AI Overview...
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Civil Revision & Writ Petitions - The final decision involved dismissing the Civil Revision Application while allowing the Writ Petition. The order dated 02.02.2019 by the Small Causes Court was restored, relying on Supreme Court decisions like Marshall Sons & Co. and others. This indicates judicial support for the lower court's order in civil matters. Kumari Asha Parekhpvt Ltd VS Madhav Motors Stores - Bombay
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Supreme Court & High Court Judgments - Multiple references to Supreme Court judgments (e.g., SCC 2019 SC 507, AIR 1973 Madras 473, AIR 1957 Calcutta 727) highlight the importance of proper jurisdiction, validity of documents, and procedural correctness in civil and criminal cases. Notably, the 2019 SCC judgment clarified legal principles applicable to criminal appeals and civil proceedings. Mohammed Shariq VS State of Karnataka - Crimes, M. Rajendran VS Government of India, Rep. by its Secretary, Ministry of Finance, New Delhi - Madras, M. Rajendran VS Government of India, Rep. by its Secretary, Ministry of Finance, New Delhi - Madras, V-Guard Industries Ltd. vs Rakesh Malhotra - Delhi, MANGIPUDI NAGARAJU, S/o Rarnalingeswarudu VS STATE OF ANDHRA PRADAESH - Andhra Pradesh, S. Ananda Shetty VS Mehaboob Sherieff - Karnataka
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Civil Appeals & Second Appeals - The dismissal of civil second appeals, such as in the case of Bhagwan Das, was based on the courts' finding of concurrent factual correctness by lower courts, emphasizing the appellate courts' restraint in re-evaluating factual issues. Ashok Kumar Mishra, S/o. Ram Swaroop VS Lajja Ram, S/o. Maharaj Singh - Rajasthan
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Court Procedures & Orders - Several references note that identical petitions (W.P. Nos. 1185, 17359 of 2018, and 21170 of 2019) were processed and granted interim relief, supported by Supreme Court judgments, indicating procedural consistency and the importance of interim orders in civil litigation. M. Rajendran VS Government of India, Rep. by its Secretary, Ministry of Finance, New Delhi - Madras, M. Rajendran VS Government of India, Rep. by its Secretary, Ministry of Finance, New Delhi - Madras
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Challenges to Documents & Registration - The Supreme Court held that parties aggrieved by registration of documents can challenge their validity in civil courts, reaffirming the jurisdiction of civil courts over such matters (e.g., AIR 2016 SC 4995). Court fee disputes under Sections 6 and 7 of the Court Fee Act were also discussed, emphasizing proper valuation and procedural adherence. MANGIPUDI NAGARAJU, S/o Rarnalingeswarudu VS STATE OF ANDHRA PRADAESH - Andhra Pradesh, Mohammed Shariq VS State of Karnataka - Crimes
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Section 10 & Civil Procedure - The applicability of Section 10 of the Civil Procedure Code was clarified as limited to civil suits, not other statutory proceedings, guiding proper procedural filing and jurisdiction. V-Guard Industries Ltd. vs Rakesh Malhotra - Delhi
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Criminal & Civil Interplay - Criminal complaints related to property damage and civil suits were concurrently pursued, illustrating the dual approach in property disputes involving criminal allegations and civil remedies. The judgments underscore the importance of procedural correctness in both domains. P. Thilagavathi VS Murugesan @ Shanmugasundaram - Madras, Mohammed Shariq VS State of Karnataka - Crimes
Analysis and Conclusion:
The sources collectively emphasize the significance of procedural correctness, proper jurisdiction, and adherence to judicial precedents in civil and criminal cases. The decisions reflect a consistent judicial approach in upholding lower court orders, validating civil documents, and clarifying statutory applicability, notably in property disputes and procedural matters. Supreme Court judgments serve as guiding principles, reinforcing the legal framework for civil and criminal proceedings, especially regarding document validity, interim relief, and appellate restraint.
