Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court
1 year, 7 months ago

Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court

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The Kerala High Court on Wednesday clarified that a person, including a stranger to the suit apart from the judgment debtor or those claiming derivative title from the judgment debtor, is competent to challenge a sale of property under Order XXI Rule 90 of the CPC if their interests are affected by the sale.A Division Bench of Justice Anil K Narendran and Justice A Badharudeen added that. The Kerala High Court on Wednesday clarified that a person, including a stranger to the suit apart from the judgment debtor or those claiming derivative title from the judgment debtor, is competent to challenge a sale of property under Order XXI Rule 90 of the CPC if their interests are affected by the sale. The Court initially looked into the question of whether non-parties and individuals claiming through the judgment debtor can challenge a court sale under Order XXI Rule 90. It was found that Order XXI Rule 90 allows the decree-holder, the purchaser, any other person entitled to share in a rateable distribution of assets, or any person whose interests are affected by the sale of immovable property to apply to set aside the sale on grounds of material irregularity or fraud in its conduct.

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History of this topic

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
2 weeks, 1 day ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property. The Court clarified that while applications under Section 47 …

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
2 weeks, 1 day ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property.The Court clarified that while applications under Section 47 of …

Order XXII Rule 4 CPC | Supreme Court Explains Correct Procedure To File Applications To Substitute Legal Heirs, Set Aside Abatement & Condone Delay
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1 month, 1 week ago

Order XXII Rule 4 CPC | Supreme Court Explains Correct Procedure To File Applications To Substitute Legal Heirs, Set Aside Abatement & Condone Delay

Live Law  

The Supreme Court has issued a clarification regarding the substitution of legal heirs in ongoing litigation, addressing a frequent procedural misstep by lawyers. "Thus, the total time-frame for filing an application for substitution and for setting aside abatement, as outlined in Articles 120 and 121 of the Limitation Act, is 150 days. Moreover, if the lawyer misses both the opportunity, …

Suppression Of Assets While Seeking Permission To Sue As 'Indigent Person' Indicates Party Playing Fraud On Court: Kerala High Court
1 month, 1 week ago

Suppression Of Assets While Seeking Permission To Sue As 'Indigent Person' Indicates Party Playing Fraud On Court: Kerala High Court

Live Law  

The Kerala High Court has observed that if a person does not fully disclose the details of his property while applying to sue as an indigent person, it is an indication that he wants to play fraud on the court by suppressing his ability to pay court fee. “When a party in possession of movable/s and immovable property/ies fails to …

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court
2 months, 1 week ago

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court

Live Law  

While dealing with dismissal of a suit, seeking cancellation of a sale deed, on the ground of limitation, the Supreme Court recently reiterated that the period of limitation in such cases begins from the date when knowledge of fraud is acquired, and not the date of registration. "While the High Court came to the correct conclusion that under Article 59 …

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court
2 months, 2 weeks ago

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court

Live Law  

The Kerala High Court observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
3 months ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

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The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

Basic Purpose Of Order XVIII Rule 17 Of CPC Is To Enable Court To Clarify Position, Not To Fill Lacuna In Evidence: Calcutta High Court
3 months, 1 week ago

Basic Purpose Of Order XVIII Rule 17 Of CPC Is To Enable Court To Clarify Position, Not To Fill Lacuna In Evidence: Calcutta High Court

Live Law  

Justice Sugato Majumdar of the High Court at Calcutta, while dismissing an application under Order XVIII Rule 17 read with Section 151 of CPC, 1908, ruled “Unexplained lethargy and long delay in production of document which is otherwise available cannot be cured at this belated stage. Bhoomi Minerals Ltd. due to distressed sale of the company in view of failure …

[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC
7 months, 3 weeks ago

[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC

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The Karnataka High Court has held that purchasers of a property from the auction purchaser can make an application before the executing court for obtaining possession of the properties from the owners/occupants. Appellants argued that they being the purchasers from the auction purchaser can very much maintain an application under Order 21 Rule 95 CPC inasmuch as they stepped into …

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court
8 months ago

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court

Live Law  

The Bombay High Court has held that under Section 9-A CPC Act, 2018), a Trial Court cannot frame an issue which has the effect of disposing of the suit only in part. The petitioners/plaintiffs challenged the order of the Trial Court in allowing the application of respondents/defendants to frame a preliminary issue of limitation under Section 9-A CPC in the …

