2006 24 LCD 479
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contact for clarification or assistance at talha (at) talha (dot) in
Search The Civil Litigator
Wednesday, September 28, 2011
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)
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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
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2006 24 LCD 1741 -also for alternative remedy
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Show cause notice liable to be quashed when issue without jurisdiction
2007 218 ELT 647 (SC)
Check but
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Check but
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Notice when forms an integral part -its receipt will give jurisdiction
IFB Automotive Seating: http://indiankanoon.org/doc/463286/ : AIR 2003 Cal 80
Kusum Ingots http://indiankanoon.org/doc/1876565/
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
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Veer Bajrang, AIR 1987 SC 1345
Vishnu Traders, 1995 Suppl 1 SCC 461
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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.
AIR 1970 SC 1767
Even if a party is not arrayed in the original matter, he can be held up for contempt.
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Thursday, September 15, 2011
226 maintainable against private individuals
2010 8 SCC 329 (para 55)
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Wednesday, September 14, 2011
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
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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
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(2010) 12 SCC 159
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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
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