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Landmark Judgments and Articles on Law

Whether Property allotted on the license to the deceased is partible among his legal heirs?

IN THE HIGH COURT OF DELHI RSA No. 394/2015 Decided On: 29.04.2020 Gopi Chand Vs. Geeta Devi and Ors. Hon’ble Judges/Coram: Rajiv Sahai Endlaw, J. 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and…

When should the court not allow Amendment of plaint at the Appellate stage?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8199 of 2009 Decided On: 15.02.2019 Mehboob-Ur-Rehman Vs. Ahsanul Ghani Hon’ble Judges/Coram: Abhay Manohar Sapre and Dinesh Maheshwari, JJ. Citation: 2020(2) MHLJ 58 1. The Appellant herein (since deceased and represented by his legal representatives) had…

Whether court should give divorce on ground that wife had filed criminal case against husband if he has not taken that plea in his divorce petition?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1912­ 1913 OF 2020 (Arising out of SLP (CIVIL) Nos.2704­ 2705 of 2019) Mangayakarasi .…Appellant(s) Versus M. Yuvaraj …. Respondent(s) JUDGMENT A.S. Bopanna,J. Leave granted. 2. The appellant is before this Court assailing…

When court should not review an order on ground of Discovery of new Evidence?

IN THE HIGH COURT OF MADRAS Review C.M.P. No. 117 of 1994 in S.A. No. 839 of 1994 Decided On: 20.02.1996 Shanmugam Servai Vs. P. Periyakaruppan Servai Hon’ble Judges/Coram:N. Arumugam, J. Citation: AIR 1996 Mad 411 1. Heard. Seeking the review of the judgment delivered…

Whether it is necessary to issue notice before issuance of Search warrant U/S 97 of CrPC?

In the High Court of Karnataka Revisional Criminal (Before Nagappa, J.) Sri Khamarulla Khan alias Ali Jan Vs Smt. Mujiba K. Khan Decided on February 6, 1980 Citation: 1980 SCC OnLine Kar 44 Nagappa, J.:— This petition is directed against the order dated 23rd February…

Whether court should draw an adverse inference if a party fails to produce a document?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) S.A. No. 238 of 2000 Decided On: 14.09.2017 Ratanlal Vs. Shantabai and Ors. Hon’ble Judges/Coram:A.S. Chandurkar A.S. Chandurkar, J. 1. This appeal filed under section 100 of the Civil Procedure Code, 1908 is by the original defendant…

Whether one member of joint family can take plea of adverse possession against another member?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 7089 of 2010 Decided On: 04.12.2017 Nanjegowda (D) by L.Rs. and Ors. Vs. Ramegowda Hon’ble Judges/Coram: Abhay Manohar Sapre and Navin Sinha, JJ. Citation: (2018) 1 SCC 574 1. This appeal is filed by the Defendants…

Whether a person who is not party to suit can file appeal?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 102 OF 2013 (Arising out of S.L.P. (C) No. 35271 of 2011) Hardevinder Singh … Appellant Versus Paramjit Singh & others …Respondents J U D G M E N T Dipak Misra, J….

Dishonest Litigation Is Severely Punished With Actual Lawyer’s Costs

IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No. 228/2017 20th September, 2017 ELCEE PLASTIC INDUSTRIES & ORS. ….. Appellants Through: Mr. A.K.Singla, Sr. Adv. with Mr. Sudhir Sukhija, Mr. Shivam Garg and Mr. Rama Shankar,Advocates Versus HARKISHAN DASS (SINCE DECEASED) THROUGH ITS LRs….

When high court should not dismiss appeal in limine?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1182 OF 2007 Faridabad Complex Administration Vs M/s Iron Master India (P) Ltd. Citation: (2017) 4 SCC 136 1) This appeal is filed by the appellant(defendant) against the final judgment and order dated 16.02.2004…

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