Previously Instituted Suit Can't Be Stayed U/S 10 CPC On Ground That Subsequent Suit On Same Issue Is Pending Between Parties: Kerala High Court
1 year ago

Previously Instituted Suit Can't Be Stayed U/S 10 CPC On Ground That Subsequent Suit On Same Issue Is Pending Between Parties: Kerala High Court

Live Law  

The Kerala High Court has made it clear that when two suits between the same parties on the same issue are pending, it is only the subsequent suit which can be stayed in exercise of powers under Section 10 of the Civil Procedure Code. “Considering the fact that the suit filed by the respondent being the one filed earlier, it …

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court
1 year, 5 months ago

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court

Live Law  

The Kerala High Court on Tuesday condoned a delay of 25 days in filing an appeal under the Commercial Courts Act, 2015, on the ground that such delay had not resulted in any loss on the part of the opposite party. The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas though took note of the intent of …

Order 23 Rule 3(A) - Bar On Filing New Suits Only Applicable To Parties Involved In Compromise Decrees, Not To Strangers: J&K High Court
1 year, 5 months ago

Order 23 Rule 3(A) - Bar On Filing New Suits Only Applicable To Parties Involved In Compromise Decrees, Not To Strangers: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that although Order 23, Rule 3-A of the Civil Procedure Code bars new suits from setting aside a decree based on a lawful compromise, the bar only applies to parties involved in the compromise and does not preclude strangers to the suit from filing independent suits to challenge the compromise …

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court
1 year, 6 months ago

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court

Live Law  

The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90 CPC does not preclude the appellant from challenging the sale if the mandatory procedures under Order XXI Rule 64 were not complied with. Order XXI Rule 64 CPC deals with the power of the court …

When Does Limitation For Application Under Order XXI Rule 95 CPC Start? Supreme Court Refers To Larger Bench, Doubts '96 Precedent
1 year, 7 months ago

When Does Limitation For Application Under Order XXI Rule 95 CPC Start? Supreme Court Refers To Larger Bench, Doubts '96 Precedent

Live Law  

The Supreme Court recently referred a pertinent question of law for reconsideration by a larger bench. The Supreme Court bench comprising Justices Abhay S. Oka and Justice Rajesh Bindal was hearing an appeal against a Kerala High Court judgment which dismissed the revision application by holding that the starting point of limitation for making an application under Rule 95 of …

Objection Filed After Sale Of Attached Property Barred Under Order 21 Rule 58 CPC, Family Courts Should Be Careful: Kerala High Court
1 year, 9 months ago

Objection Filed After Sale Of Attached Property Barred Under Order 21 Rule 58 CPC, Family Courts Should Be Careful: Kerala High Court

Live Law  

The Kerala High Court recently held that an objection cannot be filed after the sale of attached property has been confirmed, as per the bar under proviso to Order 21 Rule 58. The Family Court allowed the claim petition filed by the 1st respondent and lifted the attachment finding that, there was nothing to prove title of the 2nd respondent …

Plea In Kerala High Court Challenges Special Court's Order Directing State To Produce Documents In Brewery License Case
1 year, 9 months ago

Plea In Kerala High Court Challenges Special Court's Order Directing State To Produce Documents In Brewery License Case

Live Law  

A plea has been filed in the Kerala High Court for quashing the order issued by the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram seeking the production of documents by the State Government, in relation to the brewery allotment corruption case.The case pertains to the alleged graft in the issuance of brewery licenses by the previous administration of the …

Local Self Govt Tribunal | Limitation Under Rule 8(3) For Filing Petitions Not Applicable To Pleas For Setting Aside Ex-Parte Order: Kerala High Court
1 year, 9 months ago

Local Self Govt Tribunal | Limitation Under Rule 8(3) For Filing Petitions Not Applicable To Pleas For Setting Aside Ex-Parte Order: Kerala High Court

Live Law  

The Kerala High Court recently enunciated that the time limit which has been fixed under Rule 8 of the Tribunal for the Local Self Government Institution Rules, 1999, is only in respect of petitions to be filed as provided in Rules 8 and 8 of the Rules, 1999 and not in respect of a petition filed in the said proceedings …

Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court
2 years ago

Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court

Live Law  

The Sikkim High Court on Monday underlined the difference between Order VIII Rule 1 A CPC which deals with timeline of filing written statement by the defendant and producing relevnant documents on record, and Order XLI Rule 25 CPC which paves way for a party to tender additional evidence before the trial court after new issues are framed by the …

