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Landmark Judgments and Articles on Law

Whether court can set aside exparte decree only against some of defendants?

IN THE HIGH COURT OF BOMBAY Writ Petition Nos. 5123 of 2017 and 3587 of 2018 Decided On: 02.05.2019 Rupee Cooperative Bank Limited Vs. Vijaya Paints Pvt. Ltd. and Ors. Hon’ble Judges/Coram:M.S. Sonak, J. Citation: 2020 (1) MHLJ 210 1. Heard learned counsel for the…

If Widow who remarries loses rights over late Husband’s property?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION APPEAL NO.8 OF 2007 IN NOTICE OF MOTION NO.80 OF 2006 IN PETITION NO.676 OF 2006 Mr Sanjay Purshottam Patankar … Appellant v/s Smt Prajakta Pramnod Patil … Respondent Mr A.K. Sarena for…

SC : A person can not claim Title in Property even if his Property is Recorded in his Name in Revenue record

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5919 OF 2011 Prahlad Pradhan & Ors. …Appellants versus Sonu Kumhar & Ors. …Respondents JUDGMENT INDU MALHOTRA, J. 1. The present dispute arises out of a Civil Suit filed by the Respondents for…

Routine Explanation Not Enough For Condonation Of Delay

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 9488­ 9489 OF 2019 (Arising out of SLP (Civil) Nos.5581­ 5582 of 2019) University of Delhi .…Appellant(s) Versus Union of India & Ors. …. Respondent(s) J U D G M E N T…

Whether obstructionist can take defence that Decree which is to be executed is nullity?

IN THE HIGH COURT OF BOMBAY Writ Petition No. 1491 of 1984 Decided On: 05.10.1990 Mani Nariman Daruwala Vs. Phiroz M. Bhatena Hon’ble Judges/Coram:A.C. Agarwal, J. Citation: AIR 1991 Bom 328 1. Where an obstructionist who fails to establish an independent right to possession can…

Delaying tactics adopted by Litigants cannot be Rewarded on the Pretext of Justice

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5842 OF 2019 (ARISING OUT OF SLP (CIVIL) NO. 16640 OF 2017) STATE BANK OF INDIA & ORS. …..APPELLANT(S) VERSUS ATINDRA NATH BHATTACHARYYA & ANR. …..RESPONDENT(S) JUDGMENT HEMANT GUPTA, J. Leave granted. 2)…

Limitation U/s 468 CrPC To Be Calculated From The Alleged Date Of Commission Of The Offence

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.: 87 of 2018 . Reserved on: 29.04.2019 Date of Decision: 20.05.2019 Ravi Kapoor @ Jeetendra …..Petitioner. Vs. State of Himachal Pradesh and another …..Respondents. Coram: The Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether…

What is difference between Ordinary trustee and Hereditary trustee?

IN THE HIGH COURT OF BOMBAY First Appeal No. 535 of 1975 Decided On: 22.02.1993 Abaji Daulata Yadav Vs. Dhondiram Jagedevrao Yadav and Ors. Hon’ble Judges/Coram: P.S. Patankar, J. Citation: 1994(3) Bom CR60 1. There is one religious trust by name `Bhairav-Dev’ situate at village…

Quantum of Maintenance granted should always be reasonable

HIGH COURT OF JAMMU & KASHMIR AT JAMMU CRMC No.775/2018 IA No.1/2018 Date of order: 18.12.2018 Krishan Singh vs Jyoti Jamwal and anr Coram:Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge Appearing counsel: For petitioner/appellant (s) : Mr. C.M.Gupta, Advocate For respondent(s) : 1. Heard. 2….

In criminal cases, Period of Limitation starts from the Date of Complaint, not from Date of Cognizance

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.829 OF 2005 Mrs. Sarah Mathew … Appellant Versus The Institute of Cardio Vascular Diseases by its Director– Dr. K.M. Cherian & Ors. … Respondents WITH Special Leave Petition (Crl.) Nos.5687-5688 of 2013 M/s….

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