Search The Civil Litigator

Monday, February 13, 2012

Stay while appeal is pending

In Mool Chand Yadav v. Raza Buland, (1983) 1 LCD 109 (SC), the Hon'ble Supreme Court has held that recovery proceedings are to be stayed pending an appeal, and as such unless the same is done the appeal may be rendered nugatory. The same is an oft quoted principle, and has consistently been followed by the courts such as in  Radha Rani Cold Storage v. UP State Cold Storage, (2009) 27 LCD 1391 (DB) and in Ram Lochan v. Addl Comsr, (2010) 29 LCD 1422

Sunday, February 12, 2012

Benefit of judgment to similarly placed persons who could not approach court due to lack of funds etc

2011 2 SCC 240
2011 8 SCC 108

Sent from phone

Identical matters identical treatment

Similar matters similar treatment
2011 5 SCC 305
Sent from phone

Tagging of similar matter

2011 12 SCC 734
2010 13 SCC 56
2011 5 SCC 305
Sent from phone

Wednesday, February 8, 2012

alternative remedy - after admission

 it is neither the legal position nor such a proposition has been laid down in Suresh Chandra Tewari that once a petition is admitted, it cannot be dismissed on the ground of alternative remedy. It is no doubt correct that in the 'head note' of All India Reporter (AIR), it is stated that "petition cannot be rejected on the ground of availability of alternative remedy of filing appeal"

Tuesday, February 7, 2012

Sunday, February 5, 2012

Second charge sheet - question in writ proceedings

charge against the respondent had already been enquired into earlier and he had been exonerated of the charge in an earlier proceeding. Hence, he contended that the impugned Charge Memo would amount to double jeopardy and was therefore illegal. He relied upon the decision of this Court in Lt. Governor Delhi and Ors. v. HC Narender Singh 2004 (13) SCC 342.