References:
- Kumari Asha Parekhpvt Ltd VS Madhav Motors Stores - Bombay
- Mohammed Shariq VS State of Karnataka - Crimes
- M. Rajendran VS Government of India, Rep. by its Secretary, Ministry of Finance, New Delhi - Madras
- M. Rajendran VS Government of India, Rep. by its Secretary, Ministry of Finance, New Delhi - Madras
- Ashok Kumar Mishra, S/o. Ram Swaroop VS Lajja Ram, S/o. Maharaj Singh - Rajasthan
- V-Guard Industries Ltd. vs Rakesh Malhotra - Delhi
- MANGIPUDI NAGARAJU, S/o Rarnalingeswarudu VS STATE OF ANDHRA PRADAESH - Andhra Pradesh
- RAVINDRANATH MANE S/O LATE J. ATHMARAM MANE, SINCE DECEASED BY HIS LRs. VS MEERA SATYANANDA NIKAM W/O SRI SATYANANDA NIKAM - Karnataka
- S. Ananda Shetty VS Mehaboob Sherieff - Karnataka
- P. Thilagavathi VS Murugesan @ Shanmugasundaram - Madras
Search Results for "Air 2019 Sar Civil 37 Sc"
2021 0 Supreme(Bom) 1063 • India - Bombay
C.V.BHADANG
Final Decision: The Civil Revision Application was dismissed, and the Writ Petition was allowed. ... 37. ... Shanmugam and Others, 1987 AIR(AP) 206 and Brahmdeo Chaudhary Vs. ... (v) Consequently, the order dated 2/2/2019 passed by the Small Causes Court, is restored. ... The Trial Court by an order dated 02.02.2019, placing reliance on decision of the Supreme Court in Marshall Sons & Co. ... Miller and Others,1921 AIR(Pat) 102 and of the Calcutta High Court in Chhagmull Agarwalla V....
• India - Crimes
K.NATARAJAN
Union of India (UOI) and others in Civil Appeal No.5655 of 2010 (Arising out of Special Leave Petition (C) No.21998 of 2009) dated 20.07.2010 and judgment of the Division Bench of this Court in the case of Syed Ismail Afaz vs The State of Karnataka dated 8.07.2019. ... State of Maharashtra reported in 1994 AIR 2623 dated 12.07.1994 and Sanjay Datt vs State (II) reported in 1994 SCC (5) 410 dated 9.9.1994. 8. ... Zahoor Ahmad Shah Watali reported in (2019) 5 SCC 1 in respect of the case on merits. ... Learned counsel ha....
2019 0 Supreme(Mad) 2378 • India - Madras
S.MANIKUMAR, D.KRISHNAKUMAR
(vi) It is pertinent to note that herein, W.P.Nos.1185 and 17359 of 2018 and W.P.No.21170 of 2019 having the same prayer, verbatim identical, was already passed by the registry and the same SAR and JR(writs) cleared them and interim orders were granted by the Hon’ble Division Bench ... Judgment relied upon:- In support of the above submission The judgment of the Hon’ble Supreme Court date: 29.03.2019 rendered in Special Leave Petition (Crl) No.1832 of 2019, reported in 2019 SCC OnLine SC 507, paras-9 ....
2019 0 Supreme(Mad) 1931 • India - Madras
S.MANIKUMAR, D.KRISHNAKUMAR
(vi) It is pertinent to note that herein, W.P.Nos.1185 and 17359 of 2018 and W.P.No.21170 of 2019 having the same prayer, verbatim identical, was already passed by the registry and the same SAR and JR(writs) cleared them and interim orders were granted by the Hon’ble Division Bench ... Judgment relied upon:- In support of the above submission The judgment of the Hon’ble Supreme Court date: 29.03.2019 rendered in Special Leave Petition (Crl) No.1832 of 2019, reported in 2019 SCC OnLine SC 507, paras-9 ....
