the application as well as RC/AD . Fault of court officials no penalty on DH.

By | September 17th, 2019|Categories: Execution|

Held; As per S.3 of 1930 Act, Government has to prescribe the format of maintaining and furnishing accounts-Thus, in absence of any such rules being promulgated by Government creditor was not obligated to fulfill the requirement of S.3 of 1930 Act—Appeal dismissed

By | September 17th, 2019|Categories: Corporate cases|

Execution of Decree-An Executing Court cannot go behind the Decree, more so at the instance of a judgment debtor, who otherwise was obligated to raise all the disputed facts at the trial stage itself

By | September 17th, 2019|Categories: Execution|

Bail—Two other cases for dishonor of cheques and one case under Section 420 IPC are pending against the petitioner—These cases are of similar nature as the present case—However, out of 14 witnesses only 2 have been examined till date-Keeping in view that trial to take time and petitioner is not accused of any other serious or heinous criminal offence, bail granted

By | September 17th, 2019|Categories: Bail|

Specific Relief Act, 1963, S.20—Agreement to Sell—Specific Performance— Attachment of Property—Agreement to sell entered into by a judgment-debtor (seller) before the attachment of the property in execution of decree of money suit for recovery would prevail over such attachment—Civil Procedure Code, 1908, S.64

By | September 13th, 2019|Categories: Specific Performance|

Accident—Tort-Feasor—Share which tort-feasor may otherwise liable for, in the compensation amount; have to be deducted. Precedents—If other High Court have taken a different view but own High Court has already considered those judgments and have laid down that the said judgments do not lay down the correct law then those judgments of other High Courts have to be ignored,

By | September 13th, 2019|Categories: Liability of Insurance Company|

Agreement to Sell—Specific Performance—It is not the law that if the plaintiff has filed a suit for permanent injunction before the target date in all cases, the plaintiff must be held ready and willing to perform his part of the contract

By | September 13th, 2019|Categories: Specific Performance|

Maintenance—Reduction of—Husband has to take care of two sons and allegedly keeping second wife—Keeping in view that one-third pension has already been released—Award of Rs.10,000/ – held to be on higher side reduced to Rs.7,000/- per month.     

By | September 13th, 2019|Categories: Maintenance|

Prevention of Money Laundering Act, 2002, S.45—Bail—Interim bail made absolute—Money Laundering-Petitioner is on bail for the last about 1 year and 6 months and has not misused the concession of bail at any time—Interim bail is made absolute

By | September 13th, 2019|Categories: Bail|

It is to be seen during the course of trial whether the motive attributed to the petitioner for causing injuries to the complainant is on account of civil litigation or for the same civil dispute, it is to involve him falsely as there was injunction in his favour— Petitioner is in custody for 1 year 6 months and 1 days and complainant stands examined—Without commenting on merits bail granted

By | September 13th, 2019|Categories: Bail|

FSL report was awaited to verify whether the suicide note was in the handwriting of the deceased or not—Petitioner has remained in judicial custody for 3 months and was on interim bail for 1 year and has not misused the bail—Statement of complainant has been recorded and FSL report has been received—Trial to take to conclude—Without commenting on merits, interim bail made absolute

By | September 13th, 2019|Categories: Bail|

Agreement to Sell—Specific Performance—On the basis of construction carried out by the proposed seller during the pendency of the suit, buyer’s right to get specific performance of the sale proposed cannot be defeated

By | September 13th, 2019|Categories: Specific Performance|

Limitation—Suit for Ownership—Suit filed in 2007 laying challenge to the sale deed executed in 1988—Knowledge of execution of sale deed was admitted in 1995—Held; Provision of Article 58 of Limitation Act would apply, instead of Article 59—Suit held to be rightly barred by limitation—Specific Relief Act, 1963, S.34.

By | September 13th, 2019|Categories: Limitation Act|