Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Gurdaspur Central Co-operative Bank Ltd. – Appellant
Versus
Paramjit Kaur – Respondent
JUDGMENT :
Deepak Gupta, J.
CM-6229-C-2016:
This is an application under Section 5 of Limitation Act read with Section 151 CPC to condone the delay of 4 days in filing the appeal.
For the reasons mentioned in the application, delay of 4 days in filing the appeal is condoned.
Application stands disposed of accordingly.
Main case.:
Suit for declaration with consequential relief of mandatory injunction filed by plaintiff Smt. Paramjit Kaur (respondent herein) was dismissed by the trial Court of learned Civil Judge (Junior Division), Gurdaspur vide his judgment dated 10.12.2014. However, the appeal filed by the said plaintiff was accepted by the first Appellate Court of learned District Judge, Gurdaspur vide judgment dated 07.01.2016, thus decreeing the suit. Against this reversal, the defendant-Bank has approached this Court by way of the present regular second appeal.
2. In order to avoid confusion, parties shall be referred as per their status before the trial Court concerned.
3.1 As per pleaded case of the plaintiff, her husband Chamel Singh expired in 2003 while fighting with terrorists in the State of Jammu & Kashmir and she was granted an ex gratia amount of Rs. 20,00,000/- on that accou
Disputed factual claims regarding fixed deposit entitlements require resolution through civil court, as Article 226 relief is not applicable. Claims may be additionally time-barred.
High Court in some cases may enter into disputed questions of fact. In paragraph 35 of the judgment, the Apex Court held that a writ petition would lie against "State" within the meaning of Article 1....
Civil suits are permissible even when proceedings exist before the Debt Recovery Tribunal, as jurisdiction of civil courts is not excluded without explicit statutory provisions.
The court upheld the attachment of properties under the KPIDFE Act, emphasizing the necessity to protect depositors' interests despite the appellants' claims of procedural impropriety and lack of com....
The court confirmed that guarantors are liable under the Maharashtra Cooperative Societies Act, and disputes against them are maintainable despite limitation challenges.
Default in payment and failure to challenge previous orders can lead to the dismissal of a writ petition challenging attachment notices.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
