Limitation Act, 1963, Article 54 Barred by limitation In the agreement dated 17.12.1989, it is specifically mentioned that the sale deed would be executed within one month from the date of agreement The period of
[2024 (5) ALT(SC) 24 ( D.B. ) ,05-08-2024]
Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act 2006, Section 4(5) and General Clauses Act 1897, Section 21 -- Government of India Act, 1935, Section 5 -- Kerala State and Subordinate Services Rules 1958, Rule 13AA
[2024 (1) ALT Online (SC) 39452 ( L.B. ) ,01-08-2024]
Contempt Of Courts Act, 1971, Sections 10, 12 and 20 Contempt of Court Respondents issued the proceedings mechanically without application of mind, totally ignoring the law laid down by the Apex Court on the subject issue
[2024 (5) ALT 20 ( S.B. ) ,30-07-2024]
Contempt Of Courts Act, 1971, Section 20 Contempt appeal Before issuing a notice to the contemnor in the contempt application, the order passed by the Court was already implemented on 21.07.2023 Even though counter was
[2024 (5) ALT 88 ( D.B. ) ,24-07-2024]
Limitation Act, 1963, Section 5 Civil Procedure Code, 1908, Order 9 Rule 13 Act of Court shall prejudice no man The maxim Actus Curiae neminem gravabit means an act of court shall prejudice no man,
[2024 (5) ALT 1 ( S.B. ) ,23-07-2024]
A.P. Co-Operative Societies Act, 1964, Section 61(3) Constitution Of India, 1950, Article 226 Commencement of election process Maintainability of writ petition Once a decision is taken to hold the election and once election process
[2024 (5) ALT 157 ( S.B. ) ,23-07-2024]
Stamp (M.P.) Act, 2002, Sections 48 and 48(B) Stamp duty Proviso (c) to Clause (C) to Entry 33 of Schedule 1-A of the IS Act, 1899 by the M.P. Amendment of 2002 deals wih the stamp
[2024 (5) ALT(SC) 14 ( D.B. ) ,19-07-2024]
Doctrine Of Legitimate Expectation Lack of public interest The doctrine of legitimate expectation serves only as a procedural safeguard ensuring fairness in administrative decisions and policy changes It grants the expectant party the right to
[2024 (5) ALT(SC) 14 ( D.B. ) ,19-07-2024]
Doctrine Of Promissory Estoppel Promissory estoppel Doctrine of promissory estoppel, since it is an equitable doctrine, it only comes into play when equity requires a party be estopped from withdrawing its promise It has been
[2024 (5) ALT(SC) 14 ( D.B. ) ,19-07-2024]
A.P. Rights In Land And Pattadar Passbooks Act, 1971, Section 4 Separation of the property Allocation of land and creating sub-divisions in the revenue records would effectively amount to separation of the property by metes and
[2024 (5) ALT 44 ( D.B. ) ,19-07-2024]
Civil Procedure Code, 1908, Section 2(2) Decree A decree is a preliminary decree where further proceedings have to be taken in a suit for final disposal Where a decree disposes of a case finally, it
[2024 (5) ALT 44 ( D.B. ) ,19-07-2024]
Specific Relief Act, 1963, Section 34 Evidence Act, 1872, Section 101 Declaration of title Burden of proof Burden is upon the plaintiff to establish that he is the owner and possessor of the suit
[2024 (5) ALT 102 ( S.B. ) ,19-07-2024]
Civil Procedure Code, 1908, Order 41 Rule 27 Additional documents Order 41 Rule 27 of the Code of Civil Procedure prescribes that the parties to an appeal cannot be permitted to lead additional evidence whether in
[2024 (5) ALT 102 ( S.B. ) ,19-07-2024]
Specific Relief Act, 1963, Section 38 Injunction suit Both the appellant and respondent claim that the construction made in that site was made by them and not the other side in the suit Both the
[2024 (5) ALT 150 ( S.B. ) ,19-07-2024]
Commercial Courts Act, 2015, Sections 2(1)(b) and 3(1) Commercial dispute A commercial dispute would be one where the nature of the agreement or the consequence arising therefrom would take the effect of the agreement beyond the
[2024 (5) ALT 82 ( D.B. ) ,16-07-2024]
Civil Procedure Code, 1908, Order 23 Rule 1 Withdrawal of appeal Power of High Court in the matter of granting permission to withdraw an appeal under Order 23 Rule 1(3) of the C.P.C is very limited
[2024 (5) ALT 162 ( D.B. ) ,16-07-2024]
Limitation Act, 1963, Section 21(1) Civil Procedure Code, 1908, Order 22 Rule 4 Substitution of legal representatives Admittedly on the date of institution of suit, the sole defendant was not alive, but legal representatives of
[2024 (5) ALT 118 ( S.B. ) ,16-07-2024]
Arbitration And Conciliation Act, 1996, Section 11(5) and (6) Time barred application Respondents sent notices to the applicants on 04.01.2019 and 16.01.2019 informing them that the contract has been rescinded Dispute between the parties arose
[2024 (5) ALT 153 ( S.B. ) ,16-07-2024]
Negotiable Instruments Act, 1881, Sections 118 Presumption Plaintiff discharged his burden by placing cogent and reliable evidence on record To disprove the evidence placed by the plaintiff and to rebut the evidence adduced by the
[2024 (5) ALT 168 ( S.B. ) ,16-07-2024]
A.P. Land Encroachment Act, 1905, Sections 3 and 4 Summarily eviction Even assuming that the petitioner is the encroacher, the long possession of the property mortgaging the property to the bank and obtained ratification by the
[2024 (5) ALT 15 ( S.B. ) ,15-07-2024]