Vous êtes sur la page 1sur 460

Showing Cases having Act Name : civil procedure code .

Showing (1 - 15 out of 3142 )

(2007) 7 MLJ 1013 (Mad) S. Balakrishnan versus Union of India, rep. by Secretary, Ministry of Home Affairs, New Delhi and Others Constitution of India (1950), Article 226 - Central Industrial Security Force Rules (2001), Rule 36, sub18-Dec-2006 rule (8)(a) - Disciplinary proceedings - Rule restricting availing of services of outstation employees as Defence Assistants - Challenged - Violation of Articles 14, 19 and 21 alleged - Rule permits selection of Quick Review three employees of the choice of ...

(2007) 7 MLJ 1005 (Mad) L. Mohanan versus Mohammed Idris and Others Code of Civil Procedure (5 of 1908), Order 47 Rule 1(1), Section 114 - Review Application - Order of trial Court holding prayer for declaration in suit, correctly valued and prayer for recovery of possession, not correctly valued - Order of trial Court directing to value prayer for recovery of possession at Rs. 2 lakhs, held to be correct by revisi...

12-Dec-2006 Quick Review

(2007) 7 MLJ 960 (Mad) S. Murugesan versus V. Vijay Sai and Others (A) Code of Civil Procedure (5 of 1908), Order 8, Rules 6-A, 6-C - Counter claim - Suit, filed by plaintiff/tenant for recovery of sum, spent on certain repairs carried out by him in suit property Defendant/landlord, directed by Courts below to pay certain sum towards cost of construction made by tenant - Plaintiff-tenant also, directed to pay ce...

25-Oct-2006 Quick Review

(2007) 7 MLJ 911 (SC) T. Anjanappa and Others. versus Somlingappa and Another. (A) Adverse Possession - Hostile possession - Denial of title of true owner - Onus on person claiming adverse possession - Mere long possession - Not effective - No knowledge of who the true owner is Effect - Principles.

22-Aug-2006 Quick Review

(2007) 7 MLJ 907 (SC) Union of India and Another.. versus K.G. Soni... Constitution of India (1950), Article 226 - Service Law - Public Servant - Misconduct - Punishment Appellate authority in disciplinary proceedings - Compulsory retirement - Quantum - If disproportinate - Writ - High Court - Scope of interference - Limited to decision making process and not to decision.

17-Aug-2006 Quick Review

(2007) 7 MLJ 899 (SC) V. Rosali versus Taico Bank and Others.. (A) Code of Civil Procedure (5 of 1908), Order 21, Rule 84 - Execution sale - Bidder - Sale held late in the evening - Banks closed and impossible to deposit 25% of sale money immediately - Order of Court permitting deposit next day - Deposited accordingly - Sale not rendered invalid - Immediately Interpretation.

23-Jan-2007 Quick Review

(2007) 7 MLJ 848 (SC) State Bank of India and Others versus Ramesh Dinkar Punde. (A) Constitution of India (1950), Article 226 - Service Law - Misconduct - Punishment - Judicial review Scope - Bank Officer found guilty of misconduct of acting and for personal ends and against interest of Bank and depositers - Removal from service - In a writ petition against the order, the High Court cannot act as an Appellate Court and re-ap...

11-Aug-2006 Quick Review

(2007) 7 MLJ 838 (SC) Baldev Singh and Others versus Manohar Singh and Another

Code of Civil Procedure (5 of 1908), Order 6, Rule 17 - Order rejecting application for amendment of written statement, challenged - Held, amendment introducing additional plea of limitation could be allowed - No admission made in written statement which was sought to be withdrawn by way of amending written statement - No inconsistent plea taken in...

3-Aug-2006 Quick Review

(2007) 7 MLJ 826 (SC) Subhaga and Others.. versus Shobha and Others. Property Law - Proper mode for identification of property - Code of Civil Procedure (5 of 1908), Order 26, Rules 9 and 10 - Identification of suit property - Suit decreed trial Court holding plaintiff owner of suit land and entitled to relief sought - In S.A., High Court holding plaintiff exclusive owner of suit land But dismissing suit holding f...

7-Jul-2006 Quick Review

(2007) 7 MLJ 763 (SC) State of Punjab & Another versus Balkaran Singh. (A) Limitation Act (36 of 1963), Article 58 - Government servant - Order fixing enhanced scale of pay and making seniority list - Suit for declaration for enhanced scale of pay and fixing seniority beyond three years of the order - Bar of limitation - Time beginning to run - No question of stopping - Main relief barred by limitation - Consequential...

18-Oct-2006 Quick Review

(2007) 7 MLJ 757 (SC) Kishun @ Ram Kishun (dead) through LRs. versus Bihari (dead) by LRs.. (A) Code of Civil Procedure (5 of 1908) Order 22, Rules 3 and 4 - Death of both parties pending second appeal - Disposal by High Court - Decree a nullity - Abatement of appeal. 5-Aug-2005 Quick Review

(2007) 7 MLJ 596 (BMM) G. Kavitha. versus Union of India, rep. by its Secretary Ministry of Law and Justice, New Delhi and Another. Code of Criminal Procedure, 1973 (2 of 1974), Section 64 - Service of summons - On the adult male 29-Jul-2006 member of the family of person to be summoned - Not unconstitutional - Constitution of India (1950), Articles 14 and 15 - Code of Civil Procedure (5 of 1908), Order 5 Rule 15. Quick Review

(2007) 7 MLJ 533 (BMM) Mohideen Sahib versus A. Amena Bi and Others. (A) Specific Relief Act (47 of 1963), Section 19(b) - Bona fide purchaser - Transfer of Property Act (4 of 1882), Section 3 - Constructive notice, under - Plaintiff leaving defendants 1 to 3 trying to alienate suit property to 4th defendant - Effectiving publication in daily 'Malai Murasu' - Suit property sold to 4th defendant - Suit for specific p...

18-Dec-2006 Quick Review

(2007) 7 MLJ 526 (Mad) Ganesan and Others versus Dr. Naseer Ahmed Syed, rep. by POA Sirajudeen Syed. (A) Limitation Act (36 of 1963), Section 17 (1)(c) - Article 136 - Limitation Period, calculation of Several suits for declaration of title by respondent Trust decreed - E.Ps. for delivery of possession Delivery not effected - Owing to mistake in survey number in decree - I.As. by respondent to amend decree for correcting said mistake - Petit...

30-Nov-2006 Quick Review

(2007) 7 MLJ 444 (Mad) Thiyagarajan versus Manivannan Code of Civil Procedure (5 of 1908), Order 8, Rule 9 - Filing of additional witness statement - Court has a wide discretion in granting a chance to the parties to agitate their rights even raising subsequent plea, when it does not affect the rights of the parties - Trial Court is not correct in rejecting the application seeking permission to file ...

15-Sep-2006 Quick Review

(2007) 7 MLJ 442 (Mad) Govindammal and Another versus K. Velmurugan and Others Code of Civil Procedure (5 of 1908), Order 1, Rule 10 - Suit for recovery of possession - Non-inclusion of necessary party - Petitioners' specific mention on this in written statement - Dismissal of suit for nonjoinder of necessary party - Prayer for inclusion of necessary party at first Appellate Court - Allowed No acceptable reasons for non-i...

18-Aug-2006 Quick Review

(2007) 7 MLJ 425 (Mad) S. Thamil Arasan, President of Chennai Vyasarpadi Nadar Progressive Association, Chennai versus R. Narayanan and Another Tamil Nadu Societies Registration Act, 1975, Section 36(1) - Code of Civil Procedure (5 of 1908), 1-Jan-2005 Section 9 - District Registrar's order setting aside election of office bearers of petitioner Association Validity - Challenging election to the society not permitted by any specific provision in the Act Quick Review Impugned order illegal and without jurisdict...

(2007) 7 MLJ 380 (BMM) S. Eswaran versus Tasildhar, Srivaikuntam Taluk, Thoothu-kudi District Service Law - Civil servant - Charge of production of false and forged certificates in securing employment - Departmental proceedings and criminal proceedings initiated - Whether the departmental proceedings are to be stayed - facts and circumstances - Writ.

21-Apr-2006 Quick Review

(2007) 7 MLJ 361 (BMM) Siva Thanu Chettiar and Others versus Executive Officer/Deputy Commissioner, Incorporated and Unincorporated Devaswam, Suchindeeram, Kanya-kumari District Code of Civil Procedure (5 of 1908), Order 39, Rule 1 - States Reorganisation Act (37 of 1956), Section 8-Feb-2005 119 - Suit for declaration and injunction restraining Temple Authorities from collecting special entrance fee for darshan - Temple in erstwhile Tranvancore Cochin State, now in Tamil Nadu since transferred Quick Review territory lies in Tamil Nadu - Suit and ...

(2007) 7 MLJ 356 (BMM) S. Srinivasan versus Director of School Education, Chennai and Others Constitution of India (1950) - Service Law - Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 - Annexure V-A - Petitioner appointed as Junior Grade B.Ed. Teacher in a private school, pending approval of his appointment by District Educational Officer - Approval denied on ground of nonpossession of qualification prescribed in circular...

13-Sep-2006 Quick Review

(2007) 7 MLJ 236 (BMM) A.S. Janaardhanan versus District Collector, Madurai and Others Constitution of India, (1950) - Service law - Petitioner implicated in a criminal case - In view of this not included in promotion panel and not promoted - Acquitted in criminal case - Subsequently promoted and retired on attaining age of superannuation - Denied monetary benefits for period of pendency of criminal case - Petitioner's acquittal in c...

25-Sep-2006 Quick Review

(2007) 7 MLJ 217 (Mad) Jaswant Chand versus G .V. Films Limited and Another (A) Code of Civil Procedure (5 of 1908), Order 23, Rule 3A proviso, Order 12, Rule 6 - Original Side Rules, 1965, Order 14 Rule 8 - Compromise decree - Application to set aside on ground of fraud Judgment on admissions and decree on compromise - Distinction - Duty of Court - Satisfaction of claim in compromise - Quantum of Claim.

30-Nov--0001 Quick Review

(2007) 7 MLJ 200 (BMM) M. Sankar, S/o A. Menon versus Bharat Heavy Electricals Ltd., Tiruchira-palli Constitution of India (1950), Article 16 - Service Law - Public Sector undertaking - Direct recruitment Short listing of candidates for written test and final selection - Proper method to be followed - Right of reserved category candidates to be considered both under general category and reserved category When arises - Reserved category candida...

27-Oct-2006 Quick Review

(2007) 7 MLJ 166 (Mad) B. Nirmala versus State of Tamil Nadu and Another Service Law - Dismissal - Petitioner appointed as Junior Assistant in Forensic Science Department on compassionate ground after the death of her husband in an accident - While so, she got remarried to younger brother of her late husband - On coming to know of this, Government terminating her services after she had served for 27 years in department ...

10-Nov-2006 Quick Review

(2007) 7 MLJ 154 (Mad)

S. Dhanasekaran versus Commissioner of Police, Madurai City Commissioner, Madurai and Another Service Law - Civil servant - Complaint by wife - Husband charged for ill treatment and demand for dowry - Departmental action on same ground - Petition to quash criminal proceedings - Representation by wife - Denial by wife of any charge against husband - Criminal charges quashed - Dismissal in departmental action - Not sustainable - Writ - Police...

13-Apr-2006 Quick Review

(2007) 5 MLJ 1367 (Mad) Nagammal versus Valliammal Transfer of Property Act (4 of 1882), Sections 54, 60 - Registration Act (16 of 1908), Section 17 - Suit for redemption - Mortgage deed in favour of defendant/mortgagee - One of mortgagors executed a sale deed-Exhibit B-1, in favour of a third party who is not party to mortgage deed - Defendant claimed to have purchased equity of redemption from s...

