Today Cpc G. Surya Narayanan Mhc Advt: ORDER I RULE 9 – 2009(7) SCJ 124 by Sekar Reporter · December 27, 2019 [12/25, 12:36] Cpc G. Surya Narayanan Mhc Advt: ORDER I RULE 9 – 2009(7) SCJ 124 MALAY KUMAR GANGULY VS. DR. SUKUMAR MUKHERJEE AND OTHERS Proceedings initiated for medical negligence – withdrawal of cases against some of them not of much significance – negligence can be attributed when existing facilities not availed – medical negligence is not available for not rendering a facility which was not available – appeal cannot be dismissed for withdrawal against some of them after issuance of notice. ORDER VII RULE 11, ORDER XII RULE 6 – 2009(7) SCJ 299 NARINDER KUMAR MALIK VS. SURINDER KUMAR MALIK Suit for partition over a peace land allotted to partnership firm – application under Order VII Rule 11 dismissed – application for interim decree allowed granting preliminary decree for partition – appeal filed allowed with directions – amount directed to be deposited, not deposited in time – High Court concluded time was extendable – respondent did not honour his commitment – Appeals allowed. ORDER VII RULE 11 – 2009(7) SCJ 92 P.K. PALANISAMY VS. N. ARUMUGAM AND ANOTHER Suit for recovery of amounts filed with deficit court fees – court fee paid with delay – exparte decree passed for non-appearance of defendant – setting aside with delay allowed – application filed to reject the suit for filing the suit with deficit court fee – order extending time to deposit the deficit court fee not challenged – court fee is a matter between the state and the suitor – High Court erred in allowing revision. ORDER IX RULE 13 – 2009(7) SCJ 9 JOHN IMPEX PRIVATE LTD., ANOTHER VS. ATHUL KAPUR AND OTHERS Suit for eviction of tenant decreed exparte despite service of notice on defendant – no sufficient or cogent reason assigned for non appearance. [12/26, 19:10] Cpc G. Surya Narayanan Mhc Advt: Order 37 rule 3(v) 2009(7) SCJ 41 Fixity Packaging Industries p ltd & others vs Udyen Jain (HUF) Suit for recovery of amounts on cheque issued by appellant after dishonour- trial court held appellant has no defence even with regard to maintainability as summary suit- Appellant asked to deposit amounts- High court held no error in order of trial judge- Supreme Court didn’t agree with finding of trial judge that leave is granted by mercy- condition imposed should not be onerous when leave is granted- order modified Order 39 rule 1& 2 2009(7) SCJ 599 Kishorsinh Ratansinh Jadeja vs Maruti Corp. & others Court has to consider three basic principles for grant of interim injunction- High court did not consider the said principle nor has taken long silence on the part of plaintiff to file the suit – order affecting third party rights in their absence is not sustainable Order 39 rule 1 & 2 2009(7) SCJ 648 Ece Industries Limited vs S.p. Real Estate Developers p ltd & another Suit for recovery of possession on the ground of breach of development agreement- petition filed to restrain alienation and changing nature of property- trial court refused injunction finding construction undertaken and completed – held, plaintiff can be compensated or defendant can be directed to pull down structures Order 41 2009(7) SCJ 827 Inderchand Jain (d) thr Lrs. Vs Motilal (d) thr. Lrs Appeal is continuation of suit- decision in appeal relates back to date of institution of suit- filing of appeal does not tantamount to automatic stay of execution of decree- court while exercising jurisdiction should not act arbitrarily or beyond contours of law
Order quashed THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal No. 54 of 2023 — Commissioner of Income Tax Central Circle – I Trichy .. Appellant Versus Sri. R. Rajagopal Tondaiman Old No. 4-D, New No.22 Collector Office Road Trichy – 620 001 … Respondent PAN : AFBPR 0712 E Appeal preferred under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Chennai, ”A” Bench, dated 12.10.2022 in April 10, 2023 by Sekar Reporter · Published April 10, 2023
K selvaraj advocate *11.04.’21,* *“Pearls of Wisdom”* April 11, 2021 by Sekar Reporter · Published April 11, 2021
மத்திய அரசு முள்ளாள் வக்கீல் பதில் டிவிட்டருக்கு May 27, 2021 by Sekar Reporter · Published May 27, 2021