What Is The Scope Of Limitation In Suit For Specific Performance Where No Time Was Mentioned For Execution Of Sale Deed? MP High Court Answers
2 years, 1 month ago

What Is The Scope Of Limitation In Suit For Specific Performance Where No Time Was Mentioned For Execution Of Sale Deed? MP High Court Answers

Live Law  

The Madhya Pradesh High Court recently held that the limitation period in a suit for specific relief with respect to a sale deed, where no time was mentioned for its execution, would commence from the date it comes to the notice of the Plaintiff that specific performance is being refused to them by the Defendant. Bansal observed- In the present …

[O21 R64 CPC] Executing Court To Attach Only Such Portion Of Property For Sale As Is Necessary To Satisfy Decretal Amount: AP High Court
2 years, 2 months ago

[O21 R64 CPC] Executing Court To Attach Only Such Portion Of Property For Sale As Is Necessary To Satisfy Decretal Amount: AP High Court

Live Law  

In a recent case Justice B.S. Bhanumathi of Andhra Pradesh High Court set aside the order of the Execution Court for sale of attached property at a meager value to satisfy a small decretal amount. The Decree Holder filed Execution Petition for realization of the decreed amount by putting 5 Acres schedule of property for sale as per Order 21 …

Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court
2 years, 5 months ago

Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court

Live Law  

The Bombay High Court has recently held that the trial court has "full power" under Order I Rule 10 of the Civil Procedure Code to add a party as defendant if necessary to decide a suit, even if the plaintiff does not choose to implead said party. Justice Sandeep V. Marne of the Aurangabad Bench dismissed a writ petition challenging …

Order I Rule 10 CPC - Nobody Can Be Permitted To Be Impleaded As Defendants Against The Wish Of The Plaintiffs Unless Court Suo Motu Directs: Supreme Court
2 years, 6 months ago

Order I Rule 10 CPC - Nobody Can Be Permitted To Be Impleaded As Defendants Against The Wish Of The Plaintiffs Unless Court Suo Motu Directs: Supreme Court

Live Law  

The Supreme Court reiterated that the plaintiffs are the dominus litis and unless the court suo motu directs, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs.The bench comprising Justices MR Shah and Krishna Murari observed that non-impleading the subsequent purchasers as defendants on the objection raised by the plaintiffs shall be at the …

Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit: Kerala High Court
2 years, 7 months ago

Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that cases pending before commercial courts in the State as on 18.03.2022 which have a pecuniary value less than Rs.10 lakh shall continue before the commercial courts.Justice A. Badharudeen observed that a transfer of such pending cases was not necessary since the Government Order increasing the pecuniary limit of commercial courts did not …

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
2 years, 8 months ago

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Live Law  

The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. The issues that arose for consideration in this case were– whether the consumer complaint case filed by the respondents had abated …

Purchaser Of Suit Property Cannot File Application Under Order XXI Rule 97 CPC Objecting Execution Of Decree By Decree Holder: Supreme Court
2 years, 8 months ago

Purchaser Of Suit Property Cannot File Application Under Order XXI Rule 97 CPC Objecting Execution Of Decree By Decree Holder: Supreme Court

Live Law  

The Supreme Court observed that purchaser of the suit property from the decree holder is not entitled to file an application under Order XXI Rule 97 of Code of Civil Procedure Code, 1908 objecting execution of the decree by the decree holder.BackgroundIn this case, a Suit filed by late Shri N.D. Mishra was decreed by the Trial Court restraining the …

CPC| Order For Rateable Distribution Of Property Among Various Decree Holders Bars Them From Setting-Off Their Individual Debt: Kerala High Court
2 years, 9 months ago

CPC| Order For Rateable Distribution Of Property Among Various Decree Holders Bars Them From Setting-Off Their Individual Debt: Kerala High Court

Live Law  

The Kerala High Court recently ruled that under the Code of Civil Procedure, when there is an order of rateable distribution for a property in favour of separate decree holders, one of them cannot claim to set-off their entire debt from the sale proceeds. "A conjoint reading of Section 73 and Order XXI Rule 72 would show that whenever a …

No Valid Sale Under Law If Notice Of Sale On Which Parties Acted Upon Has Been Set Aside: Kerala High Court
2 years, 10 months ago

No Valid Sale Under Law If Notice Of Sale On Which Parties Acted Upon Has Been Set Aside: Kerala High Court

