Sec.5 of Limitation Act – Sec.19 Of Revision powers of High court – Apex court held that we are of the opinion that the case of Nagar Palika Parishad, Morena (supra) was decided erroneously. Section 5 of the Limitation Act is applicable to Section 19 of the Act of 1983 = “Whether Provision of Section 5 of the Limitation Act … Continue reading
Or.14, rule 1 and 2 of C.P.C. and Art.10 , 59 ,92 and 96 of Limitation – suit filed against ex trustee for declaration that the settlement deeds dt. 27-3-1978 executed by him infavour of his daughter and grand daughters in respect of Trust Property is null and void – defendant took plea that it … Continue reading
Limitation Act, 1963 – s.22 – Suit filed alleging that the defendants had illegally encroached on a public street – Trial court decreed the suit and issued permanent injunction – Decree challenged on the ground that the suit itself was barred by limitation – Held: The suit could not be said to be barred by … Continue reading
Code of Civil Procedure, 1908 – Or.XXIII, r.3-A – Suit – Maintainability – Appellant filed suit seeking declaration that decree passed by the Assistant Collector, Class-I, in a suit u/ss.176, 178 and 182 of the Land Reforms Act was fraudulent, inoperative and not binding upon him – Allegation that decree passed by Assistant Collector was … Continue reading
Court Fees Act, 1870: Filing of plaint – Deficient court fee – Right of defendant to raise objection – Held: Question of court fee is a matter between the plaintiff and the Court – If the Court comes to the conclusion that the court fee paid in the lower court is not sufficient, … Continue reading
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40692 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1079 OF 2006 ECON ANTRI LTD. … APPELLANT VS. ROM INDUSTRIES LTD. & ANR. … RESPONDENTS JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J. 1. On 13/10/2006, while granting leave in Special Leave Petition (Criminal) No.211 of 2005, … Continue reading
THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL APPEAL (SR) No.2368 OF 2012 JUDGMENT:- In view of the fact that the acquittal of the accused in Calendar Case No.975 of 2008 on the file of the Chief Metropolitan Magistrate at Visakhapatnam, and in view of the amended provisions of Section 372 … Continue reading
PETITIONER: SMT. CHANDRAKANTABEN ETC. Vs. RESPONDENT: VADILAL BAPALAL MODI & OTHERS. DATE OF JUDGMENT30/03/1989 BENCH: SHARMA, L.M. (J) BENCH: SHARMA, L.M. (J) KANIA, M.H. CITATION: 1989 AIR 1269 1989 SCR (2) 232 1989 SCC (2) 630 JT 1989 (4) 115 1989 SCALE (1)802 ACT: Indian Evidence Act, 1872. Sections 34, 61 and 114. Books of … Continue reading
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN Present HON’BLE SRI JUSTICE G. BHAVANI PRASAD C.R.P.M.P.No.5642 of 2011 and C.R.P.(SR).No.23470 of 2011 Between: Government of Andhra Pradesh .. Petitioner AND L. Krishnavardhan Reddy & 5 others .. Respondents The Court made the … Continue reading
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1734 OF 2006 Union of India & Anr. … Appellants Versus M/s Deepak Electric & Trading Company & Anr. … Respondents J U D G M E N T A. K. PATNAIK, J. This is an appeal against the order dated 03.01.2003 … Continue reading