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Civil Law Judgments and Orders

appeal (civil)3055 of2008

 02 June 2008

legal question that needs to be considered by us is: Whether the appellant insurance company could be held liable to pay the amount of compensation for the default of the scooterist who was not holding licence for driving two wheeler scooter but had..

Posted in Civil Law |    hits

Judicial Propriety

 21 May 2008

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Posted in Civil Law |    hits

Delay is no ground for refusing amendment of pleadings

 12 May 2008

While allowing the prayer for amendment of the written statement by setting aside the order of Special Court (Trial of offences relating to Transactions in Securities) the Court observed thus: (i) delay is no ground for refusal of prayer for amendm..

Posted in Civil Law |    hits

Appeal against a consent decree is not maintainable

 12 May 2008

Two important issues involved in this case are (i) whether the appeal against the consent decree is maintainable? And (ii) whether the compromise statement of the appellant’s counsel and respondent’s counsel recorded by the court is a valid compromis..

Posted in Civil Law |    hits

Circumstances - when compromise decree inexcutable

 10 April 2008

Circumstances - when compromise decree inexcutable ..

Posted in Civil Law |    hits

Circumstances - when compromise decree inexcutable

 10 April 2008

Circumstances - when compromise decree inexcutable ..

Posted in Civil Law |    hits

PWD Act, Sec 47: Kunal Singh vs Union of India

 10 April 2008

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Posted in Civil Law |    hits

Motor Accident Claim- Application of multiplier

 27 March 2008

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Posted in Civil Law 1 comments |    hits

Solatium under Land Acquisition Act

 27 March 2008

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Posted in Civil Law |    hits

Specific performance of the contract

 27 March 2008

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Posted in Civil Law |    hits

Execution Petition - Period of Limitation

 27 March 2008

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Posted in Civil Law |    hits

Management of temple

 14 March 2008

Hindu Succession Act, 1956 - Section 14(1) - the necessity to have a fixed term of management for the purpose of running the temple in question has been accepted by the family for a long time..

Posted in Civil Law |    hits

Burden of proof

 02 March 2008

If the plaintiff fails to prove the existence of the fiduciary relationship or the position of active confidence held by the defendant- appellant, the burden would lie on him as he had alleged fraud. The trial Court and the High Court, therefore- can..

Posted in Civil Law |    hits

Section 56 of Contract Act

 24 February 2008

Specific Performance - Indian contract act, 1872 – Section 56 - Agreement to do an act impossible in itself is void – Agreement for sale and purchase of Thika Tenancy – Whether the specific performance of the agreement for sale becomes impossible of ..

Posted in Civil Law |    hits

Redemption of mortgage

 24 February 2008

Mortgage – Redemption of - Whether the plaintiff had a right to get possession on redemption of his mortgage ..

Posted in Civil Law |    hits

Specific Performance - What is readyness and willingness

 24 February 2008

Section 16 (c) Specific Relief Act - It is thus clear that an averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words. If the averments in the plaint as a whole do clearly indicate the ..

Posted in Civil Law |    hits

Injuction in matter dealing with letter of credit

 14 February 2008

The law relating to grant or refusal to grant injunction in the matter of invocation of a Bank Guarantee or a Letter of Credit is now well settled by a plethora of decisions not only of this court but also of the different High Courts in India. In U...

Posted in Civil Law |    hits

Major Port Trusts Act, 1963

 14 February 2008

Whether a steamer agent can be construed as owner of the goods carried in his principal's vessel within the definition of owner in relation to goods under Section 2(o) of the Major Port Trusts Act, 1963?..

Posted in Civil Law |    hits

Andhra Pradesh Land

 13 February 2008

The purpose of the Act is to identify cases involving allegation of land grabbing for speedy enquiry and trial..

Posted in Civil Law |    hits

Disposal of first appeal

 12 February 2008

he courts should not mechanically dispose of first appeals filed under section 96 of the Civil Procedure Code..

Posted in Civil Law |    hits