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Landmark Judgments and Articles on Law

Whether there is the limitation for claiming property by wife entrusted to husband?

 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT MR.JUSTICE A.M.SHAFFIQUE MR. JUSTICE SUNIL THOMAS and MR. JUSTICE GOPINATH P. Mat.Appeal.No.358 OF 2019 SHEELA.K.K., Vs N.G.SURESH, Dated:  24TH DAY OF SEPTEMBER 2020 By reference order dated 13/11/2019, the above matter has been referred for the…

Whether court can Condone delay in Execution of Decree as per Section 5 of Limitation Act?

Supreme Court of India CASE NO.: Appeal (civil) 1079 of 2004 PETITIONER:Damodaran Pillai & Others RESPONDENT:South Indian Bank Ltd. DATE OF JUDGMENT: 08/09/2005 BENCH: Ashok Bhan & S.B. Sinha JUDGMENT: J U D G M E N T S.B. SINHA, J: Interpretation of sub rule…

Whether it is mandatory for appellate court to comply Order 41 Rule 31 of CPC while deciding first appeal?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1485 OF 2020 [Civil Appeal No. 1485 of 2020 aising out of SLP. (C) No. 18092 of 2014] MALLURU MALLAPPA Vs KURUVATHAPPA S. ABDUL NAZEER, J. Dated:February 12, 2020. 1. Delay condoned. Leave…

Condonation of Delay – Delay of more than 10 years allowed

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NOS.6609-6613 OF 2014 Brijesh Kumar & Ors. … Petitioners Versus State of Haryana & Ors. …Respondents O R D E R 1. These petitions have been filed challenging the judgment and order…

What factors are to be considered by court while deciding Amendment to Memo of Appeal?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2928 OF 2010 (Arising out of SLP(C) No. 3937 of 2009) State of Maharashtra …Appellant Versus M/s. Hindustan Construction Company Ltd. …Respondent JUDGEMENT R.M. Lodha, J. Leave granted. 2. The question presented in…

Man is the Owner of the house bought in wife’s name

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 401 OF 1996 MS. MILAN MADHUKAR KORGAONKAR age 27, Occ: Service, R/o. C/o. Shri Madhukar Prabhakar Korgaonkar, 260-E, Tarabai Park, Kolhapur, Now: Resident of C/o. Vijay Shamrao Nimbalkar, 120, Ratnappa Kumbhar Nagar, Society No.1,…

Whether plaint can be rejected if it is barred by limitation?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 4766 of 2001 Decided On: 11.07.2006 Ramesh B. Desai Vs. Bipin Vadilal Mehta and Ors. Hon’ble Judges/Coram: Ashok Bhan and G.P. Mathur, JJ. Citation: (2006) 5 SCC 638 1. This appeal, by special leave, has been…

Whether averments made in the plaint can be presumed to be correct while deciding application for rejection of plaint?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Civil Revision Application No. 64 of 2015 Decided On: 22.03.2018 Rajendra Vs Harbanssingh and Ors. Hon’ble Judges/Coram:Manish Pitale, J. Citation: 2018(6) MHLJ 78 1. The question that arises for determination in this civil revision application is, as…

Whether quandom minor can get possession of property sold in absence of prayer for setting aside alienation?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Second Appeal (SA) No. 582 of 2006 Decided On: 04.05.2018 Vasantrao Gulabrao Thakre Vs. Sudhakar Wamanrao Hingankar Hon’ble Judges/Coram: Manish Pitale, J. Citation: 2018(5) MHLJ 121 1. The original defendant No. 1 is the appellant in this…

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