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Tuesday, February 21, 2012

When can officers be summoned by High Court

The law on this aspect has been discussed in
 
2011 (29) LCD 1678 (Supreme Court)

Power of Attorney holder can depose

2011 (29) LCD 1087 - POA holder can depose provided he has been authorized in respect of the matters in issue and he has personal knowledge of the matters.  Distinguishes and advances Bhojnani decision

Part heard - when is a matter part heard

2011 29 LCD 929
Smt. Maya Dixit
Sent from phone

Submission of form after due date - postal delay

Miss 738/2012 dated 21.2.12


Sent from phone

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