Search The Civil Litigator

Wednesday, September 28, 2011

Interest on delayed payment

2006 24 LCD 479
--------------------------------------
Sent from handheld device

PoA holder cannot ask for certiorari, mandamus, prohibition - it must be sought by the person aggrieved personally

2010 28 LCD 1 / 2003 4 AWC 3010 (DB)
--------------------------------------
Sent from handheld device

Remedy for non compliance of directions given by high court is not application but by writ

1987 Supp SCC 705
2006 24 LCD 1741 -also for alternative remedy
--------------------------------------
Sent from handheld device

Show cause notice liable to be quashed when issue without jurisdiction

2007 218 ELT 647 (SC)
Check but
--------------------------------------
Sent from handheld device

Notice when forms an integral part -its receipt will give jurisdiction

IFB Automotive Seating: http://indiankanoon.org/doc/463286/ : AIR 2003 Cal 80
Adani Exports

Tuesday, September 27, 2011

Similar matters should receive similar judicial treatment

Vinod Trading, 1982 2 SCC 40
Veer Bajrang, AIR 1987 SC 1345
Vishnu Traders, 1995 Suppl 1 SCC 461
--------------------------------------
Sent from handheld device

Friday, September 23, 2011

Contempt and third parties

2005 23 LCD 1082
AIR 1970 SC 1767
Even if a party is not arrayed in the original matter, he can be held up for contempt.

--------------------------------------
Sent from handheld device

Thursday, September 15, 2011

226 maintainable against private individuals

2010 8 SCC 329 (para 55)
--------------------------------------
Sent from handheld device

Wednesday, September 14, 2011

Contempt

Deliberately stating falsehood on oath is contempt. 2000 2 SCC 362

Reconsideration of a claim - especially stale claim

2008 10 SCC 115

Limitation: don't get hypertechnical

Don't get hyper technical, see and try to decide matters on merit. From the conduct of the of the party it can't be said that it had been absolutely callous and negligent.. It prosecuted the matter after it became aware of the non-appearance of its advocate. 2010 6 SCC 786
--------------------------------------
Sent from handheld device

Limitation

Not filing separate application for condonation of delay is not consequential if otherwise averments are made and sufficient cause is there
(2010) 12 SCC 159
--------------------------------------
Sent from handheld device

Monday, September 12, 2011

Nexus with cause of accident and reason for repudiation of claim

In absence of a nexus between license of a driver and the accident, insurer would not be liable to allow claim on non-standard basis. United India Insurance Company v. Gaj Pal Singh Rawat, 2010 NCJ 37 (NC)



Limitation: Whether or not pleaded, court is bound to consider as a preliminary question

State Bank of India v. BS Agricultural Industries Limited, (2009) 5 SCC 121