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Wednesday, August 15, 2012

Consequence of transaction in breach of court order

It is well settled principle of law that an authority proceeding with any matter after the prohibitory order passed by the Competent Court, has to be seriously viewed and the parties should be put back to the original position as no one can be permitted to enjoy the fruits of any order which was passed in contravention to the stay order. The said principle is fully explained by the Honourable Supreme Court in the decision reported in 2010 (4) SC 519 Manohar Lal (D) by Lrs v. Ugrasen (D) by Lrs.)

See also: 
2011(3)CTC46 (Madras)
AIR 1967 SC 1386
 AIR 1996 SC 135
AIR 2007 SC 1386

Saturday, August 11, 2012

Land Acquisition - Avoid Agricultural Land

Raghbir Singh Sehrawat v. State of Haryana, (2012) 1 SCC 792

Friday, August 10, 2012

Order II, Rule 2

Case :- MISC. BENCH No. - 2198 of 2012
Petitioner :- M/S.Roxy Petrochem Pvt.Ltd.Delhi Through Its Director
Respondent :- U.P.Financial Corporation Limited Kanpur Through M.D.&
Ors.
Petitioner Counsel :- S.B.Pandey
Respondent Counsel :- Prashant Kumar

Thursday, August 9, 2012

Alternative Remedy

A Full Bench of this Court in Chandrama Singh Vs. Managing Director, U.P. Cooperative Union, Lucknow and others, 1991 (2) UPLEBC 898 has held that when a litigant wants to bye pass statutory alternative remedy, he must plead and place necessary facts in the writ petition to show that alternative remedy is not efficacious and speedy

Sunday, August 5, 2012

Obiter dicta is also binding precedent - when

Obiter whether precedent- 2007(5)scc 428, 2012(30)lcd 1066.