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Tuesday, February 21, 2012
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
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
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