Civil Case Judgements with Short Notes - 1 :
✒️Near and dear aspirants, already I have stated in my first post that the object of this blog is to motivate you to become a successful Candidate in the examinations conducted by the Indian Government or any other organisation around the world. Being a lawyer it is my duty also to motivate law students who visit my blog. As a small initiative I have furnished the following citations for your perusal...
📖 Aliyathammuda Beethathebiyyappura Poooya and Another Vs Pattakal Cheriyakoya and Others :
- (2019) 6 MLJ 464 (SC) - 01.08.2019.
- Office of mutawalli was vested with Respondents by custom – customary right to office of mutawalli of mosque, is not unreasonable or opposed to public policy.
📖 Mahanagar Telephone Nigam Ltd. Vs Canara Bank and Others :
- (2019) 6 MLJ 287 (SC) LNIND 2019 SC 621 - 08.08.2019.
- Appellant after giving its consent to refer disputes to arbitration, is estopped from contending that no written agreement to refer parties to arbitration – Statement of Claim and Defence filed before Arbitrator would constitute evidence of existence of an arbitration agreement under Section 7(4) (c) of Act – A non-signatory can be bound by an arbitration agreement on basis of “Group of Companies” doctrine.
📖 Balwant Singh and Sons Vs National Insurance Company Ltd and Another :
- (2019) 6 MLJ 301 (SC) LNIND 2019 SC 620 - 31.07.2019.
- Though transfer is not informed to the registering authority the policy of Insurance is issued by insurer and payment of premium is made by the Appellant – Transfer of vehicle also is not disputed-Insurer cannot repudiate claim of Appellant.
📖 Krishnamoorthy S.Setlur (D) BY LRS / VS / O.V.Narashima setty (D) BY LRS :
- 2019 (13) SCALE 84 - 26.09.2019.
- Plaintiff can claim title to the property based on adverse possession - Adverse possession can be used as an offence and defence.
📖 Doddamuniyappa (Dead) through L.Rs. Vs. Muniswamy and others :
- 2019 (5) CTC 369 - 01.07.2019.
- The share which a co parcenor obtained on partition of ancestral property will remain as ancestral property as regards his male issues. They take an interest in it by birth whether then are in existence at the time of partition or are born subsequently. Such share however, is ancestral property only as regards his male issues and as regards other relations it is separate property and if the coparcenor dies without leaving male issues it passes to his heirs by succession.
📖 Mohan Chandra Tamta (Dead) Through LRs. Vs. Ali Ahmad (D) Thr. LRs. & Ors :
- 2019 (12) SCALE 257 - 12.09.2019.
- The tenant remains tenants whoever be the Landlord / owner. Once 3rd defendant under whom the defendants claim protection has not challenged the decree of the trial court with regard to his title, Defendants no1 and 2 can‟t be allowed to challenge the finding of ownership with which they are not directly concerned.
📖 Chennadi Jalapathi Reddi Vs Baddam Pratapa Reddy (Dead) Thr Lrs. and Anr :
- 2019 (11) SCALE 503 27.08.2019.
- Expert evidence should not be given precedence over substantive evidence of attesting witnesses – The absence of plaintiff‟s signature on agreement of sale.
📖 G.J.Raja Vs Tejraj Surana :
- 2019 (5) CTC 121 (2019) 3 MLJ (Crl) 573 (SC) 30.07.2019.
- when an amendment will take effect discussed-Section 143-A of NI Act will not apply retrospectivley - Section 143-A NI Act creates - new liability hence does not apply retrospectively – Amended provision for deposit of Interim Compensation would apply prospectively in respect of offence committed after 1.9.2018.
📖 Sanjeev Kumar Gupta Vs State of Uttar Pradesh and another :
- (2019) 3 MLJ (Crl) 538 (SC) LNINDORD 2019 MAD 559 25.07.2019.
- only when there is no rebuttal evidence the age mentioned in the Matriculation or school certificate can be accepted as conclusive proof. If there arise reasonable suspicion then enquiry may be conducted as to the authenticity of the entry made in such certificate.
📖 M/s.Shree Daneshwari Traders Vs Sanjay Jail and Another :
- 2019 (2) TLNJ 244 (Criminal) 21.08.2019.
- Presumption under section 139 arises when cheques were issued by respondent/accused for the discharge of any debt in whole or in part – Courts below - erred in not raising the statutory presumption under Section 139.
🌟 Note:
- Dear visitors please verify and ensure that the citations circulated here have not been overruled.
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- C.Thomas Noble
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Thanks for read the post.