Live Law  

The Kerala High Court on Wednesday observed that when the notice of sale based on which the parties bid for property has been set aside, it can be presumed that there is no valid sale under the law. Justice Bechu Kurian Thomas thereby dismissed the plea which had sought a direction to the respondent to confirm the sale of the …

CPC | No Prohibition On Third Party To Proceed Under O. 21 R. 97, 99 & 101 Even After Rejection Of Impleadment Under O. 1 R. 10: Orissa High Court
2 years, 10 months ago

CPC | No Prohibition On Third Party To Proceed Under O. 21 R. 97, 99 & 101 Even After Rejection Of Impleadment Under O. 1 R. 10: Orissa High Court

Live Law  

The Orissa High Court has held that there is 'no prohibition' to bring an application under Order 21 Rules 97, 99 and 101 even after rejection of a similar application under Order 1 Rule 10, CPC. In view of these provisions, a Single Judge Bench of Justice Biswanath Rath observed, "So far as the ground assailing the impugned order that …

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC
2 years, 10 months ago

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC

Live Law  

The Delhi High Court recently affirmed a judgment on admission, passed by the court below in exercise of its discretionary powers under Order XII Rule 6 of CPC, on the ground that the defence set up was such as to make it impossible for the party to succeed.In this regard, Justice V Kameswar Rao observed,"Order XII Rule 6 of the …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 10 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

"Section 89 CPC Extends To Compromises Entered Outside Court Also": Punjab & Haryana High Court Allows Refund Of Court Fees
2 years, 11 months ago

"Section 89 CPC Extends To Compromises Entered Outside Court Also": Punjab & Haryana High Court Allows Refund Of Court Fees

Live Law  

Punjab and Haryana High Court has reiterated that parties are entitled to refund of court fees even in case of compromise entered into outside the Court. The bench comprising Justice Alka Sarin while setting aside the order passed by the Trial Court allowed the petition and held the petitioner entitled to get the refund of court fees. The application for …

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court
2 years, 11 months ago

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court

Live Law  

The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy …

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court
3 years ago

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court

Live Law  

The Supreme Court observed that the provisions of Order XXI Rule 34 of the Code of Civil Procedure cannot be diluted and it has to invite objections from the judgment debtor to the draft deed/document submitted by the decree holder. The court noted the scheme of Order XXI Rule 34 as follows: -If the judgment debtor neglects or refuses to …

Filing Affidavits Of Personal Assets Not Permitted Under Order XXI Rule 37 CPC: Delhi High Court
3 years, 1 month ago

Filing Affidavits Of Personal Assets Not Permitted Under Order XXI Rule 37 CPC: Delhi High Court

Live Law  

The Delhi High Court has held that Order XXI Rule 37 of the Code of Civil Procedure does not provide for a judgment debtor or its directors to file their list of assets.Justice Amit Bansal thus set aside the order of the District Judge, Patiala House Courts directing the Directors of the Judgement-Debtor Company to file affidavits of personal assets. …

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court
3 years, 3 months ago

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure at any stage of the suit where admissions of facts have been made either in the pleadings or otherwise. Mudagal quashed the order of the Trial Court, by which it had rejected the application made by petitioners under …

[Foreign Liquor Rules, 1953] Whether Mere Addition Or Deletion Of A Director Could Be Said To Be A Reconstitution Of A Board In Terms Of Rule 19(Ii): Supreme Court To Consider
3 years, 4 months ago

[Foreign Liquor Rules, 1953] Whether Mere Addition Or Deletion Of A Director Could Be Said To Be A Reconstitution Of A Board In Terms Of Rule 19(Ii): Supreme Court To Consider

Live Law  

The Supreme Court on Wednesday agreed to examine as to whether mere addition or deletion of a director could be said to be a reconstitution of a board in terms of Rule 19 of the Foreign Liquor Rules, 1953. The bench of Justices SK Kaul and MM Sundresh in the present matter was considering a special leave petition assailing Kerala …

Order Of Commercial Court U/Sec 9 Of Arbitration & Conciliation Act Appealable: Kerala High Court
4 years, 3 months ago

Order Of Commercial Court U/Sec 9 Of Arbitration & Conciliation Act Appealable: Kerala High Court

Live Law  

An order under Section 9 of the Arbitration and Conciliation Act, passed by a Commercial Court below the level of a District Judge is appealable under Section 13 of the The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, the Kerala High Court has held.The Court observed thus while considering a petition challenging an order passed …