24-Mar-2007 Quick Review

(2007) 5 MLJ 1154 (Mad) Tamil Nadu Magnesite Limited, Salem versus State of Tamil Nadu, rep. by its Secretary, Commercial Taxes Department, Chennai and Another (A) Constitution of India (1950), Schedule VII, List II, Item 54 - Tamil Nadu General Sales Tax Act, 1959, 25-Apr-2007 Sections 7-A, 31 - Applicability - Central Sales Tax Act (74 of 1956) - Forest Conservation Act (69 of 1980) - Mining lease - Appellant granted lease for mining magnesite and dunite - Pre-assessment notice Quick Review - C. T. O. stating raw magnesite exca...

(2007) 5 MLJ 1152 (Mad) M. Gopal versus P. Thangadurai and Others Code of Civil Procedure (5 of 1908) - Execution proceedings - Immovable property, attachment and sale of - Legal heirs of defendant judgment debtor added as parties - Respondents claim property settled in their favour in 1997 itself - That they absolute owners of property - That property not belonging to 1st defendant when suit filed and decreed - ...

2-Jul-2007 Quick Review

(2007) 5 MLJ 1125 (Mad) 7th Channel Communications, by its Proprietor Manicam Narayanan, Chennai and Others versus Roja Combines, rep. by its Proprietor M. Kaja Mydeen, Chennai and Others (A) Code of Civil Procedure (5 of 1908), Order 39, Rule 1 - Injunction - Application for Temporary 13-Jul-2007 Injunction - Dispute relates to plaintiff's rights of Telugu version of suit film - Held, prima facie case, established by plaintiff as showed by facts and circumstances of case and materials on record - In event Quick Review of refusal of Injunction, loss suffere...

(2007) 5 MLJ 1045 (BMM) S. M. Chandrasekaran versus S. S. Jayamani and Others (A) Constitution of India (1950), Article 227 - Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960) - Ex parte order in RCOP - Interlocutory Application by petitioner to condone delay of 73 days, dismissed - Revision under Section 115, Code of Civil Procedure (5 of 1908) - Maintainability Petitioner plea to convert revision petitioner ...

23-Apr-2007 Quick Review

(2007) 5 MLJ 658 (Mad) Madras Presidency Homoeopathic Association represented by its Hony. General Secretary Dr. K. S. Bhaskaran Nair, Chennai versus Registrar, Tamil Nadu Homoeopathy Medical Council, Arignar Anna Govt. Hospital of Indian Medicine Campus, Chennai Tamil Nadu Homeopathy System of Medicine and Practitioners of Homeopathy Act, 1971, Section 27 19-Feb-2007 Homeopathy Central Council (Amendment) Act, 2002, Sections 12-A and 12-B - Respondent council directing petitioner association to forthwith stop holding classes in homeopathy system of medicine Quick Review Petitioner association challenging said direction in writ...

(2007) 5 MLJ 427 (SC) R. V. Dev @ R. Vasudevan Nair versus Chief Secretary, Govt. of Kerala and Others (A) Code of Civil Procedure (5 of 1908), Order 33, Rules 10, 11 - Person permitted to sue as indigent person - Suit and appeal as indigent person - Liability to pay Court fee - High Court holding, payment of Court fee by such indigent person merely deferred - Not altogether wiped off - Such person liable to pay Court-fee which he would have paid, i...

15-May-2007 Quick Review

(2007) 5 MLJ 417 (BMM)

K. Kavitha and Others versus Subramanian @ V. S. Mani and Others Code of Civil Procedure (5 of 1908), Sections 23(3) and 24 - Transfer of cases - Question of jurisdiction of Permanent Bench of Madras High Court at Madurai, to entertain transfer petitions seeking transfer of cases pending on file of Courts functioning within territorial jurisdiction of Principal Bench of Madras High Court at Chennai - Presidentia...

31-Jan-2007 Quick Review

(2007) 5 MLJ 412 (Mad) K. Kalisamy and Another versus Ms. R. Gowri Code of Civil Procedure (5 of 1908), Order 7 Rule 11(c), Sections 148, 149 and 151 - Interlocutory Application to reject plaint - Application, on ground of laches in payment of deficit Court fee - Plea of limitation - Impugned order, dismissing Application - Revision - Held, reason given for non-payment of Court fee at time of filing of plaint, not...

20-Jan-2007 Quick Review

(2007) 5 MLJ 401 (SC) Krishnananda versus Kattu Siva Ashram and Others Code of Civil Procedure (5 of 1908), Section 100 - Suit for declaration of title - Claim rejected by Trial Court - First appellate Court dismissed appeal on the ground both plaintiff and defendant have not acquired any title - Second Appeal dismissed summarily - As defendant had not filed any suit nor Trial Court had given any relief - Civil appeal...

18-Jan-2007 Quick Review

(2007) 5 MLJ 388 (Mad) Mulla Hussainy Bhai Mulla Akberally and Others versus Olympic Industries rep. by its Prop. Sri. K. B. Sridhar (A) Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974, Rules 12(2) and 28(7) - Code of Civil 15-Feb-2007 Procedure (5 of 1908), Order 8, Rule 9 - Additional counter statement by tenant - R. C. O. P. by petitioner landlords seeking fixation of fair rent - Petitioner contention said additional counter Quick Review statement containing new and inconsistent plea, at be...

(2007) 5 MLJ 368 (Mad) Chinnammal and Another versus Manickam @ Sellappan and Others Code of Civil Procedure (5 of 1908), Order 6, Rule 17 - Amendment of plaint - Principles - Deed of partition of properties by metes and bounds - Right of passage also set out - Suit by plaintiff for partition - Amendment of plait to include relief to right of passage - Amendment to be allowed ? Amendment of pleadings - Guidelines.

3-Jan-2007 Quick Review

(2007) 5 MLJ 348 (Mad) K. M. Palanisamy versus P. Sengottaiyan Code of Civil Procedure (5 of 1908), Order 9, Rule 7 - Suit for recovery of money - Defendant set ex parte - Application seeking to set aside the ex parte order - Trial Court allowing the application on condition of deposit of Rs. 50,000/- - Order challenged in revision - Contention that Court has no power to impose conditions, for setting aside th...

2-Jul-2007 Quick Review

(2007) 5 MLJ 338 (BMM) R. Ravi versus I. Pandiyarajan (A) Code of Civil Procedure (5 of 1908), Order 16, Rule 1 - Plaintiff seeking to summon Tahsildar and Village Administrative Officer - To be examined as witnesses to prove their case - Other party cannot prevent it - Open to other party to raise objection if evidence, thus adduced, irrelevant - Right of Plaintiff to examine his own witnesses cannot...

12-Apr-2007 Quick Review

(2007) 5 MLJ 336 (Mad) Hajira Beevi and Others versus R. Saraswathi and Others Code of Civil Procedure (5 of 1908), Section 146 - Can be invoked, when - Section 146, Code of Civil Procedure, can be invoked when any interest in immovable property transferred, pending proceedings - Not applicable to case where property purchased prior to filing of suit from defendant who suffered preliminary mortgage decree - Plaintiffs petitio...

18-Jan-2007 Quick Review

(2007) 5 MLJ 331 (BMM) N. S. Balasubramanian versus Union of India, through its General Manager, Southern Railway, Park Town, Madras - 3 (A) Code of Civil Procedure (5 of 1908) - G. O. Ms. No. 1544 - Tamil Nadu Rural Development and Local 13-Jun-2007 Administration Department, dated 31. 7. 1973 - Plaintiff's contention Advocate Commissioner's report

not considered by lower Courts - Defendant's case plaintiff's construction made to rest on defendant's compound wall - Clear from Commissioner's re...

Quick Review

(2007) 5 MLJ 318 (SC) M. Venkataramana Hebbar (D) By L. Rs versus M. Rajagopal Hebbar and Others Hindu Law - Family Settlement - Suit for partition - By reason of family settlement, complete partition of joint family property by metes and bounds purported to have taken place - However, one of co-sharer did not join in said purported family settlement - Held, family settlement, not been acted upon insofar as defendant No. 1 did not pay a sum in...

5-Apr-2007 Quick Review

(2007) 5 MLJ 298 (Mad) S. Rangarajan and 2 Others versus Nathan's Foundations Pvt. Ltd., rep. by its Managing Director, Mr. K. V. Shankaralingam, Chennai-17 and 6 Others (A) Code of Civil Procedure (5 of 1908), Order 39, Rule 1(a) - Specific Relief Act (47 of 1963) 12-Apr-2007 Interlocutory Application by defendant promoter for interim injunction - To restrain plaintiffs from alienating their plots - During pendency of said Interlocutory Application, Memo by defendant to Quick Review restrain plaintiffs from interfering with defendant's ...

(2007) 5 MLJ 246 (BMM) Indira Gandhi College for Women Committee, rep. by its Secretary, G. Mohan, Madurai - 625 006 versus State of Tamil Nadu rep. by its Secretary, Information and Tourism Department, Chennai and Others (A) Constitution of India (1950), Article 254(2) - Land Acquisition Act (1 of 1894), Sections 3(f), 4(1) 10-Jul-2007 Public purpose - Tamil Nadu Requistioning and Requisition of Immovable Property Act, 1956, Section 2(f) - State Government seeking to acquire petitioner's lands - House where Pon Muthuramalinga Quick Review Thevar breathed his last, situated in said lands ...

(2007) 5 MLJ 243 (BMM) T. Gnanamani Ammal versus Avaniappuram Town Panchayat, rep. by its Executive Officer, Avaniapuram, Madurai Code of Civil Procedure (5 of 1908), Order 39, Rule 1 - Suit property set apart for public purpose by 31-Jan-2007 Panchayat - But not handed over or conveyed to the Panchayat - Once a property has been set apart for a public purpose the title of the owner ceases - Transfer of such land to a third person becomes void Quick Review Second appeal dismissed.

(2007) 5 MLJ 187 (SC) Hardesh Ores Pvt. Ltd. and Another versus Hede and Company (A) Code of Civil Procedure (5 of 1908), Order 7 Rule 11 - Rejection of plaint on ground of limitation Allegations in plaint to be examined - To be read wholly and not in parts. 15-May-2007 Quick Review

(2007) 5 MLJ 145 (Mad) C. Augustine Jacob versus Union of India, rep. by its Secretary, Ministry of Shipping, Road Transport and Highways, New Delhi and Others (A) Constitution of India (1950), Article 226 - Code of Civil Procedure (5 of 1908), Order 2 Rule 2 17-Jul-2007 National Highways Act (48 of 1956), Sections 3-A and 3-D - Notifications under - Challenge of - Plea of incompetency of Deputy Secretary in issuing Notifications - Bar under Order 2 Rule 2 of Code, whether Quick Review applicable - Held, said bar, not applicabl...

(2007) 5 MLJ 116 (Mad) B. Sivanthi Adithyan and Others versus B. Ramachandra Adithyan and Others Code of Civil Procedure (5 of 1908), Section 92(1) and Order 7, Rule 11(d) - Suit for various reliefs including relief of framing a scheme for administration of the trust - Application seeking rejection of plaint filed by defendants 1 to 3 - Contention that leave granted under Section 92(1) was obtained by six persons, but only four out of those si...

27-Jun-2007 Quick Review

(2007) 5 MLJ 108 (Mad) K. Kannappan versus C. S. Selvaraj (deceased) and Others (A) Code of Civil Procedure (5 of 1908), Section 114, Order 47, Rule 1 - Specific Relief Act ( 47 of 1963), Section 28 - Review - Scope of - Decree granted in a suit for specific performance - Appeal dismissed by division Bench - However, plaintiff directed to deposit an additional sum of Rs. 1,00,000/- within the

13-Aug-2007 Quick Review

time stipulated - Additional sum d...

