Delay Condonation – Liberal Approach – Sufficient Cause – The petitioners sought condonation of a delay of 443 days in filing applications to set aside the default order dismissing their objections to attachment in execution proceedings – The Court held: The cause shown, supported by medical certificates of the petitioner's husband and the petitioner herself, constitute...
Interrogatories – Land Acquisition Case – Denial of Application – Petition challenging order of Sub Judge, Vaishali, Hajipur, denying interrogatories to the petitioner – High Court upheld lower court’s decision, emphasizing judicial discretion in allowing interrogatories – Found no error in the order rejecting the interrogatories application [Paras 1-5].
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Motor Accident – Compensation – Appellants, wife and children of the deceased, challenged the compensation awarded by the Tribunal – The deceased died due to injuries sustained in a two-wheeler accident – The Tribunal dismissed the claim on the ground that the accident was self-inflicted and the insurance company was not liable – Held: The High Court set aside the Tri...
Civil Procedure – Additional Evidence – Order 41 Rule 27 CPC – Whether the appellate court can allow additional evidence not produced during the trial – Held, the appellate court can admit additional evidence when necessary to pronounce judgment or for substantial cause – The appellate court found that the deed of ‘Bondobosto’ by the Maharaja of Bardhaman,...
Civil Procedure - Order 7 Rule 11(d) CPC – Rejection of Plaint – Bar under Section 144 CPC – Suit Barred – The Appellant filed a Civil Revision Application seeking rejection of a declaratory suit under Order 7 Rule 11(d) CPC, claiming that the suit was barred by Section 144(2) of the Code of Civil Procedure – The respondents had earlier been denied the right to ...
Stamp Duty – Sale by Public Tender – Market Value Discrepancy – Matter Remanded – The petitioner challenged the deficiency in stamp duty assessed on the sale of a mortgaged property by public tender under SARFAESI Act. The Court examined whether the sale was exempt from scrutiny under Section 47-A of the Indian Stamp Act due to its nature as a public sale. The Court held th...
Service Law - Cancellation of Group-I Notification – Validity of Revised Notification No.02/2024 – The petitioners contended that the cancellation of Notification No.4/2022 by TSPSC was arbitrary and unconstitutional – Court held: The Commission has the authority to alter or withdraw notifications, as per para 13 of Notification No.4/2022 – The cancellation of the notificat...
Motor Accident Claim – Motor Accident – Involvement of Car – Appeal against the dismissal of a claim for compensation – Appellants, the widow, minor child, and parents of the deceased, sought compensation after Ikhbal died in a road accident – Accident allegedly caused by the respondent's car when the deceased was overtaking a bus on his motorcycle – Trial c...
SARFAESI Act - Assignment of Overdraft Facility – Compliance with RBI Master Directions – Validity of Assignment – The appellants argued that their overdraft facility account was not a “Stressed Loan” as it had not been declared as a Special Mention Account (SMA) under the RBI’s Master Directions – Court held: Continuous breach of the sanctioned overdraft ...
Insolvency Law – Suspension of Resolution Professional – Failure in Duties – The petitioner, a Resolution Professional (RP) in the Corporate Insolvency Resolution Process (CIRP) of M/s. Transparent Energy System Pvt. Ltd., was suspended by the Disciplinary Committee of the IBBI for one year for failing to exercise due diligence in verifying the Resolution Plan and non-intimation ...