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
Monday, February 13, 2012
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
2011 8 SCC 108
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Identical matters identical treatment
Similar matters similar treatment
2011 5 SCC 305
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2011 5 SCC 305
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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 .
Post decision hearing - tendency to uphold the decision
K.I. Shephard and Ors. etc. etc. v. Union of India and Ors. MANU/SC/0643/1987 : (1988)ILLJ162SC , this Court held:
...It is common experience that once a decision has been taken, there is tendency to uphold it and a representation may not really yield any fruitful purpose.
[See also Shri Shekhar Ghosh v. Union of India and Anr. MANU/SC/8616/2006 : (2007)1SCC331 and Rajesh Kumar and Ors. v. D.C.I.T. and Ors. MANU/SC/4779/2006 : [2006]287ITR91(SC) ]
Thursday, February 2, 2012
Stamp duty and alternative remedy
AIR 2011SC3748 for alternative remedy and stamp matter
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