(2007) 5 MLJ 15 (Mad) S. Narasiman, S/o. Sankaraiah versus State of Tamil Nadu, rep. by its Secretary, Higher Education Department, Fort St. George, Chennai-9 and Another (A) Constitution of India (1950), Articles 14 and 226 - Education - Admission to Engineering courses for 18-Jul-2007 academic year 2007-2008 - Exclusion of students who had passed during previous years, sought for, on ground of change of syllabus - Held, basic assumption that syllabus for year 2007 was tougher as Quick Review compared to previous years, not correct - Thoug...

(2007) 4 MLJ 1098 (BMM) S. Suresh versus Sivabalakannan and Others Code of Civil Procedure (5 of 1908), Order 8, Rule 9 - Interlocutory Application by defendant seeking leave to file additional written statement dismissed - Leave to file additional written statement, held, to be granted liberally - Except when defendant raises mutually destructive pleas or tries to introduce a new case altogether - Revision petiti...

22-Mar-2007 Quick Review

(2007) 4 MLJ 1034 (SC) Begum Sabiha Sultan versus Nawab Mohd. Mansur Ali Khan and Others (A) Code of Civil Procedure (5 of 1968) Sections 16 and 20, Order 7 Rule 11 - Return of Plaint - Suit relating to immovable property situate at Gurgaon - Plaint presented to the Trial Court at Delhi - Suit comes within the purview of Sections 16(b) and (d) - Plaint presented in Court having no jurisdiction to entertain suit - Trial Court is correct...

12-Apr-2007 Quick Review

(2007) 4 MLJ 978 (Mad) Sreyas Sripal and Another versus Upasana Finance Ltd., Chennai (B) Code of Civil Procedure (5 of 1908), Section 51 - Execution petitions - Order of arrest passed by Master against judgment debtors - However, said order, not been executed for nearly five years and thereafter, warrant of arrest, re-issued by Master on request of decree holder - Held, there has been sufficiently long interval between original ord...

9-Jul-2007 Quick Review

(2007) 4 MLJ 866 (BMM) Kalaiselvan versus Velusamy and Another Code of Civil Procedure (5 of 1908), Section 11 - Principle of res judicata - Suit for specific performance - Dismissal of Interlocutory Application for sending disputed document for comparison by Expert Failure to file revision before suit decreed - Appeal against suit - Impugned order, allowing application, filed during pendency of appeal with ...

19-Apr-2007 Quick Review

(2007) 4 MLJ 863 (Mad) Sri Panduranga Brick Works, rep. by its Power Agent, and Others versus Gururagavendra Foundations Pvt. Ltd., Chennai and Others (A) Code of Civil Procedure (5 of1908), Order 39 Rules 1 and 2 - Suit for declaration and injunction 5-Mar-2007 Application for interim injunction - Contention that certain documents, obtained under coercion and threat, hence, not binding on plaintiff/applicant - Held, no prima facie case, established by plaintiff Quick Review Also, until documents held to be obtained...

(2007) 4 MLJ 842 (SC) P. Chandrasekharan and Others versus S. Kanakarajan and Others Code of Civil Procedure (5 of 1908), Sections 100, 100(4), Order 22 Rule 4 - Second Appeal - Impugned judgment, allowing Cross Objection of respondents - Held, Courts below misread and misinterpreted document of title and plan for identification of suit lands whereupon appellants/plaintiffs themselves relied upon - Misinterpretation of document wou...

27-Apr-2007 Quick Review

(2007) 4 MLJ 796 (Mad) Marimuthammal and Others versus Vaithi and Others Code of Civil Procedure (5 of 1908), Order 21, Rules 90 and 64 - Court auction sale - Setting aside of There is no suppression of facts - No objections raised by the judgment debtors regarding the upset price, when it was fixed - Simply because the purchaser happened to be the son-in-law of the decree holder, it cannot be presumed that there has ...

20-Jun-2007 Quick Review

(2007) 4 MLJ 711 (Mad) Mala @ Mahalakshmi, Faziapad District versus R. Nandakumar Code of Civil Procedure (5 of 1908), Sections 23 (3), 25 - Transfer Petition - Matrimonial case Transfer, sought for, by petitioner/wife on ground of difficulty in travelling - Held, High Court, empowered to transfer case as it is for party seeking transfer either to choose form under Section 25 or 23 - On consideration of facts and circumstances...

12-Jun-2007 Quick Review

(2007) 4 MLJ 508 (SC) Mohit Bhargava versus Bharat Bhushan Bhargava and Others (A) Code of Civil Procedure (5 of 1908), Section 39(4), Order 21 Rules 3 and 50 - Execution Court Territorial jurisdiction of - Decree for sale of property - Property situated outside the jurisdiction of the Court - Executing Court cannot proceed with execution of the decree - It has no option but to transmit the decree to the Court having jurisd...

20-Apr-2007 Quick Review

(2007) 4 MLJ 503 (SC) Lal Devi and Another versus Vaneeta Jain and Others (B) Code of Civil Procedure (5 of 1908), Section 151 - Inherent powers - Exercise of - Unfair and dilatory tactics adopted by the parties - Courts have abundant powers to deal with such situations, by exercising their inherent powers - Appeal allowed.

14-May-2007 Quick Review

(2007) 4 MLJ 485 (BMM) Jansirani and Others versus G. Loganathan and Others (A) Code of Civil Procedure (5 of 1908), Order 13 Rule 1 - Indian Evidence Act (1 of 1872), Sections 63, 65 - Suit for partition - Impugned order, dismissing application to receive Xerox copy of partition deed Held, such Xerox copy of document, to be secondary evidence - No notice requiring defendants to produce original, issued - However, since ...

5-Apr-2007 Quick Review

(2007) 4 MLJ 472 (Mad) Syndicate Bank, rep. by its Manager, Ootacamund versus K. Prakash and Another Code of Civil Procedure (5 of 1908), Section 96 - Limitation Act (36 of 1963), Sections 19, 20 Impugned order, dismissing suit for money claim against second defendant/guarantor and decreeing only against first defendant/principal debtor - Appeal, by plaintiff Bank - Held, subsequent acknowledgement and payment under Sections 19, 20 of Limitation...

27-Jun-2007 Quick Review

(2007) 4 MLJ 461 (Mad) R. V. E. Venkatachalam versus Jeel Devanesan and Others Code of Civil Procedure (5 of 1908), Order 1 Rule 10 - Suit for specific performance - Adding of parties - Necessary and proper party - Who is - Parties to the contract or if they are dead, their legal representatives are the necessary parties, in a suit for specific performance - It is enough if the executants of the agreement are arranged as defe...

5-Jun-2007 Quick Review

(2007) 4 MLJ 454 (Mad) Parvathavarthini @ Kuppammal @ Raji and Another versus Heerachand Surana rep. by Power of Attorney A. Sivakumar Code of Civil Procedure (5 of 1908), Order 14, Rule 2 - Suits to declare the sale deeds as null and void 12-Jun-2007 suits filed before the District Munsif Court - Contention by the defendant that the Court fees has to be paid on the market value of the sale deeds and if paid accordingly, only the subordinate Court, will have Quick Review jurisdiction - Issue of pecuniar...

(2007) 4 MLJ 451 (Mad) N. Yonus Sait versus T. Joseph. (A) Code of Civil Procedure (5 of 1908), Order 39, Rules 1 and 2, Order 43 Rule 1 and Section 104 Constitution of India (1950), Article 227 - Revision against dismissal of application seeking ad interim injunction - Maintainability of - Alternative remedy by way of appeal, is available - Once adequate and comprehensive remedy by way of appeal is ...

4-Jun-2007 Quick Review

(2007) 4 MLJ 447 (Mad)

Sujatha versus Vijay Anand and Another Code of Civil Procedure (5 of 1908), Order 41, Rules 23 and 23-A - Remand of case by appellate Court Permissibility of - Scope of remand is limited - As a condition precedent for exercise of power of remand, there shall be a finding by the appellate Court that the judgment and decree of the Trial Court are erroneous on facts or on law and therefo...

16-Mar-2007 Quick Review

(2007) 4 MLJ 433 (Mad) P. Sakthivel versus Ponnusamy Code of Civil Procedure (5 of 1908), Sections 149,151 ? Suit for recovery of money - Re-presentation of plaint - Impugned order, dismissing application to condone delay in making re-presentation of plaint Held, deficit Court fee found and directed to be paid within stipulated time - But, not even any part of Court fee, paid - Plaint re-presented ...

18-Jun-2007 Quick Review

(2007) 4 MLJ 383 (SC) Kandapazha Nadar and Others versus Chitraganiammal and Others Code of Civil Procedure (5 of 1908), Order 23 Rule 1(4), Section 2(2) - Withdrawal of suit - Effect - Suit for recovery of possession of property - Decreed - Contesting defendants also claim to have purchased the suit property and in possession also - Pending Second Appeal defendants granted leave to withdraw suit making it clear plaintiff-responde...

16-Apr-2007 Quick Review

(2007) 4 MLJ 378 (SC) Shiv Gopal Sah @ Shiv Gopal Sahu versus Sita Ram Saraugi and Others Code of Civil Procedure (5 of 1908), Order 6 Rule 17 - Amendment to Plaint - Time barred claim Eviction Suit converted into Title Suit - in view of claim by defendants that they had purchased suit property by a separate sale deed in 1985 - Plaintiff directed by order dt. 4. 1. 1991 to pay ad valorem Court fee and carry out amendments - Only on 11...

30-Mar-2007 Quick Review

(2007) 4 MLJ 290 (Mad) Andritz Oy rep. through Power of Attorney Agent MR. Siraj Ahmad, New Delhi versus Enmas Engineering Pvt. Ltd., rep. by its Director and Principal Officer, Chennai and Another Arbitration and Conciliation Act (26 of 1996), Sections 2 (1)(b), 7, 45 and Article II-2, First Schedule 5-Jun-2007 Application to refer parties to present suit to arbitration - Joint Venture Agreement - Held, definition of term, 'Arbitration Agreement' under Section 7(1) of Act of 1996, applicable only to Part I of Act - Section Quick Review 45, refers only to one agr...

(2007) 4 MLJ 273 (Mad) Bellamma versus Nagarathnamma and 2 Others Code of Civil Procedure (5 of 1908), Order 16 Rule 14 - Impugned order, permitting plaintiff, to be reexamined as witness, namely P. W. 1, by invoking suo motu power under Order 16 Rule 14 - Held, Order 16 Rule 14 applies only to persons who, not called as witnesses earlier - Impugned order, set aside.

15-Mar-2007 Quick Review

(2007) 4 MLJ 245 (Mad) Misons Leather Ltd., rep. by its Managing Director versus Canara Bank, rep. by its Chief Manager No. 131, A. N. Street, Chennai Constitution of India (1950), Articles 14, 226 - Securitisation and Reconstruction of Financial Assets and 11-Jun-2007 Enforcement of Security Interest Act (54 of 2002), as amended by Act 30 of 2004, Sections 13, 17 Amended provisions of Section 17 - Constitutional validity of - Challenge on ground of being contrary to Quick Review judgment of Supreme Court in Mardia Ch...

(2007) 4 MLJ 218 (BMM) Manuel versus State of Tamil Nadu rep. by District Collector, Kanyakumari Dist. and Others Code of Civil Procedure (5 of 1908), Order 5, Rules 17, 18, 19 and 20 - Substituted Service - Impugned ex parte order - Held, no reasons, stated as to why paper publication, ordered - Mandatory procedure under Order 5, Rule 20(1) of C. P. C., not followed - Whether prior to order of paper publication, notice really served or not, on petitioner, not...