[SARFAESI] Time Limit Stipulation For District Magistrates To Deliver Possession Of Secured Asset Is Not Mandatory: Supreme Court [Read Judgment]
4 years, 4 months ago

[SARFAESI] Time Limit Stipulation For District Magistrates To Deliver Possession Of Secured Asset Is Not Mandatory: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has held that time limit stipulation in Section 14 of the SARFAESI Act mandating the District Magistrate to deliver possession of a secured asset, is directory and not mandatory and that the inability to take possession within time limit does not render the District Magistrate Functus Officio.The bench comprising Justices L. Nageswara Rao, Hemant Gupta and Ajay …

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]
4 years, 10 months ago

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot disregard the statutory limitation period to entertain writ petition assailing orders passed by statutory authorities which were not appealed against before the expiry of the maximum limitation period. Therefore, the issue before the Apex Court in the appeal filed by Revenue was whether the High Court in exercise of its …

Can Consumer Forum Extend Time Beyond 45 Days For Opposite Party's Version? SC To Pronounce Verdict Tomorrow
5 years ago

Can Consumer Forum Extend Time Beyond 45 Days For Opposite Party's Version? SC To Pronounce Verdict Tomorrow

Live Law  

The Supreme Court will pronounce judgment tomorrow on the whether the time period for filing version in Consumer case can be extended beyond the period of 45 days prescribed under the Consumer Protection Act.The issue was heard by a 5-judge bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. The Supreme Court will pronounce judgment tomorrow on the whether …

Supreme Court Weekly Round-Up
5 years, 5 months ago

Supreme Court Weekly Round-Up

Live Law  

Succession To Mutawalliship By Descendant Through Female Line Not Barred The Supreme Court held that there is no legal bar on cognatic heirs of the waqif from succeeding to mutawalliship. Section 102 CrPC- Expression 'Any Property' Does Not Include 'Immovable Property' The Supreme Court held that the expression 'any property' appearing in Section 102 of the Code of Criminal Procedure …

Court Orders Cannot Be Questioned Except Through Legal Proceedings: Kerala HC Directs Contemnors To Do 100 Hours Community Service
6 years ago

Court Orders Cannot Be Questioned Except Through Legal Proceedings: Kerala HC Directs Contemnors To Do 100 Hours Community Service

Live Law  

Directing a couple who defied court orders to do 100 hours of community service, the High Court of Kerala observed that obedience to court orders cannot be at the discretion of the person to whom it is directed, nor can such a person question the correctness of such orders except through legal proceedings. The Auction purchaser, though got a police …

Arbitration Appeals Are Bound By Rules Of Limitation: Kerala HC [Read Order]
7 years, 8 months ago

Arbitration Appeals Are Bound By Rules Of Limitation: Kerala HC [Read Order]

Live Law  

A division bench of the High Court of Kerala has ruled that even in the absence of express provisions, arbitration appeals are bound by rules of limitation.An arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, was filed before the high court. The registry raised objections in numbering the appeal, as the same was preferred without a …

Arbitration Appeals Are Bound By Rules Of Limitation: Kerala HC [Read Order]
7 years, 8 months ago

Arbitration Appeals Are Bound By Rules Of Limitation: Kerala HC [Read Order]

Live Law  

A division bench of the High Court of Kerala has ruled that even in the absence of express provisions, arbitration appeals are bound by rules of limitation.An arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, was filed before the high court. The registry raised objections in numbering the appeal, as the same was preferred without a …

District Consumer Forums can grant a further period of 15 days to the opposite party for filing his version and not beyond that: Supreme Court
9 years, 3 months ago

District Consumer Forums can grant a further period of 15 days to the opposite party for filing his version and not beyond that: Supreme Court

Live Law  

We reiterate the view that the District Forum can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that, the three Judge Bench of the Apex court said holding that the law laid down in Dr. J.J. Merchant case prevails over latter view taken in Kailash case.Three Judges Bench …

District Consumer Forums can grant a further period of 15 days to the opposite party for filing his version and not beyond that: Supreme Court
9 years, 3 months ago

District Consumer Forums can grant a further period of 15 days to the opposite party for filing his version and not beyond that: Supreme Court

Live Law  

We reiterate the view that the District Forum can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that, the three Judge Bench of the Apex court said holding that the law laid down in Dr. J.J. Merchant case prevails over latter view taken in Kailash case.Three Judges Bench …

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