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Tuesday, November 23, 2010

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New Case Laws

2008-2-ctc-60- EP ought to be filled within 12 years of orders in second appeal.-sc. - MCOP~ Even absence of cross appeal, court has ample power to enhance the award. 2010 [2] MLJ 179[mad] - 420 IPC~Petitioner/ Accused is lawyer who gave advice to complainant regarding deed of property~on advice~comlainant lost huge sum ~ cheating case against lawyer. Proceeding QUASHED~2010[2] - 138 N.I ACT. Complaint Dismissed ~for several years where about of accused not known~ appeal filed by complainant. HELD~ No useful purpose would be allowed appeal. 2010 [1] TNLR 391. C.T. Selvam,J - Holder of permit is not entitled to replace any vehicle without paying tax due on date of application.2011[1]CTC760 - T.P ACT 107&54~Unregistered Lease Deed~Duly notarised document cannot said to be fake document in absence of any other material.SCC 2010[9] - SARFAESI Act~Third party auction purcheaser is entitled to invoke Article 226 and Write remedy.~2010(6)CTC 635 "K.B.K.Vasuki,J." - M.C.O.P~ Wife of deceased,who remarried is also entitled to claim compensation as a legal representative.2010[6] CTC 561 - S.47~A STAMP ACT~Authority can registered document even if he has reason to believe that valuation given is not to his satisfaction.2010[6] 262 CTC - S~24 Hindu marriage Act~when interim maintanance petition filed, it shall be heard and give order first, then O.P can be taken up. 2009[2]L.W 826 - S 13&13B HINDU LAW~DIVORCE~Customary dissolution of marriage through panchayat~cannot be a basis for divorce U/S 13. 2010-SCC[9]-484 - MCOP~ Even absence of cross appeal, court has ample power to enhance the award. 2010 [2] MLJ 179[mad] - 420 IPC~Petitioner/ Accused is lawyer who gave advice to complainant regarding deed of property~on advice~comlainant lost huge sum ~ cheating case against lawyer. Proceeding QUASHED~2010[2] - 138 N.I ACT. Complaint Dismissed ~for several years where about of accused not known~ appeal filed by complainant. HELD~ No useful purpose would be allowed appeal. 2010 [1] TNLR 391. C.T. Selvam,J - Holder of permit is not entitled to replace any vehicle without paying tax due on date of application.2011[1]CTC760 - T.P ACT 107&54~Unregistered Lease Deed~Duly notarised document cannot said to be fake document in absence of any other material.SCC 2010[9] SARFAESI Act~Third party auction purcheaser is entitled to invoke Article 226 and Write remedy.~2010(6)CTC 635 "K.B.K.Vasuki,J." - M.C.O.P~ Wife of deceased,who remarried is also entitled to claim compensation as a legal representative.2010[6] CTC 561 - S.47~A STAMP ACT~Authority can registered document even if he has reason to believe that valuation given is not to his satisfaction.2010[6] 262 CTC - S~24 Hindu marriage Act~when interim maintanance petition filed, it shall be heard and give order first, then O.P can be taken up. 2009[2]L.W 826 - S 13&13B HINDU LAW~DIVORCE~Customary dissolution of marriage through panchayat~cannot be a basis for divorce U/S 13. 2010-SCC[9]-484 - Limitation Act~Challenge to compromise decree after 30 yrs~Act provides for 3 yrs~suit filed after 30 yrs clearly barred. 2010[4]CTC 427. - No suit has been filed by true owner for recovery of possession with in 12 yrs~ADVERSE POSSESSION ESTABLISHED~2010[4] CTC 161. - Crpc~Sec 313[1][b]~Examination of the 2nd time~nothing prevents the court from questioning the accused once again.2010[2]TLT 62. - 138 N.I ACT~It is not safe and desirable for court to compare signature of accused with admitted signature on its own. TNLR[mad]2010[2]223

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