27-Mar-2007 Quick Review

(2007) 4 MLJ 171 (Mad) K. Sathyamurthi versus State of Tamil Nadu, rep. by its Secretary to Government, Higher Education Department, Chennai and Others

Constitution of India (1950), Article 226 - Education - Government colleges - Lecturers - Appointment Selection - UGC Regulations - PG., Ph. D and M. Phil candidates - NET and SLET - Exemption for certain category - Prescription by UGC - Expert body - Court, not to interfere - Weightage marks in the process of selection - Exclusion of certain cat...

24-Mar-2007 Quick Review

(2007) 4 MLJ 160 (Mad) P. Perumal versus A. V. Sureshbabu and Others (A) Constitution of India (1950), Article 226 - Service - Seniority - State Civil service - Persons duly appointed - Seniority list-Promotion - Temporary appointment, later regularized - Tribunal-Application for fixing seniority without impleading persons already promoted - Applications allowed - Writ to quash such fixation by employees already pr...

4-Apr-2007 Quick Review

(2007) 4 MLJ 146 (Mad) Syndicate of the Manonmaniam Sundaranar University, rep. by its Chairman, Tirunelveli and Another versus Sri Kumaraguru Swamigal Arts College, rep. by its Correspondent, Prof. P. Velappapillai, V. O. C. District and Others Constitution of India (1950), Article 226 - University - Affiliated college - Capitation Fee Act (1992) 13-Apr-2007 Capitation fee - Collection - Charge against college - Syndicate - Enquiry - May be delegated to a Committee - Opportunity to be afforded to the college - Proof of charges - Withdrawal of affiliation Quick Review Penal action - Initiation of proceedings -...

(2007) 4 MLJ 140 (Mad) Major Uday Nangia, Officer's Mess, Chennai versus Assistant Adjutant Quarter Master General, Chennai and Another (A) Constitution of India (1950), Article 226 - Army Act (46 of 1950), Sections 125, 135, 153, 164 - Major 23-Apr-2007 in the army - Charge under Section 306 and 498-A I. P. C. - Choice between criminal Court and Courtmartial - Finding and Sentence - Writ challenging jurisdiction of Court martial - Permission to withdraw Quick Review writ - Order allowing liberty to raise...

(2007) 4 MLJ 129 (Mad) Tvl. Aruna Malai College of Education, Run by the Indira Gandhi Educational Trust, rep. by its Managing Trustee, S. S. K. Chowdry, Kumarapuram and Another versus Secretary to Government, Higher Education Department, Chennai and Others (A) Constitution of India (1950), Article 226 - Education - Teachers training Colleges - Recognition by 28-Feb-2007 NCTE - Affiliation by University for a particular academic year - Admission and attendance in anticipation - But grant of affiliation for the next academic year - No power in the university to grant Quick Review affiliation retrospectively - No writ of mandam...

(2007) 2 MLJ 1225 (Mad) Nanjappa Gounder, S/o. Karuppa Gounder, Gobichettipalayam versus N. Subramaniam, S/o. Nallasami Chettiar, Gobi, Periyar District and Others Civil Procedure Code (5 of 1908), Section 64 Private alienation of property after attachment 3-Apr-2007 Purchase of properties was made subsequent to order of attachment, but the agreement in pursuance of which the purchase was made was prior to the attachment Whether such alienation is void in view of Quick Review Section 64 Rights of the attaching creditor shall...

(2007) 2 MLJ 1162 (Mad) R.M. Bedi versus Vijayeswari Textiles Ltd., Coimbatore and Another Civil Procedure Code (5 of 1908), Order 9 Rule 8 Advocates Act (25 of 1961), Section 49(c) Suit dismissed for default for non-appearance of both the counsel for plaintiff as well as the plaintiffApplication for restoration filed Affidavit sworn to by the counsel for plaintiff Application dismissed as not maintainable Order assailed in R...

29-Jan-2007 Quick Review

(2007) 2 MLJ 1069 (Mad) Janab Dr. Hisamuddin Papa Saheb and Others versus Versus E. Niyamathulla and Others (A) Wakf Act (43 of 1995), Sections 32, 63, 64, 65, 66, 69, 85 and 90 Civil Procedure Code (5 of 1908), Sections 9 and 92 Wakf Properties Management of Order of the Wakf Board Whether Civil Court has jurisdiction to entertain disputes relating to Wakf properties All the Wakf properties in the State vest with the Wakf Board It is for t...

16-Feb-2007 Quick Review

(2007) 2 MLJ 1057 (Mad)

Tamil Nadu Electricity Board, rep. by its Chairman, Chennai versus Versus Aries and Aries, Civil Engineers & Contractors, a Unit of Sudarsan Trading Co., Madras, rep. by its General Manager, G. Subramanian, Madras (A) Limitation Act (36 of 1963), Articles 18, 55 and 113 Suit for the price of work done Period of 26-Feb-2007 limitation Suit has to be filed within three years from the date on which the work is done Article 55 relates to suit for compensation for the breach of any contract Article 113 is applicable for any suit Quick Review for which no period of limitation i...

(2007) 2 MLJ 991 (Mad) Sri Ramakrishna Mutt, rep. by its Manager, Chennai versus M. Maheswaran and Others Hindu Succession Act (30 of 1956), Sections 14(1) and 14(2) Properties endowed to a Mutt Life interest reserved by the Settlor for himself and his second wife During the lifetime of the second wife of the Settlor, her step-son inducted into the property as a tenant But later on, the leave and licence was revoked Suit filed for recovery of...

6-Feb-2007 Quick Review

(2007) 2 MLJ 937 (Mad) Inbamathi versus Ramar and Others (A) Indian Trusts Act (2 of 1882), Sections 63 and 64 Trust property Saving of rights of certain transferees Purchaser not pleading that she was not aware of the creation of the Trust and she had purchased the suit properties in good faith for consideration To claim relief under Section 64, appropriate pleadings have to be raised Only upo...

20-Jan-2007 Quick Review

(2007) 2 MLJ 929 (Mad) Shri Parvatham Textiles, rep. by its sole proprietor, Erode versus C hona Financial Services Pvt. Ltd., rep. by Managing Director, Chen nai Civil Procedure Code (5 of 1908), Order 21 Rule 41 Arbitral award put in execution Judgment1-Feb-2007 debtor pleading no means defence Direction issued to the judgment- debtor for production of details of his income and properties for the satisfaction of the lease, failing which an order of arrest to Quick Review follow Non-compliance with the direction to pr...

(2007) 2 MLJ 907 (Mad) K. Ramu versus Adyar Ananda Bhavan, Chennai Civil Procedure Code (5 of 1908), Order 39 Rules 1 and 2 Patents Act (39 of 1970), Sections 48 and 108 Grant of 5-Jan-2007 Quick Review

(2007) 2 MLJ 901 (Mad) T. Govindarajan and Others versus T. Soundarajan (A) Civil Procedure Code (5 of 1908), Order 21 Rule 64 Execution Proceedings Property attached and liable to be sold Only such portion of the property necessary to satisfy the decree could be sold Executing Court has a duty cast upon it to hear the judgment-debtor, so also the decree-holder and order sale of only such property or a portion...

3-Feb-2007 Quick Review

(2007) 2 MLJ 801 (Mad) A. Kalabai versus P. Pattammal and Others Civil Procedure Code (5 of 1908),Order 16 Rules 1, 1(3) List of witnesses Summons to witnesses Witnesses not shown in the list Discretionary power to summon Purpose of summoning witnesses Party to state Advocate Commissioner to measure property Report Discretion to summon Commissioner to testify Relevant factors.

8-Feb-2007 Quick Review

(2007) 2 MLJ 748 (Mad) K. Loganthan versus Rajalakshmi and Others Tamil Nadu Court Fees and Suit Valuation Act (14 of 1955), Sections 40, 50 Civil Procedure Code (5 of 1908), Section 73(2) Plaintiff, purchaser of property in execution sale Distribution of sale proceeds rateably to decree-holders Subsisting Mortgage decree Not brought to notice of Court directing distribution Suit by plaintiff To rec...

12-Feb-2007 Quick Review

(2007) 2 MLJ 643 (Mad) Executive Officer, Kolappalur Town Panchayat, Kolappalur versus Maxwell Apparel Industries Ltd., rep. by its General Manager, Kolappalur Village, Gopi Taluk and Another

Tamil Nadu District Municipalities Act (5 of 1920) Civil Procedure Code (5 of 1908), Section 9 Property Tax Assessment of Civil suit seeking to declare the special notices demanding tax, as illegal and unenforceable Panchayat has not followed the principles enunciated in law for fixing the property tax Tax paid in respect of the earlier...

11-Jan-2007 Quick Review

(2007) 2 MLJ 399 (Mad) C. Arunachalam Pillai and Another versus S. Krishnasamy and Others Civil Procedure Code (5 of 1908), Section 10 Scope and applicability Stay of subsequent suit under Stage at which it can be done Subsequent suit can be stayed only at the trial stage Cannot be stayed at the appellate stage.

20-Dec-2006 Quick Review

(2007) 2 MLJ 393 (Mad) M. Saminathan versus Vijayalakshmi Civil Procedure Code (5 of 1908), Order 6 Rule 17 Limitation Act (36 of 1963), Article 113 Amendment of plaint at Appellate stage Permissibility Suit for permanent injunction, dismissed by Trial Court Pending Appeal, suit sought to be converted into one for mandatory injunction Application seeking amendment rejected by Appellate Court ...

5-Feb-2007 Quick Review

(2007) 2 MLJ 369 (Mad) Vasanthi Nelson versus Antony Nelson @ A.B.H. Nelson, rep. by Power of Attorney Jerry Rodriques (A) Benami Transaction (Prohibition) Act (45 of 1988), Section 3 Property purchased in the name of the wife Act carves out an exception to the prohibition of benami transaction if the purchase is made in the name of wife or unmarried daughter.

22-Jan-2007 Quick Review

(2007) 2 MLJ 355 (Mad) S. Sundarasamy versus S. Saraswathy Civil Procedure Code (5 of 1908), Order 26 Rule 9 Suit for permanent injunction and mandatory injunction Appointment of Advocate Commissioner for the second time Permissibility Object of appointment of Commissioner is to elucidate matters which are local in nature Second Commissioner can be appointed only if the report of the first Commis...

2-Aug-2006 Quick Review

(2007) 2 MLJ 353 (Mad) D.A. Paramasivam versus Nataraja Achari and Another Civil Procedure Code (5 of 1908), Order 6 Rule 17 Amendment of plaint at appellate stage Permissibility Suit for specific performance Date of sale agreement wrongly mentioned in plaint Suit dismissed Appeal filed Amendment to correct the date of sale agreement, sought for in appeal Application seeking amendment, dismissed Order ch...

1-Feb-2007 Quick Review

(2007) 2 MLJ 339 (Mad) K. Ramu versus Adyar Ananda Bhavan, Chennai Civil Procedure Code (5 of 1908), Order 39 Rules 1 and 2 Patents Act (39 of 1970), Sections 48 and 108 Grant of 5-Jan-2007 Quick Review

(2007) 1 MLJ 863 (Mad) Kamala and Others versus Ramachandran and Another Civil Procedure Code (5 of 1908), Order 22 Rule 9 Partition suit Final decree proceedings Revision against order appointing Advocate Commissioner to divide the suit property by metes and bounds Contention that death of a party was not brought to the notice of the Court, before passing of preliminary decree Legal representatives of the dec...

