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Wednesday, October 17, 2012

Dying in harness - good case

2006 1 AWC 273

2012 7 SCC 248

Recovery of Public dues - principle of proportionality and best price

The financial institutions are not act as 'property dealers' and secured assets are not to be disposed of in an arbitrary manner. It has to be sold at best price and only that much of the property which is sufficient to meet the dues must be sold.
 
2012 (4) ALJ 653 - Ram Kishun v. State of UP

Monday, October 15, 2012

Suppression of material facts

Oswal Fats & Oils, 28 (2010) LCD. 640

A person who does not disclose all material facts has no right to be heard on merits of his grievance.

Substantial question of law

Substantial Question of Law will also arise where the legal position is clear but the court below has not decided the matter either ignoring or acting contrary to such legal principles.

Narendra Gopal Vidyarthi v. Rajat Vidyarthi, 28 (2010) LCD 1

Sunday, October 14, 2012

Banda Development Authority

Banda Development Authority v. Moti Lal Agarwal, (2011) 5 SCC 394.
 
Limitation to be made and decided first by the court itself.
 
Manner of taking over of possession under the LA Act, 1894 explained.

Thursday, October 11, 2012

Wednesday, October 10, 2012

Person Aggrieved but not party to the lis may file an appeal

In State of Punjab v. Amar Singh, AIR 1974 SC 994 to the effect that a person who is not a party to a decree or order may with the leave of the Court, prefer an appeal from such decree or order if he is either bound by the order or is aggrieved by it or is prejudicially affected by it.