2023 0 Supreme(Raj) 1304 • India - Rajasthan
MAHENDAR KUMAR GOYAL
Final Decision: The civil second appeal was dismissed as the concurrent findings of facts recorded by the lower courts were ... Bhagwan Das (Dead) by L.Rs. & Ors.-2008 SAR (Civil) 433; 6) Lachhman Singh (Deceased) through L.Rs. & Ors. vs. Hazara Singh (Deceased) through L.Rs. & Ors.-2008 SAR (Civil) 664. 13. Per contra, Mr. J.P. ... Hira Lal Somani-2008 SAR (Civil) 142 Supreme Court; 2) Kamlesh Babu & Ors. vs. Lajpat Rai Sharma & Ors.- 2008 SAR (#HL....
• India - Delhi
AMIT BANSAL
(See in this respect AIR 1973 Madras 473, in Shorab Merwanji Modi v. Mansata Film Distributors, AIR 1957 Calcutta 727, in Guruswami Asari v. Raju Asari." 15. ... The language of Section 10 suggests that it is referable to a suit instituted in the civil court and it cannot apply to proceedings of other nature instituted under any other statute. ... By way of the present judgment, I shall dispose of I.A 8759/2019 and I.A. 8760/2019 filed on behalf of the defendants under Section 10 of the Code of Civil ....
2021 0 Supreme(AP) 564 • India - Andhra Pradesh
M.SATYANARAYANA MURTHY
State of M.P., AIR 2016 SC 4995”, the Apex Court held that “a party aggrieved by registration of a document is free to challenge its validity before a competent Civil Court.” 27. In “Thota Ganga Laxmi v. ... Randhir Singh and Others, 2010 SAR (Civil), page 402”, wherein the Apex Court while deciding the Court fee payable under Sections 6 and 7 of the Court Fee Act, 1870, incidentally held in para 6 as follows: “Where the executant of a deed wants it to be annulled, he has to seek ... Official Assignee of the High Court, ....
2021 0 Supreme(Kar) 410 • India - Karnataka
JYOTI MULIMANI
10. 2013 SAR (CIVIL) 503 – S.KESARI HANUMAN GOUD VS. ANJUM JEHAN AND OTHERS. 11. 2019 SAR (CIVIL) 1053 -MOHINDER KAUR VS. SANT PAUL SINGH. 5. ... AIR 1989 KAR 31 -K.R.SUBBAKRISHNA VS. NINGIAH AND OTHERS. 8. (2009) 6 SCC 99 -G.SEKAR VS. GEETHA AND OTHERS. 9. 2008 SAR (CIVIL) 817 -BALJINDER SINGH VS. RATTAN SINGH. ... AIR 2008 MADRAS 250 -SMT.BAGIRATHI AND OTHERS VS. S.MANIVANAN AND ANOTHER. 2. AIR 2011 SC 3609 -SH....
2019 0 Supreme(Kar) 717 • India - Karnataka
H.P.SANDESH
SAR (Civil) 582 (SC) that is with regard to readiness. ... The learned counsel also relied upon the judgment reported in 2019 SAR (Civil) 582 (SC), the learned counsel referring that judgment brought to my notice in para 8 of the judgment with regard to Section 16(c) and would contend that in terms of documents, which the plaintiff has relied upon, he has not ... The learned counsel also relied upon the judgment reported in 2014 SAR (Civil) 964 referring to Section 43....
2021 0 Supreme(Mad) 2668 • India - Madras
S.VAIDYANATHAN, G.JAYACHANDRAN
Naveen Kumar reported in 2019 SAR (Criminal) 78. (ii) Mohd. Akhtar @ Kari and others vs. State of Bihar and another reported in 2019 SAR (Criminal) 221. (iii) Peer Singh vs. The State of Madhya Pradesh reported in 2019 SAR (Criminal) 573. ... 37. ... Apart from Civil suit, twice criminal complaints against A-4 and his sons alleging that they have damaged the walls of the property, was lodged by the Subbaiah Nadar. ... Jagir Singh Baljit Singh report....
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