CIVIL PROCEDURE CODE, 1908, Order 6 Rule 16 and Order 7 Rule 11 (d) Rejection of plaint The plaint has to be rejected as a whole or not at all, in exercise of power Order 7
[2019 (4) ALT(SC) 147 ( D.B. ) ,01-07-2019]
PARTITION LAW CIVIL PROCEDURE CODE, 1908, Section 96 EVIDENCE ACT, 1872, Section 68 First Preliminary Decree Any document that would annul the effect of the first preliminary decree cannot be looked into, especially when
[2019 (4) ALT 1 ( D.B. ) ,13-06-2019]
Constitution of India, 1950, Article 226 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) and 17 Agricultural Land The beauty of the jurisdiction Question as to whether
[2019 (4) ALT 80 ( D.B. ) ,10-06-2019]
A.P. LAND GRABBING (PROHI-BITION) ACT, 1982, Section 8(1) CIVIL RULES OF PRACTICE AND CIRCULAR ORDERS 1990, Rule 28 CIVIL PROCEDURE CODE, 1908, Order 6 Rule 17 Cryptic Order It is provided in the Act
[2019 (4) ALT 182 ( D.B. ) ,10-06-2019]
SECURITIZATION AND RECON-STRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002, Sections 2 (5), 13 and 14 SARFAESI Act, 2002 was enacted with one of the main objects to facilitate reconstruction of financial assets by
[2019 (4) ALT 169 ( D.B. ) ,04-06-2019]
CONSTITUTION OF INDIA, 1950, Article 226 Power of Court to give directions to expert bodies Evaluation of answer sheets In the cases on hand, the invigilators in some of the examination centres were at fault.
[2019 (4) ALT 117 ( D.B. ) ,03-06-2019]
CIVIL PROCEDURE CODE, 1908, Order 1 Rules 9 and 10 Non-impleadment of proper parties Policy matters This is not a case where the opposite view point was never heard by the learned Single Judge. In
[2019 (4) ALT 117 ( D.B. ) ,03-06-2019]
CONSTITUTION OF INDIA, 1950, Article 226 Examining contentions issues Permissibility We have our own doubts about the process so adopted by the learned Single Judge, in appointing a Committee of Three Senior Advocates, to check
[2019 (4) ALT 117 ( D.B. ) ,03-06-2019]
CONSTITUTION OF INDIA, 1950, Article 226 A.P. STATE FINANCIAL CORPORATION ACT, 1951, Section 29 Alternate remedy We have ventured to entertain the writ petition, in view of the fact that a State Financial Corporation, constituted
[2019 (4) ALT 150 ( D.B. ) ,03-06-2019]
TRANSFER OF PROPERTY ACT, 1882, Sections 48, 58, 65, 78, 81, 82, 93, 95 and 100 Mortgage and Charge Pari-passu It will be clear from the scheme of Sections 58 to 100 of the Transfer
[2019 (4) ALT 150 ( D.B. ) ,03-06-2019]
SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002, Section 13 (9) Pari-passu charge It is true that under Section 13 (9) of the SARFAESI Act, a secured creditor is entitled to
[2019 (4) ALT 150 ( D.B. ) ,03-06-2019]
CIVIL PROCEDURE CODE, 1908, Sections 47 and 151 Fraud on Court Power of Court to recall judgment and restore possession In my opinion the VII Senior Civil Judge, City Civil Court, Hyderabad was made to
[2019 (3) ALT 392 ( S.B. ) ,03-06-2019]
CIVIL PROCEDURE CODE, 1908, Section 24 Directly and substantially The title of the parties to the properties claimed by them are directly and substantially in issue in both the suits and the decision in one suit
[2019 (4) ALT 34 ( S.B. ) ,03-06-2019]
CIVIL PROCEDURE CODE, 1908, Section 89 Settlement Mediation Where a dispute has been referred to mediation, the Court should refer the same to a suitable institution or person and such institution or person shall be
[2019 (4) ALT 107 ( S.B. ) ,03-06-2019]
CIVIL PROCEDURE CODE, 1908, Section 51, Order 21 Rules 37, 38 and 40 Arrest of J.Dr. Several modes of execution are provided for different types of decrees under Section 51 CPC, of which, execution of money
[2019 (4) ALT 142 ( S.B. ) ,03-06-2019]
CIVIL PROCEDURE CODE, 1908, Order 2 Rule 2 (1) Whole claim Order 2 Rule 2(1) provides that a plaintiff is to include the whole of the claim, which he is entitled to make, in respect of
[2019 (3) ALT(SC) 216 ( D.B. ) ,10-05-2019]
CIVIL PROCEDURE CODE, 1908, Order 7 Rule 1 Cause of action Cause of action has been explained in many decisions It is the bundle of facts, which if traversed, must be proved On the
[2019 (3) ALT(SC) 216 ( D.B. ) ,10-05-2019]
CONSTITUTION OF INDIA, 1950, Articles 14, 19 (1)(g) and 21 Equal pay for equal work It was open to the State to have two distinct cadres namely that of Government Teachers and Niyojit Teachers with Government
[2019 (3) ALT(SC) 292 ( D.B. ) ,10-05-2019]
BENAMI TRANSACTION ACT, 1988, Section 3 BENAMI TRANSACTION (AMENDMENT) ACT, 2016, Section 3 (2) Partition suit Presumption of benami transaction The learned Trial Court and the High Court have erred in shifting the burden
[2019 (3) ALT(SC) 281 ( D.B. ) ,09-05-2019]
MOTOR VEHICLES ACT, 1988, Section 173(1) Compensation reworked Additional Compensation In absence of any proof regarding income, the income of the claimant is considered as Rs. 3000/- per month as per minimum wages at the
[2019 (1) An.W.R. (Chhattis.) 685 ( S.B. ) ,09-05-2019]