10-Jan-2007 Quick Review

(2007) 1 MLJ 827 (Mad) A.P. Kuppusamy and Others versus P. Kumarapalayam Municipality, rep. by its Commissioner, Tiruchengode Tk. Civil Procedure Code (5 of 1908), Order 39 Rule 1 Specific Relief Act (47 of 1963), Section 38 Suit 22-Nov-2006 for injunction Person in lawful possession without title Can sue for bare injunction without adding a prayer for declaration of his right. Quick Review

(2007) 1 MLJ 784 (SC)

State of A.P. versus V. Sarma Rao and Others Land Acquisition Act (1 of 1894), Section 53 Civil Procedure Code (5 of 1908), Sections 3,96 Criminal Procedure Code (2 of 1974), Sections 195 and 340 Land Acquisition and passing of award Allegations of conspiracy and fraud on the part of Subordinate Judge and others Enquiry and complaint for offences Competent Court, High Court and no...

10-Nov-2006 Quick Review

(2007) 1 MLJ 755 (Mad) Kaliyaperumal and Others versus Pudupettai Chokkanathaswamy and Another Civil Procedure Code (5 of 1908), Order 6 Rule 17 and Section 151 Amendment to include the name of the second plaintiff as a party Consequent to the order in impleading petition Deletion of the words power of attorney or power agent, sought for Second plaintiff sought to be shown as trustee No notice issued to opposite party Orders ...

1-Jan-2007 Quick Review

(2007) 1 MLJ 725 (Mad) Kannathal and Others versus Arulmighu Kanniammal Karuppasamy Thirukoil, Chettipalayam, Coimbatore and Another Civil Procedure Code (5 of 1908), Order 41, Rules 23-A, 23,25 and 27 Remand of case by appellate 5-Jan-2007 Court Conditions for -lowerappellate Court has considered the entire evidence and made observations touching the merits of the case, which is opposed to law After the introduction of Rule Quick Review 23-A, the power of remand can be exercised only when: (1) t...

(2007) 1 MLJ 696 (Mad) S. Rajasekaran versus K. Sargunam Civil Procedure Code (5 of 1908), Order 14 Rule 2 Revision against an order rejecting the application to decide the issue of Court fee, as a preliminary issue Contention that the suit property ought to have been valid as per Section 40 of the Court Fees Act Plaintiff is a party to the alleged forged document He has filed the suit to declare...

3-Jan-2007 Quick Review

(2007) 1 MLJ 683 (Mad) V. Rajasekaran and Another versus M. Rajendran, Trustee, MGR Memorial Charitable Trust, Chennai Civil Procedure Code (5 of 1908) Section 92 Public Trust Suit for removal of Trustee and appointment of a competent person Application seeking leave to sue under Section 92, rejected on the ground that the Trust is not a party and Section 92 cannot be invoked to ventilate any personal grievance Order challenged in original side Appeal Sui...

19-Dec-2006 Quick Review

(2007) 1 MLJ 669 (Mad) V.N. Subramaniyam versus A. Nawab John and Others (A) Civil Procedure Code (5 of 1908), Sections 148, 149 and 151 Payment of deficit Court-fee Delay in Application for condonation filed under Sections 148 and 151 and not under Section 149 Sufficient cause not shown for the delay No notice was ordered to the defendant In the absence of any order passed by the Court for granting time for...

22-Dec-2006 Quick Review

(2007) 1 MLJ 664 (Mad) Madaswamy versus Govindaraj Civil Procedure Code (5 of 1908), Section 47, Order 21, Rule 35 Decree for possession Removal of construction Judgment-debtor questioning the executability of the decree for possession, on the ground that there is no direction to deliver possession after removal of construction Judgment-debtor has put up the construction pendente lite Fi...

2-Jan-2007 Quick Review

(2007) 1 MLJ 645 (Mad) K. Palaniswamy and Another versus S.B. Subramani and Another Civil Procedure Code (5 of 1908), Order 7 Rule 11 Tamil Nadu Court Fees and Suits Valuation Act (14 of 1955), Section 40 Rejection of plaint Order dismissing the application to reject the plaint, assailed in revision Suit for declaring the sale deeds, as null and void Plaintiff not a party to the sale deeds Relief sought for would not c...

14-Dec-2006 Quick Review

(2007) 1 MLJ 637 (SC) Industrial Investment Bank of India Ltd. versus Marshals Power & Telecom (I) Ltd. and Another (A) Civil Procedure Code (5 of 1908), Order 39, Rules 1 and 2 Interim injunction granted restraining

8-Nov-2006

enforcement of rights arising out of hypothecation and charge Competent proceedings before Debts Recovery Tribunal, initiated by defendant-financial institution, seeking to enforce its claimed rights Plaintiff should put forth its defence agai...

Quick Review

(2007) 1 MLJ 611 (Mad) Aditya Masala Nani Agro Foods (P) Ltd., Erode versus M. Selvaraj and Others Constitution of India (1950), Article 227 Civil Procedure Code (5 of 1908), Order 39, Rules 1 and 2 Water (Prevention and Control of Pollution) Act (6 of 1974) Air (Prevention and Control of Pollution) Act (14 of 1981), Section 21 Suit by a neighbour against a Food Processing Industry Contention that the Industry is causing pollution, nui...

22-Dec-2006 Quick Review

(2007) 1 MLJ 600 (Mad) Clara, W/o Late Abraham Mathew and Another versus T. Harendranath and Another (A) Motor Vehicles Act (59 of 1988), Section 149(2)(a)(ii) Fatal accident Claim for compensation Liability of the insurer Insurer has neither pleaded nor proved that the insured was guilty of negligence and failed to exercise reasonable care in the matter of fulfilling the conditions of the policy regarding the use of scooter by a duly lice...

5-Jan-2007 Quick Review

(2007) 1 MLJ 591 (Mad) G. Ramalingam versus T. Vijayarangam (A) Specific Relief Act (47 of 1963) Suit for specific performance No clause in the sale agreement, stipulating that time is the essence of the contract Evidence on record does not show any compelling circumstance to draw an adverse inference that parties intended to treat time as the essence of the contract Lower Courts are not correct in ...

6-Nov-2006 Quick Review

(2007) 1 MLJ 566 (Mad) N. Sankara Narayanan versus Aruna Theatres & Enterprises Private Limited, Chennai and Others (A) Companies Act (1 of 1956), Section 173(2) Civil Procedure code (5 of 1908), Order 39 Rule 1 and 2 Company Extraordinary General Meeting Suit seeking to declare the notice issued by the share -holders for convening an Extraordinary General Meeting, as illegal, invalid and ultra vires Application for ad interim injunction restraining ...

5-Jan-2007 Quick Review

(2007) 1 MLJ 546 (Mad) Ponnan and Others versus Peraman and Another (A) Easements Act (5 of 1882), Section 13 Common pathway Easementary right Plaintiffs claiming right over the pathway as an easement of grant Question, whether an easement is one acquired by grant, does not depend upon absolute necessity of it Only the nature of the acquisition is relevant Many easements acquired by grant may be absolut...

27-Oct-2006 Quick Review

(2007) 1 MLJ 484 (Mad) M. Baskaran, Gudiyatham versus M. Sabathy, Vellore (A) Civil Procedure Code (5 of 1908), Order 1, Rule 13 Objection as to non-joinder or mis-joinder of parties Must be taken at the earliest opportunity Cannot be taken at the execution stage. 2-Nov-2006 Quick Review

(2007) 1 MLJ 420 (Mad) Manoharan, S/o. Raju Gounder, Udumalpet versus Enercon (India) Ltd., Bombay, rep. by its General Manager and Others (A) Civil Procedure Code (5 of 1908), Section 24 Transfer of proceedings Contention that the 12-Dec-2006 Presiding Officer is biased and refusing long adjournment Mere whims and wishes of the party is not a ground for transferring cases It would be a dangerous principle to transfer a case merely on the Quick Review ground that the Court is declining long adjournmen...

(2007) 1 MLJ 385 (Mad) Lt. Col. Joseph George (Retd.), rep. by his Power of Attorney Agent Antony K. George versus Trilby St. Claire Suares and Others Civil Procedure Code (5 of 1908), Order 7 Rule 11 Tamil Nadu Court Fees and Suits Valuation Act 30-Nov-2006 (14 of 1955), Sections 27(c) and 42(a) Return of plaint Though the prayer in the suit has been worded as Suit for Permanent Injunction, what is sought for is only specific performance Case on Quick Review hand is a typical example as to how astuteness can be ...

(2007) 1 MLJ 320 (Mad) Hi. Sheet Industries, a partnership firm, Vellore District versus Litelon Limited, Hosur, rep. by its Managing Partner S. Gokul and Others Civil Procedure Code (5 of 1908), Order 6 Rule 17 Effect of Amendment Act 22 of 2002 Specific 1-Dec-2006 Relief Act (47 of 1963), Section 40 Limitation Act (36 of 1963), Section 3 Amendment of pleadings Bar of limitation Whether amendment of pleading claiming or enhancing damages is barred by Quick Review limitation Amendment of pleading on damages is not ba...

(2007) 1 MLJ 316 (SC) Ravi Construction Company versus Somvanshi Arya Kshatriya Samaj and Others (A) Civil Procedure Code (5 of 1908), Section 100 Second appeal High Court Framing question of law for decision Requirement mandatory. 13-Sep-2006 Quick Review

(2007) 1 MLJ 297 (Mad) M.S. Mani versus K. Shyamala Constitution of India (1950), Article 227 Hindu Marriage Act (25 of 1955), Section 24 Civil Procedure Code (5 of 1908), Section 151 Petitions, filed before Family Court, by respondent-wife to dissolve marriage between petitioner and her Applications for interim maintenance and return of property, also filed Considering financial position ...

4-Nov-2006 Quick Review

(2007) 1 MLJ 286 (Mad) Pepsi Co India Holding Pvt. Ltd., Chennai, rep. by its Unit Manager, Chennai versus Ananda Agencies, Thiruthuraipoondi, rep. by its Proprietor, Mr. Anthony Francis, and Another (A) Civil Procedure Code (5 of 1908) Order 39 Rules 1 and 2-Ad-interim injunction-Grant of Dispute between distributor and manufacturer of soft drinks Existence of distributor agreement, admitted Terms of the contract is binding on the parties Distributor has failed to prove exclusive right of the dealership Manufacturer has the right ...

6-Dec-2006 Quick Review

(2007) 1 MLJ 266 (Mad) Periyar Nagar Christian Association (Regd.), rep. by its President, Mr. Frank Moses versus Periyar Nagar CSI Church, Diocese of Madras, rep. by its Presbyster-in-Charge and Others (A) Specific Relief Act (47 of 1963), Section 34 Grant of declaratory relief Conditions for In 24-Nov-2006 order to get a declaratory relief, the plaintiff must be a person entitled to any legal right, the defendant must be a person denying the plaintiffs right to such character, the declaration sought for must be a Quick Review declaration that the plaintiff is ent...

(2007) 1 MLJ 257 (Mad) Hawa Ummal versus Mohammed Yousuff (deceased) and Others Civil Procedure Code (5 of 1908), Order 23 Rule 3 Partition suit Preliminary decree passed Application for passing of final decree Compromise Memo filed Final decree passed in terms of the Compromise Memo Compromise decree challenged by the plaintiff on the ground that consent was not given Application rejected Order challenged in r...

11-Dec-2006 Quick Review

(2007) 1 MLJ 244 (Mad) Devanayagi Animal and Others versus Manicka Konar and Another Civil Procedure Code (5 of 1908), Section 10 Stay of suit Application, filed by revision petitioners/defendants Contention that present suit filed by respondents even after knowing fully well about pendency of second appeal, filed by revision petitioners Stay of suit, sought for till disposal of second appeal Nature of prayer and cause of...

