M. G. PRIYADARSINI
P. Subhashini – Appellant
Versus
M. G. R. And Sons – Respondent
JUDGMENT :
M.G. PRIYADARSINI, J.
This Second Appeal is filed by defendant Nos.1 and 3 challenging the judgment and decree dated 31.12.2002 passed in A.S.No.358 of 2001 on the file of the learned X Additional Chief Judge, City Civil Court, Hyderabad, confirming the judgment and decree dated 17.07.2001 passed in O.S.No.5695 of 1998 on the file of the learned VI Junior Civil Judge, City Civil Court at Hyderabad. Thus, the present Second Appeal is filed against the concurrent findings of trial Court as well as first Appellate Court.
2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.
3. The brief facts of the case, which necessitated the appellants/defendant Nos.1 and 3 to file the present appeal, are as follows:
The defendants are carving on business in the name and style of “Sri Srisha Cloth Emporium) and they used to purchase the sarees on credit basis from the plaintiff. Whenever th
Deity Pattabhiramaswamy v. S. Hanymayya and Others
Dnyanoba Bhaurao Shemade v. Maroti Bhaurao Marnor
A suit for recovery of money is maintainable even if insolvency proceedings are pending, provided the adjudication has not yet occurred.
The central legal point established in the judgment is the requirement for a valid debtor-creditor relationship and the need to prove the act of insolvency before adjudication under the Provincial In....
The Judgment Debtor's failure to comply with the Insolvency Notice and subsequent Notice of Motion led to the adjudication of insolvency under Section 9(2) of the Insolvency Act.
The importance of presenting timely and substantiated evidence to support claims, and the consequences of negligence and lack of diligence in pursuing legal remedies.
The possession is a pure question of fact, and the findings of fact recorded by the lower courts cannot be interfered with unless they are based on no evidence or are perverse.
The main legal point established in the judgment is the requirement for a substantial question of law to be involved in a Second Appeal under Section 100 of the Civil Procedure Code, emphasizing the ....
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