‘Non-litigating spouse is a competent witness for the other spouse who litigates’: Kerala HC sets aside Trial Court order
“The expression ‘competency of witness’ refers to the capacity, ability or qualification to give evidence in the Court of Law.”
Power of Attorney
J&K and Ladakh HC takes strict cognizance of a habitual litigant’s harassment of judges and use of demeaning language for his daughter-in-law in the petition
The Court termed the 81-year-old habitual litigant as a “cancer for the judicial system, with a depraved mindset against women”, and imposed exemplary costs of Rs 1 Lakhs.
Delhi High Court rules eviction of son and daughter-in-Law; Directs son to pay Rs. 10,000 monthly maintenance under Senior Citizen Act
Rule 22(3)(1) of the Delhi Senior Citizens Rules outlines a procedure for eviction from a senior citizen’s property and sub-rule (iv) allows the authority to conduct summary proceedings and order eviction of a son, daughter, or legal heir for non-maintenance and ill-treatment.
Can rents receivable by debtors be assigned to the lender as an actionable claim? Supreme Court answers
After applying the rule that all the contemporaneous documents are to be read together, to discern the true purport of the contract, Supreme Court said that the parties intended assignment of the debt, i.e., the rents payable.
In absence of examination of the party to a suit, facts deposed by the power of attorney holder cannot be relied upon: Chhattisgarh High Court
“The pleading made by respondent-plaintiff through the power of attorney holder in the plaint is to be examined as against the statement made by the power of the attorney holder as a witness.”
Delhi High Court refuses decree of specific performance in view of creation of third-party interests; Directs compensation of Rs. 15 lakhs
The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.
Supreme Court analyses application of Non Est Factum and Misrepresentation
“Non-framing of an issue, which is otherwise covered in a broader issue and for which there was sufficient pleading and evidence, the suit could not have been dismissed on that ground.”
SIT to investigate Rs. 50 Crore Gurugram Land scam; Supreme Court sets aside Punjab & Haryana HC’s anticipatory bail order
“Offences of forging documents for transferring ownership of land worth crores are grave in nature. Hence, while it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyse the seriousness of the offence and determine if there is a need for custodial interrogation.”
Whether power of attorney, will, agreement to sell can be recognised as title documents conferring rights in any immovable property? Supreme Court answers
Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
Suits not to be dismissed on technical grounds of procedural irregularity: Delhi High Court
The Delhi High Court opined that that technicalities and procedural defects, which do not go to the root of the matter, should not be permitted to defeat a just cause, more so in cases where suits are initiated or defended on behalf of public corporations.
Whether non-production of Power of Attorney to prove a sale deed would be fatal to the case of the plaintiff?; Supreme Court’s split verdict
While Justice Shah stated that the plaintiff had not produced the Power of Attorney, Justice Nagarathna opined that non-production of Power of Attorney was not fatal to the case of the original plaintiff.
Kar HC issues general directions in matters relating to compromise before the Lok Adalat which are challenged by way of writ petitions
Karnataka High Court: Suraj Govindaraj, J., allowed the petition and quashed the compromise decree in the original suit filed before Principal Senior
Merely writing “cancelled” on registered power of attorney wouldn’t make it null and void: Supreme Court
Supreme Court: The Division Bench of K.M. Joseph* and Pamidighantam Sri Narasimha, JJ., held that mere writing the word “cancelled” or drawing
Section 138 NI Act| Prima-facie indication as to complaint by a company through an authorised employee having knowledge of the case enough for Magistrate to take cognizance
Supreme Court: The 3-judge bench of NV Ramana, CJ and AS Bopanna* and Hima Kohli, JJ has held that when the complainant/payee
An advocate engaged by a client, can he also act as his power of attorney in the proceedings and verify pleadings? Del HC says no
Delhi High Court: Prathiba M. Singh, J., observed that an advocate who is engaged by a client has to play only one role,
Bom HC | In a property suit in which decree has been passed, can a third party’s intervention application claiming his right to recovery be maintainable? Read on
Bombay HC’s Justice Dama Seshadri Naidu while discussing, quotes EBC’s C.K. Thakker’ s Code of Civil Procedure
HP HC| A case of two different bail petitions filed by the same bail petitioner arising out of the same FIR represented by two different counsels appalls the bench
Himachal Pradesh High Court: Jyotsna Rewal Dua, J., laid down directions to avoid future abuse of judicial process like in the instant
Tri HC | Court is not vested with jurisdiction to replace policy decision of the government
Tripura High Court: Arindam Lodh, J. dismissed a writ petition by the petitioner challenging the show cause notice issued against him whereby
SEBI | Karvy denied the use of Power of Attorney for transfer of securities
Securities Exchange Board of India (SEBI): Anant Barua, Whole Time Member, denied KSBL’s request to permit the continuation of Karvy Stock Broking Limited