28-Jun-2006 Quick Review

(2007) 1 MLJ 216 (Mad) P. Rajendran versus S. Ammaniammal and Another (A) Civil Procedure Code (5 of 1908), Order 39 Rules 1 and 2 Recovery of Debts due to Banks and Financial Institutions Act (51 of 1993) Ad interim injunction Grant of Right of transferee from auction-purchaser Suit property originally purchased in the auction sale conducted in pursuance of proceedings before the Debts Recovery Tribunal ...

13-Dec-2006 Quick Review

(2007) 1 MLJ 171 (SC) Vidyodaya Trust and Others versus R. Mohan Prasad and Others (A) Civil Procedure Code (5 of 1908), Section 115 Revision Effect of amendment Requirement of proviso Section 115 was amended on the basis of the recommendations made by Malimath Committee Committee did not favour denuding the High Court of the power of revision, but strongly felt that the powers should be curtailed A new proviso was ...

25-Aug-2006 Quick Review

(2007) 1 MLJ 135 (Mad) S.A.Mohammed Sheriff and Others versus CD. Meyyappan Civil Procedure Code (5 of 1908), Order 1, Rules 8 and 9 Suit for injunction by one co-owner against trespasser Other co-owners not impleaded Plaintiff not disputing the rights of other co-owners Leave of Court under Order 1, Rule 8 not necessary Case is governed by Order 1, Rule 9 and not by Order 1, Rule 8 The suit is maintainable.

22-Nov-2006 Quick Review

(2007) 1 MLJ 115 (Mad) Kangayam Taluk, Vellakovil Village, Uppupalayam, Public rep. by CD. Dhandapani and Others versus Kangayam Taluk, Vellakovil Village, Uppupalayam Mudaliar Community Weavers, rep. by M. Rangasami and Others Civil Procedure Code (5 of 1908), Order 1, Rules 8, 8-A and 13 Civil Rules of Practice, Rule 13 27-Oct-2006 Suit for permanent injunction and mandatory injunction filed in representative capacity on behalf of Mudaliar Community of Uppupalayam Applications by third parties to implead themselves and to Quick Review defend the suit in representative capacity, dismissed ...

(2007) 1 MLJ 112 (Mad) A. Babjan versus Director, Central Research Institute for Siddha, Chennai, Camp Office at Mettur Dam, Mettur Taluk, Salem District Civil Procedure Code (5 of 1908), Order 14 Rule 2 Preliminary issue Question whether the Civil 4-Dec-2006 Court has jurisdiction to decide the suit in view of Section 15 of the Tamil Nadu Public Premises (Unauthorised Occupants) Eviction Act, 1975 and Section 14 of the Tamil Nadu Land Encroachment Act, Quick Review 1905, sought to be raised as a preliminary issue Tr...

(2007) 1 MLJ 80 (Mad) Shri Rajasthani Jain Samaj Educational Trust, rep. by its Managing Trustee, Chennai versus Subramanian and Others Civil Procedure Code (5 of 1908), Order 21 Rules 97, 99, 100, 101 and 102 Revision against 7-Nov-2006 dismissal of an order refusing to record the petitioner/third party as an obstructor Petitioner is admittedly a transferee pendente lite It is not entitled to claim relief under Rules 99 to 101 of Order Quick Review 21 C.P.C. Judgment-debtors are bound by the e...

(2007) 1 MLJ 77 (Mad) Village Connection, rep. by its Partner, R.K. Soundhar Rajan and Another versus Prakash Transport, Chennai (A) Carriers Act (3 of 1865), Section 10 Suit against a common carrier Issuance of notice Suits 29-Sep-2006 had not been filed for loss or injury to the goods But they were filed in view of the fact that the consignments were delivered to the consignee, in breach of the contract, without payment of the amount Quick Review to the consignees Bank Suits are not lia...

(2007) 1 MLJ 72 (Mad) Ramakrishnan versus Mayilsamy and Others Civil Procedure Code (5 of 1908), Section 9 Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act (30 of 1963), Sections 43 and 46 Suit for declaration and permanent injunction restraining cancellation of Patta granted under the UDR Scheme Maintainability of Provisions relating to abolition and vesting of property, do not have...

1-Nov-2006 Quick Review

(2007) 1 MLJ 65 (Mad) Oriental Insurance Company Ltd., Chennai versus Dhanabackiam, W/o. Kuppan and Others 29-Sep-2006 Quick Review

(2007) 1 MLJ 60 (Mad)

Ramamurthy versus M. Rani Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960) Civil Procedure Code (5 of 1908), Order 26 Rule 9 Report of the Advocate Commissioner Memo seeking to mark the advocate Commissioners report as a Court document, since the Advocate Commissioner left her office Memo allowed Order challenged in Revision Report submitted by th...

10-Oct-2006 Quick Review

(2007) 1 MLJ 41 (SC) M. Gurudas and Others versus Rasaranjan and Others (A) Civil Procedure Code (5 of 1908), Order 39, Rules 1 and 2 Partition suit Grant of interim injunction Relevant factors Order should be passed having regard to prima facie case, balance of convenience and irreparable injury Conduct of the parties is also relevant Courts below, not going into relevant facts and misdirecting themselves...

13-Sep-2006 Quick Review

(2006) 4 MLJ 1893 (Mad) G.Sumathi versus Arumugham and Another Civil Procedure Code (5 of 1908), Section 64 Attachment of property Petition to raise attachment and sale of property Collusion between judgment-debtor and purchaser Sale deed executed to defeat the rights of creditor Alleged agreement not registered No right accrued to purchaser No reason to interfere with judgment and decree of Prin...

25-Oct-2006 Quick Review

(2006) 4 MLJ 1842 (SC) Hameed (D) by Lrs. and Others versus Kummottummal Kunhi P.P. Amma (D) by Lrs. and Others Civil Procedure Code (V of 1908), O. 41, Rule 23 and 23-A Appellate Court Remand Scope of powers Questions of law, facts, circumstances To be indicatedMere order of remand Not sustainable.

18-Jul-2006 Quick Review

(2006) 4 MLJ 1828 (SC) B.S.N.L. and Others versus Subash Chandra Kanchan and Another (A) Arbitration and Conciliation Act (26 of 1996), Sections 11, 11(6) Civil Procedure Code (V of 1908), Sec. 151 Arbitration clause in agreement Providing for Chief Engineer of appellantCorporation or Administrative Head of Post/Telecommunications Dept., or nominee of Chief Engineer to be appointed Arbitrator Upon disputes arising, notice ...

13-Sep-2006 Quick Review

(2006) 4 MLJ 1769 (Mad) Chanda Softy Ice Cream, rep. by its Partner, Chennai and Others versus MARS Incorporated and Another Civil Procedure Code (5 of 1908), Order 39, Rules 1 and 2 Action for passing off and infringement of 8-Sep-2006 Trade Marks Galaxy and Milky way Ad interim injunction granted Order challenged in original side appeal Issues raised in the suit cannot be decided at the stage of interim applications Question Quick Review of balance of convenience as well as the ...

(2006) 4 MLJ 1721 (SC) Rangnath Haridas versus Dr. Shrikant B. Hegde Civil Procedure Code (V of 1908), O. 23, Rule 3 Comprise decree Binding nature of Respondent en-tering into an agreement with appellant for the purchase of a flatAppellant not performing his part of the contract Respondent filing a suit seeking specific performance of the agreementDuring pendency of the suit, parties settling the dispute ou...

22-Aug-2006 Quick Review

(2006) 4 MLJ 1714 (SC) Firdous Omer (D) by Lrs. and Others versus Bankim Chandra Daw (D) by Lrs. and Others (A) Civil Procedure Code (5 of 1908), Order 9, Rules 8 and 9 Petition for restoration of suit dismissed for default of appearance of the plaintiff- one of the plaintiffs dying during pendency of the application His legal representatives not brought on record Consequently the dismissal of the suit for default becoming final as against him In...

28-Jul-2006 Quick Review

(2006) 4 MLJ 1688 (SC) Tea Auction Ltd. versus Grace Hill Tea Industry and Another Civil Procedure Code (V of 1908), O. 9, Rule 13 Scope and Applicability Money suit Ex-parte decree for Rs. 37,26,428/-with interest, passed against defendant Application for recall of said ex-

13-Sep-2006

parte decree Single Judge directing recall of ex-parte decree on condition defendant furnish security of Rs. 37 lakhs as bank guarantee/cash Divis...

Quick Review

(2006) 4 MLJ 1666 (Mad) Saluka Beevi and Others versus Rajamani Ammal Civil Procedure Code (5 of 1908), Order 6 Rule 17 Suit for permanent injunction Amendment of plaint Prayer for recovery of possession sought for Application ordered by trial Court Order challenged in revision Trial has not commenced Proposed amendment would not prejudice the defendants, since the burden of proof lies on the plaintiff ...

11-Aug-2006 Quick Review

(2006) 4 MLJ 1641 (Mad) Durairaj, Proprietor, SPM Poultry Farm and Another versus S.K.M. Animal Feeds and Foods India Ltd., Erode, rep. by its Managing Director, S.K.S. Maeilanandhan (A) Civil Procedure Code (5 of 1908), Section 24 Transfer of two suits Petitions for Transfer 10-Nov-2006 petitions filed on the ground that the Presiding Officer had put certain questions to the witness and that he had enter-tained a witness in his Chamber Presiding Officer is empowered to put questions to the Quick Review witness for clarifi-cation Allegation t...

(2006) 4 MLJ 1623 (Mad) Vijaya Agencies, rep, by its Branch Manager, Chennai versus Dev Fastners Ltd., Chennai Civil Procedure Code (5 of 1908), Order 1 Rule 10 Substitution of the word partner in the place of Branch Manager Permissibility Substitution sought for after examination of P.W. 1 Though the defendant would be put to inconvenience, the application for substitution cannot be dismissed No change in the nature of the suit, due to the su...

28-Sep-2006 Quick Review

(2006) 4 MLJ 1435 (Mad) R. Dhanasundari @ R. Rajeswari versus A.N. Umakanth and Others Civil Procedure Code (5 of 1908), Order 23 Rule 1-A Transposition of parties When can a defendant be transposed as a plaintiff Only if a defendant has a substantial question to be decided as against the other defendants, can he seek for being transposed as a plaintiff If the plaintiffs contested the suit and succeeded, such success would ha...

12-Oct-2006 Quick Review

(2006) 4 MLJ 1249 (SC) Rajasthan SRTC and Others versus Ramdhara Indoliya Industrial Disputes Act (14 of 1947), Sections 2(k), 2(s) and 10 Civil Procedure Code (5 of 1908), Section 9 Industrial Dispute Exclusion of jurisdiction of Civil Court Respondent, daily wages employee, re-moved from service by his employer Respondent filing suit for the reinstatement Decreed by Lower Courts Respondent being a worker ...

11-Jul-2006 Quick Review

(2006) 4 MLJ 1201 (Mad) P.K.P.M. Khader Meera versus Hameeda Bivi and Others Civil Procedure Code (V of 1908), O. 6, Rule 17 Section 151 Application for amendment of plaint, to rectify wrong description of property, dismissed as barred by limitation Proposed amendment not intro-ducing any new cause of action No new relief sought for in said amendmentQuestion of limitation, hence, does not arise Amendment must be a...

8-Sep-2006 Quick Review

(2006) 4 MLJ 1188 (Mad) Sundara Thevar and Others versus Gurusamy Thevar and Others Civil Procedure Code (V of 1908), O. 1, Rule 10, O. 6, Rule 7 Application by revision petitioners/defendants to implead them in the suit for declaration as representatives of Thoppur Village Suit de-creed Appeal by defendants I.A. after delay, by defendants appellants to amend the appeal short cause title to describe them as for themselves...

