Month: January 2019

Whether a person who asserts possessory title over a particular property will have to show that he is under settled or established possession of the said property. ?

2019 ACJ- APEX COURT JUDGMENTS VOL.NO.1/2019 APEX COURT DIGEST VOL.NO.1 15. Generally, it is not open to the High Court to interfere with the findings of fact recorded by the First Appellate Court when such findings are based on the evidence on record, and are not perverse or against the material on record. – A … Read More Whether a person who asserts possessory title over a particular property will have to show that he is under settled or established possession of the said property. ?

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Whether the secured creditor can file a winding up petition after such secured creditor has obtained a decree from the DRT and a recovery certificate based thereon ?

2019 – ACJ- APEX COURT JUDGMENTS VOL.NO.1/2019 APEX COURT DIGEST VOL.NO.1 14.  the right of a secured creditor to file a winding up petition after such secured creditor has obtained a decree from the Debts Recovery Tribunal [“DRT”] and a recovery certificate based thereon. – The respondent, Kotak Mahindra Bank Limited, advanced various loans to the companies in question. The… Read More Whether the secured creditor can file a winding up petition after such secured creditor has obtained a decree from the DRT and a recovery certificate based thereon ?

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whether the rent agreed is to be considered as the rent paid by the date of comencement of the Act 2001[2003]under Rajasthan Rent control Act and it can not be considered as a revisied enhanced rent with 10% increase – more than the prescribed in the Act 2001 ?2019 – ACJ- APEX COURT JUDGMENTS VOL.NO.1/ 2019 APEX COURT DIGEST -VOL.NO.1

2019 – ACJ- APEX COURT JUDGMENTS VOL.NO.1/ 2019 APEX COURT DIGEST -VOL.NO.1 Rajasthan Rent Control Act, = Rent deed contained a clause for yearly increase of rent by 10%. The tenant continued to pay rent to the landlord as per the agreed rent with 10% enhancement yearly. The landlord issued notice dated 27.03.2004 stating that… Read More whether the rent agreed is to be considered as the rent paid by the date of comencement of the Act 2001[2003]under Rajasthan Rent control Act and it can not be considered as a revisied enhanced rent with 10% increase – more than the prescribed in the Act 2001 ?2019 – ACJ- APEX COURT JUDGMENTS VOL.NO.1/ 2019 APEX COURT DIGEST -VOL.NO.1

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whether the plaintiff is entitled for restorationof possession under sec.144 CPC, when the injunction suit was dimissed as the plaintiff failed to prove his possession ? 2019 ACJ [ APEX COURT JUDGMENT] VOL.NO.1/2019 APEX COURT DIGEST VOL.NO.1

2019 ACJ [ APEX COURT JUDGMENT] VOL.NO.1/2019 APEX COURT DIGEST VOL.NO.1 Section 144 of the Code of Civil Procedure, 1908 for the restoration of possession of the disputed land and for awarding mesne profits – Suit for injunction was dismissed finding that the plainitff failed to prove his possession – he filed a petition for… Read More whether the plaintiff is entitled for restorationof possession under sec.144 CPC, when the injunction suit was dimissed as the plaintiff failed to prove his possession ? 2019 ACJ [ APEX COURT JUDGMENT] VOL.NO.1/2019 APEX COURT DIGEST VOL.NO.1

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Accident claim – compensation is to be fixed taking into consideration of future prospects of the deceased also – Apex court fixed future prospects at 25 % per annum on the income of the deceased- 2019 ACJ [ APEX COURT JUDGMENTS] VOL. NO.1/ 2019 APEX COURT DIGEST VOL. NO.1

