Defendant can Cross Examine Witnesses in ex-parte Suit
Even if a defendant does not file a written statement and the suit is ordered to proceed ex parte against him, the limited defence available to the defendant is not foreclosed.
No Easement by Necessity if alternate Way Exists
The claimant of an easement right wouldn't be entitled to claim the easement right by necessity when there exists an alternative way to access the claimant’s land, apart from the way over which the easement rights were claimed, the Supreme Court (SC) says in Manish Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293].
SC deprecates HC’s Interference in SARFAESI Matters
The Supreme Court (SC) , in PHR Invent Educational Society v UCO Bank & Others, deprecated the High Court's interference in the auction sale proceedings completed by the Bank, on behalf of the borrower, despite having statutory remedy of appeal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
Stay Orders will not Expire in Six months: SC
In High Court Bar Association Allahabad v State Of Uttar Pradesh & Ors, a Constitutional Bench of the Supreme Court (SC) on 29th February 2024 overturned its 2018 Asian Resurfacing judgment which mandated that the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.
Institutions not to withhold Certificates in lieu of Dues
Educational institutions cannot withhold the educational certificates of students with respect to pending payment of fees or other dues, says the Madras High Court says in M Kesavan v The Principal and Others
SC Guidelines on Proving a Will
In proving a will, the Supreme Court(SC) has issued eight guidelines in Shivakumar and Others v Sharanabasappa and Others ( AIR 2020 SC 3102) to be followed by the courts.
Attachment of Property before Judgement
The object of attachment before judgement is to prevent any attempt by the defendant to defeat the realisation of the decree that may be passed against him. The attachment aims to prevent the attempt of the defendant to dispose of or remove from the jurisdiction of the court, his immovable property.
Law relating to Injunctions in Civil Cases
Injunction is a judicial order requiring the person to whom it is directed to, to do or refrain from doing a particular act or thing. It is a preventive relief given by a court preventing a party from doing something.
Injunctions are of three kinds: temporary, perpetual, or mandatory.
Suit for Declaration without Recovery not Maintainable
A suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession of the property, under Section 34 of the Specific Relief Act of 1963.
Not to make Breach of Contract a Criminal Offence
A breach of contract does not amount to a criminal offence of cheating, under Section 420 or 406 of the Indian Penal Code, 1860 (IPC), unless fraudulent or dishonest intention is shown right at the beginning of the transaction, says the Supreme Court (SC) in Jay Shri v State of Rajasthan.
Data Bank should include only Wetlands & Paddylands
The final Data Bank to be prepared in Kerala should contain only the details of the property which are paddy land and wetland as shown on the date on which the Conservation of Paddy Land and Wetland Act 2008 (2008 Act) came into force, says Kerala High Court in Basil v Local Level Monitoring Committee.
Dispose Execution Petition in 6 Months : SC
Executing Court must dispose of the execution proceedings within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay, says the Supreme Court (SC) in Rahul S Shah v Jinendra Kumar Gandhi and Others [ (2021) 6 SCC 418].