11-Jul-2006 Quick Review

(2006) 4 MLJ 1153 (Mad) B. Sasikala versus M. Venugopal Chettiar and Another Civil Procedure Code (V of 1908), Sec.152, O. 6 Rule 17 Amendment of Preliminary decree, after passing of final decree Permissibility of Court office committed an error while drafting the preliminary decree, by not incorporating the interest portion Section 152 empowers the Court to rectify any clerical or arith-metical errors or accidental...

29-Aug-2006 Quick Review

(2006) 4 MLJ 1061 (Mad) K. Kasturi and Others versus C. Mohan and Others Civil Procedure Code (5 of 1908), Order 7 Rule 14, Order 13 Rules 1 and 2 Additional documents Pro-duction of Revision against an order permitting the plaintiff to produce additional documents, before the commencement of trial Deletion of the provision, enabling production of documents at any subsequent stage of the proceedings under Order ...

15-Sep-2006 Quick Review

(2006) 4 MLJ 1059 (Mad) Kirit Kumar Pathak, rep. by his Power Agent, Mr. Kuntal Virat Desai, Orchard House, Victoria Road, Heatorn, Bolton, BL-15 AS England, In re. Civil Procedure Code (5 of 1908), Section 78, Order 26 Rules 19 and 20 Commission for examination 11-Sep-2006 of witness Issue of Commission by foreign Court Application to issue Commission for examination of a witness in Chennai, as per the letter of request issued by Royal Courts of Justice, Strand, London Quick Review At the instance of Courts of any State or co...

(2006) 4 MLJ 1016 (Mad) S.A. Viswanathan (died) and Another versus R. Krishnan and Another (A) Civil Procedure Code (5 of 1908), Section 11 Res judicata Common judgment against a party No appeal preferred against the decree in one suit Aggrieved party is bound by the decree, which is not ap-pealed against Finding in that suit, had reached finality Second appeals in the connected matters, are barred by res judicata.

24-Jul-2006 Quick Review

(2006) 4 MLJ 939 (SC) Defiance Knitting Industries Pvt. Ltd. versus Jay Arts Civil Procedure Code (V of 1908), O. 37, Rule 2 Summary suit Suit claim for Rs. 98,81,426/ Trial Court rejecting application for leave to defend High Courts order, directing defendant to deposit Rs. 20 lakhs with trial Court to establish his bona fides and for leave to defend, to be heard on merits Trial Court of the view, defendants de...

30-Aug-2006 Quick Review

(2006) 4 MLJ 929 (Mad) Jothi Anand versus Amirtha Raj Civil Procedure Code (5 of 1908), Sections 148 and 151 Extension of time Power of Court Whether Court becomes functus officio, after dismissal of the application, for failure to comply with the conditional order Even after dismissal of the application, the Court does not become functus officio Court has the power to extend the time Law ...

31-Jul-2006 Quick Review

(2006) 4 MLJ 924 (Mad) Siddha Construction (P) Ltd., rep. by its Power Agent Anjay Sharma, Chennai versus M. Shanmugam and Others Civil Procedure Code (5 of 1908), Order 7 Rule 11 Tamil Nadu Court-fees and Suits Valuation Act 10-Aug-2006 (14 of 1955), Sections 25(d) and 40(1) Suit for Declaration that the impugned sale deed is null and void Plain-tiffs not parties to the sale deed Court- fee paid as per Section 25(d) of the Tamil Nadu Quick Review Act 14 of 1955 Since the plaintiffs are not...

(2006) 4 MLJ 919 (Mad) Murugesan versus Alamelu Ammal and Others Civil Procedure Code (5 of 1908), Order 23 Rule 1 Suit for declaration and permanent injunction, partly decreed Appeal by the plaintiff Withdrawal of suit with liberty to file a fresh suit sought before the ap-pellate Court, on the ground that there is a flaw in the description of property Permission refused Revi-sion against that order ...

13-Sep-2006 Quick Review

(2006) 4 MLJ 914 (Mad) Bank of India, rep. by its Chief Manager, Kurichi Industrial Estate Branch, Coimbatore versus Manickam @ Sellakumarasamy and Another Civil Procedure Code (5 of 1908), Order 7 Rule 11 Securitisation and Reconstruction of Financial 12-Sep-2006 Assets and Enforcement of Security Interest Act (54 of 2002), Sections 2 and 34 Suits against Bank, challenging action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Quick Review Security Interest Act Bank seeking rejection ...

(2006) 4 MLJ 912 (Mad)

R. Arjunan versus Arunachala Gounder and Others Civil Procedure Code (5 of 1908), Order 3 Rules 1 and 2 Decree for declaration and injunction, disobeyed by the defendant Application for arrest and detention of the defendant Defendant seeking permission to be represented by her power agent Permission not granted by the Executing Court Order challenged in revision An order of injunctio...

22-Sep-2006 Quick Review

(2006) 4 MLJ 898 (Mad) C. Manoharan versus C.V.Subramaniam and Others (A) Civil Procedure Code (V of 1908), O. 22 Rule 10-A Death of a party Effect of In an appeal by the defendant, one of the two plaintiffs, died during the pendency of appeal But such fact was not brought to the notice of the Court Judgment was delivered by the appellate Court The legal representative of the deceased plaintiff, is bound ...

12-Sep-2006 Quick Review

(2006) 4 MLJ 892 (Mad) Anantha Agencies, rep. by its Manager J.Kamalakannan, Chennai versus Bharat Petroleum Corporation Ltd., rep. by its Managing Director, Mumbai and Another Civil Procedure Code (5 of 1908), Sections 2(2), 115 and 151 Dismissal of suit as infructuous 17-Apr-2006 Revision against Maintainability Suit filed by the petitioners (Agency) against Bharath Petroleum Corporation for a declaration that the suspension of their agency for a period of thirty days was illegal Quick Review Respondent fil-ing a petition under Sectio...

(2006) 4 MLJ 870 (Mad) Indian Bank versus ABS Marine Products Pvt. Ltd. (A) Recovery of Debts Due to Banks and Financial Institutions Act (51 of 1993), Section 19 Bank filed an application before Debts Recovery Tribunal against borrower for recovery of debt Borrower filed suit against the Bank before Civil Court for recovery of damages for non-disbursal of loans Bank filed petition before High Court to transfer t...

18-Apr-2006 Quick Review

(2006) 4 MLJ 820 (Mad) Pinna Thevar versus M.S. Maniain and Another (A) Civil Procedure Code (5 of 1908), Section 64 Attachment rendering private transfer, void Applica-ble only to transfers after attachment. 1-Aug-2006 Quick Review

(2006) 4 MLJ 733 (Mad) N. Srinivasa Chettiar versus Jagannathababu and Others Civil Procedure Code (V of 1908), Section 146 and O. 21 Rule 32 Proceedings by or against representatives Decree in suit for permanent injunction Appeal by legal representatives dismissed Purchasers of property from such legal representatives Execution for contempt of Court for disobedience of injunction Maintainable But not against p...

1-Aug-2006 Quick Review

(2006) 4 MLJ 706 (Mad) Karuppannan versus Thavasiappan and Another Civil Procedure Code (5 of 1908), Order 7 Rule 14(3) Stamp Act (2 of 1899), Section 35 Registration Act (16 of 1908), Sections 17 and 49 Suit for partition Objection regarding marking of insufficiently stamped and unregistered release deed, as an additional document Trial Court refusing to mark the re-lease deed Revision against that or...

2-Aug-2006 Quick Review

(2006) 4 MLJ 698 (Mad) Numeric Power Systems Limited, Chennai, rep. by its Managing Director versus Mohammed Muzaffar, Chennai and Others (A) Contract Act (9 of 1872), Section 27 Civil Procedure Code (5 of 1908), Order 39 Rules 1 and 2 2-Aug-2006 Negative covenant, Enforcement of Interim injunction sought for against the employees, who resigned their jobs in violation of the service contract and appointment order The negative covenant Quick Review is enforceable during the existence of contract ...

(2006) 4 MLJ 694 (Mad) Dr. M.S. Gayathri versus Dr. S. Natarajan Civil Procedure Code (5 of 1908), Section 24 Hindu Marriage Act (25 of 1955), Sections 19(iii)(a)

31-Aug-2006

and 21-A Transfer of matrimonial cases Guidelines for Wife seeking transfer of petition for divorce filed by the husband, from Chennai to Pondicherry To be tried along with the petitions for restitution of conjugal rights and maintenance, fil...

Quick Review

(2006) 4 MLJ 687 (Mad) Financial Software and Systems Pvt. Ltd., rep. by its Head-Recruitment and Administration, R. Nandakumar, Chennai versus Flextronics Software Systems Ltd., Haryana (A) Civil Procedure Code (5 of 1908), Order 7 Rule 11 Action for passing off Application seeking 29-Aug-2006 rejection of plaint Contention that the Court has no jurisdiction in view of the fact that no part of cause of action arose within, if Access to the domain name website, could be had from anywhere In Quick Review such matters, jurisdiction cannot be confin...

(2006) 4 MLJ 680 (Mad) V. Selladurai, S/o. Veerappan versus N. Nethaji, S/o. Natesan and Another (A) Civil Procedure Code (5 of 1908), Section 19 Letters Patent, 1865, Clause 12 Suit for damages filed on the allegation that a defamatory notice was published in a Tamil daily Suit filed before the High Court, dismissed for want of territorial jurisdiction Publication was made at Trichy alone and first defendant was a resident of Pudukott...

5-Sep-2006 Quick Review

(2006) 4 MLJ 665 (Mad) Chinnayyan Nadar and Another versus Selvi and Others Civil Procedure Code (V of 1908), O. 39, Rule 1 Interim mandatory injunction When can be granted Can be granted only in exceptional cases Suit for declaration of suit property as pathway and for manda-tory injunction for removal of wall causing obstruction Trial Court granting interim injunction to plaintiff Defendant obtaining ex parte...

10-Jul-2006 Quick Review

(2006) 4 MLJ 626 (Mad) T.K. Krishnamurthy versus Tamil Nadu Water and Drainage Board, rep. by its Senior Engineer, RWS Division, Ootacamund and Another Civil Procedure Code (V of 1908), O. 26, Rule 9 Suit for injunction Appointment of Commissioner 28-Jul-2006 Cannot be appointed to gather evidence for the parties It is for the parties to prove their case Report of the Commissioner can only aid the Court in evaluating the evidence. Quick Review

(2006) 4 MLJ 624 (SC) Vivek Financial Services and Another versus Coimbatore Stock Exchange Limited Civil Procedure Code (V of 1908), O. 44, Rule 3 & O. 33 Appeal Application by appellant seeking leave Appeal as an indigent person Fair opportunity to be afforded to appellant. 6-Mar-2006 Quick Review

(2006) 4 MLJ 593 (Mad) S. Krishnan versus Rathinavel Naicker and Others (A) Civil Procedure Code (V of 1908), O. 1, Rule 10(2) Necessary or proper party When a party can implead another in a pending suit or proceeding Guidelines Application by plaintiff to implead respon-dents 5 to 23 in the first appeal Said respondents had no occasion to participate in proceedings before trial Court Trial Court already de...

29-Aug-2006 Quick Review

(2006) 4 MLJ 558 (Mad) Tamil Nadu Housing Board Phase-5, Residents Welfare Association, Sathuvachari, Vellore, Society No. 185/02, rep. by its President K. Umasankar versus Land Acquisition Officer & Revenue Divisional Officer, Collectorate, Vellore and Others Land Acquisition Act (1 of 1894), Sections 3(b) and 18 Civil Procedure Code (5 of 1908), Order 1 11-Aug-2006 Rule 10 Person interested Reference proceedings Land acquired for Housing Board for housing schemes Sale of plot to allottees Landowners seeking reference for enhancement of compensation Quick Review Association of allottees Persons liable to pay the...