2019 ACJ [ APEX COURT JUDGMENTS] VOL. NO.1/ 2019 APEX COURT DIGEST VOL. NO.1 Accident claim – Tribunal fixed the income of the deceased at Rs.3,000/- and granted compensation without considering future prospects – High court dismissed the appeal due to delay- Apex court condone the delay and held that The only question for our… Read More Accident claim – compensation is to be fixed taking into consideration of future prospects of the deceased also – Apex court fixed future prospects at 25 % per annum on the income of the deceased- 2019 ACJ [ APEX COURT JUDGMENTS] VOL. NO.1/ 2019 APEX COURT DIGEST VOL. NO.1

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whether the subject matter of disputed immovable property was attached and sold in the excution of the money decree, in favour of close relative is a fradulent transfer under sec.53 of T.P. Act ? 2019 ACJ [APEX COURT JUDGEMENTS] VOL.NO.1 / 2019 APEX COURT DIGEST VOL. NO.1

2019 ACJ [APEX COURT JUDGEMENTS] VOL.NO.1 / 2019 APEX COURT DIGEST VOL. NO.1 Or.21, rule 90 CPC to set aside the sale- Money suit was decreed – Dhr filed execution petition attaching the immovable property which forms the subject matter of the dispute in another suit – A sale proclamation was issued. The property was… Read More whether the subject matter of disputed immovable property was attached and sold in the excution of the money decree, in favour of close relative is a fradulent transfer under sec.53 of T.P. Act ? 2019 ACJ [APEX COURT JUDGEMENTS] VOL.NO.1 / 2019 APEX COURT DIGEST VOL. NO.1

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whether the finding of the court without considering the commissioner report/relevant record can be set aside in the second appeal ? 2019 ACJ [APEX COURT JUDGMENTS] VOL NO.1 – 2019 APEXCOURT DIGEST VOLNO.1

2019 ACJ[APEX COURT JUDGMENTS] VOL NO.1 – 2019 APEXCOURT DIGEST VOLNO.1 9. Suit for removal of encroachment – suit was dismissed by trial court and appeal was also dismissed by the High court on the ground that there   was   a   confusion   about   the   survey Nos.,   which     K.R.Ramasami   had   purchased   and that   the   defendants   property   could   not clearly   be … Read More whether the finding of the court without considering the commissioner report/relevant record can be set aside in the second appeal ? 2019 ACJ [APEX COURT JUDGMENTS] VOL NO.1 – 2019 APEXCOURT DIGEST VOLNO.1

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whether the retired employees of the Municipal Corporation can be considered as landlord under sec.23 j(ii) of Madhya Pradesh Accommodation Control Act ? 2019 APEX COURT JUDGEMENTS [ACJ] – VOL.NO.1 & 2019 APEX COURT DIGEST -VOL-1

2019 APEX COURT JUDGEMENTS – VOL.NO.1 & 2019 APEX COURT DIGEST -VOL-1 Madhya Pradesh Accommodation Control Act, 1961 -Section 23-J(ii) of the Act.- The landlord obtained an order of eviction of his tenant under the provisions of the Madhya Pradesh Accommodation Control Act, 1961 by taking recourse to the special procedure contemplated under Chapter IIIA… Read More whether the retired employees of the Municipal Corporation can be considered as landlord under sec.23 j(ii) of Madhya Pradesh Accommodation Control Act ? 2019 APEX COURT JUDGEMENTS [ACJ] – VOL.NO.1 & 2019 APEX COURT DIGEST -VOL-1

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whether the criminal complaint under sec.498A read with sec.3 and 4 of DP Act is maintainable after taking divorce on selfserved statement of wife ? – 2019 APEX COURT DIGEST -VOL-1

2019 APEX COURT DIGEST- VOL-1 Sec.482 Cr.P.C. – Quashing of the complaint filed by Miss Swati Tyagi for the offences under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. – High court dismissed – The Criminal Appeal arising out of S.L.P. (Crl.) No. 9918 of 2010 is by parents-in-law… Read More whether the criminal complaint under sec.498A read with sec.3 and 4 of DP Act is maintainable after taking divorce on selfserved statement of wife ? – 2019 APEX COURT DIGEST -VOL-1

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