(2006) 4 MLJ 419 (Mad) Kaleeswara Mills Limited, Coimbatore versus Lakshmi Steels, rep. by its Partner, R. Rajasekaran, Coimbatore and Another (A) Limitation Act (36 of 1963), Article 54 Tender sale Time, whether essence of the contract 23-May-2006

Clauses in the agreement show that the parties intended to make time as the essence of the contract Statement of law applicable to private/regular contract of sale, is not applicable to a tender sale Time is the essence of the contract Plaintif...

Quick Review

(2006) 4 MLJ 392 (Mad) Andhra Bank Financial Services Ltd., rep. by its Managing Director, Hyderabad versus Tamil Nadu Newsprint and Paper Ltd., rep. by its Managing Director, Chennai (B) Interest Act (14 of 1978), Sections 2(b), 3(1) Power of Court to allow pre-decree interest It 20-Apr-2006 conies within the discretion of Court Such discretion cannot be arbitrary The rate of interest allowable by the Court is to some extent discretionary but such rate should not exceed the current rate Quick Review of interest Current rate means Highest of...

(2006) 4 MLJ 380 (Mad) Gnanaraj versus Bakyalakshmi and Another Civil Procedure Code (V of 1908), O. 26, Rule 10(2) and Order 16, Rule 14 Evidence Act (1 of 1872), Sec-tion 154 Examination of Commissioner in Court Court allowing the application by the defendant to examine the commissioner in Court Directing examination of the Commissioner as defendants witness Declining to treat him as a witness of t...

3-Apr-2006 Quick Review

(2006) 4 MLJ 342 (Mad) D.V.DMonte, Chennai versus N. Venkatesh, Chennai and Others (A) Partnership Act (IX of 1932), Section 69 Partnership Effect of non-registration Suit for specific performance filed by unregistered partnership firm Partnership does not contain any clause that it will continue, notwithstanding the death of any partner In the absence of such provision, natural consequence envisaged in the statutory pr...

28-Jul-2006 Quick Review

(2006) 4 MLJ 246 (Mad) Sri Maruthi Marine Industries Ltd., rep. by its Manager, Sudarsan, Thiruporur versus Munusamy s/o.Mega Naicker and Others Civil Procedure Code (5 of 1908), Order 39, Rules 1 and 2 Interim injunction Petitioner company 10-Jul-2006 manufacturing salt in land leased to it by Government Had permission from Government to draw seawater flowing through Buckingham Canal which runs adjacent to the suit property The respondents Quick Review with-out getting permission from the Government tryin...

(2006) 4 MLJ 221 (Mad) Shree Krishna Ginning Factory, a regd. partnership firm, rep. by Ms. S. Meenakshi versus Andhra Bank and Others Civil Procedure Code (5 of 1908), Section 21 Territorial jurisdiction Objection as to in second 27-Jan-2006 appeal Plaintiff filing a suit to set aside an auction sale Contending before lower Courts that the Court has terri-torial jurisdiction to try the case Allowing the trial Court to try the case on merits Quick Review Cannot, in second appeal, contend that ...

(2006) 4 MLJ 190 (Mad) Hazrath Imam Hussain Wakf, rep. by its Muthavalli Mr.Aga Zulfikar Ali @ Afzal Aga, Chennai versus Nayeema Adib Civil Procedure Code (5 of 1908) Order 21, Rules 35 and 22 Decree for delivery of possession of 17-Apr-2006 immovable property passed Decree-holder applying for execution of decree within two years Decree-holder is entitled to delivery of property by order of Court without notice to judgment-debtor. Quick Review

(2006) 4 MLJ 126 (Mad) Sri Ambals Colours, rep. by its Managing Director R. Parameswaran versus Sakthi Marketing Associates, rep. by its Partner and Others Civil Procedure Code (V of 1908), O. 8, Rule 9 Additional written statement Filing of 25-Aug-2006 Application seeking permission to file additional written statement, allowed Order challenged in revision Suit is for specific performance Plaintiff firm has produced a document, witnessing that Quick Review the suit property belongs to the individual Defendant i...

(2006) 4 MLJ 119 (Mad) N. Veerappan versus Dr. M. Kandasamy and Others Civil Procedure Code (V of 1908), O. 23 Rule 1(3) Scope Withdrawal of suit Permission to withdraw suit and to file fresh suit on same cause of action When can be granted Suit failing on a

21-Jul-2006

formal defect or for sufficient reasons Sufficient grounds, wider than formal defects Fixation of correct value of suit properties Consequential c...

Quick Review

(2006) 4 MLJ 79 (Mad) C.S. Navamani versus C.K. Sivasubramanian Civil Procedure Code (V of 1908), O. 32 Rule 15 Person of unsound mind Adjudication of When there is an allegation of unsound mind or mental infirmity, it is the duty of the Court to examine the individual Court can seek the assistance of a medical expert There has to be adequate materials to come to a conclusion, that a person has to be ...

30-Aug-2006 Quick Review

(2006) 4 MLJ 77 (Mad) Ramachandran, Chinna Anaicut Village, Vellore District versus Chinnaraj Chettiyar, rep. by his Wife and Guardian P. Saradha, Peria Oonai Village, Vellore District Civil Procedure Code (V of 1908), O. 32, Rule 15 Mental Health Act (XIV of 1987), Sections 52, 53 4-Aug-2006 and 54 Appointment of guardian Empowered authority Revision against order appointing wife of the defendant, as next friend to defend the suit Principal District Judge is the competent authority Quick Review for appointing guardian for persons, declared of...

(2006) 4 MLJ 45 (Mad) Usha @ Ramalakshmi and Another versus P. Shanmugam (A) Civil Procedure Code (5 of 1908), Section 24 Hindu Marriage Act (25 of 1955), Section 19 Matrimo-nial proceedings Transfer of Marriage took place at Tirunelveli Last place of residence at Coimba-tore Husband filing petition for divorce and wife filing maintenance case Both proceedings initiated at Coimbatore Wife seeking transfe...

30-Aug-2006 Quick Review

(2006) 3 MLJ 1114 (Mad) Sports Development Authority of Tamil Nadu, Chennai versus Tarapore & Co., Chennai (A) Interest Act (14 of 1978), Sections 3 and 4 Civil Procedure Code (5 of 1908), Section 34 Interest Payment of Power of Court to allow interest Where there is any agreement under which interest is payable as of right, the other provisions contained in Section 3 would not be applicable Payment of interest and rate of interest would be ...

28-Jun-2006 Quick Review

(2006) 3 MLJ 1055 (Mad) Hazrath Imam Hussain Wakf, rep. by its Muthavalli, Aga Zulfikar Ali @ Afzal Aga, Chennai versus Nayeema Adib Civil Procedure Code (5 of 1908), Order 21, Rules 54(1) and 54(1A) Petitioner getting a decree for 12-Apr-2006 possession of immovable property Filing Execution Petition Pending Execution Petition, filing petition under Order 21, Rule 54(1) for attachment of the property of judgment-debtor It is Quick Review mandatory for the Court to attach the property Directio...

(2006) 3 MLJ 910 (Mad) N. Balasubramaniam versus V. Narayanan Civil Procedure Code (V of 1908), O. 21 Rule 34 Execution of decree Order of the Executing Court directing the decree-holder to file non-judicial stamp papers on the basis of the guideline value as on the date of sale agreement, challenged in revision In the case of instrument of conveyance executed pursuant to the decree for specific perfo...

19-Jul-2006 Quick Review

(2006) 3 MLJ 795 (Mad) Arputham Cine Release, rep. by its Proprietor, Tmt. Usha, Pondicherry versus Raja Theatre, rep. by its Proprietor K.R. Kannan, Kusba Kallakurichi Civil Procedure Code (V of 1908), O. 14 Rule 2(2)(a) Contract for the release and exhibition of the 22-Jun-2006 Tamil Movie Aalavandhaan Contract signed at Pondicherry, for the film to be screened at Kallakurichi Parties agreeing to submit to the jurisdiction of Courts at Chennai, in case of dispute Quick Review Suit filed before Sub-Court at Kallakurichi for rec...

(2006) 3 MLJ 779 (Mad) S. Sridhar and Another versus Kannupaiyan and Another Motor Vehicles Act (59 of 1988) Section 166 Civil Procedure Code (V of 1908), O. 41, Rule 33 Motor Accident Death of injured -Claim for compensation by parents Deceased alleged to be a Coolie earning Rs.5,000/- per month Tribunal assessing the income of the deceased as Rs. 4,500/- per month and award passed Appeal against the award De...

19-Jun-2006 Quick Review

(2006) 3 MLJ 777 (Mad) Dharman versus Chinnathambi Civil Procedure Code (5 of 1908), Section 60(1)(c) Execution Attachment of house of judgmentdebtor Owning and occupying house for storage of agricultural implements Exemption from attachment Statutory presumption Burden on decree-holder to disprove claim.

5-Aug-2005 Quick Review

(2006) 3 MLJ 759 (Mad) K. Vijayan versus K.G. Kuppusamy and Others Civil Procedure Code (5 of 1908), Order 21 Rules 38 and 40, and Section 51(c) Decree for payment of money, put in execution Executing Court ordering arrest of judgment- debtor Revision against that order Decree-holder should produce evidence as to the means of judgment-debtor Opportunity should be given to the judgment-debtor to show caus...

10-Jul-2006 Quick Review

(2006) 3 MLJ 735 (Mad) Krishnaveni and Others versus Jeyaraman Civil Procedure Code (V of 1908), O. 6 Rule 17 Plaint Amendment to Suit on promissory note Error in naming executants of promissory note, sought to be amended Whether the amendment can be allowed Material facts have been set out in the plaint Mistake in naming the co-executants must be permitted to be rectified, since the nature of ...

2-Feb-2005 Quick Review

(2006) 3 MLJ 728 (Mad) E.M.K. Rajammal and Others versus Oriental Insurance Company Limited, Salem and Another Civil Procedure Code (V of 1908), O. 1 Rule 10 Motor Vehicles Act (LIX of 1988) Secs. 147 and 166 Motor accident Claim for compensation against owner of lorry and insurer Owner of lorry ex parte Award passed by Tribunal On appeal by insurer, matter remitted to the Tribunal for fresh evidence Owner of lorry died prior to initiation of ...

11-Apr-2005 Quick Review

(2006) 3 MLJ 644 (Mad) Muthusamy versus K.Ganesan and Another Civil Procedure Code (V of 1908), O. 7 Rule 14 Suit for bare injunction Application to strike off the suit, on the ground that the plaintiff is not the owner of the property and he is not entitled to sue on behalf of his wife Plaintiff seeking leave to produce the settlement deed executed by his wife, after filing the suit Application seeki...

5-Jul-2006 Quick Review

(2006) 3 MLJ 625 (Mad) P. Rama Srinivasa Rao versus Dr. N.Ragavan Civil Procedure Code (V of 1908), O. 8, Rule 1 Evidence Act (1 of 1872), Section 62, Explanation 2 Photograph is primary evidence Admissible in evidence Marking a photograph It cannot be marked during the cross-examination of the opponent or his witnesses It can be marked only through the person who took the photograph or at the instanc...

5-Jul-2005 Quick Review

(2006) 3 MLJ 605 (Mad) Krishnakanthan and Another versus Esakki Ammal and Others Civil Procedure Code (V of 1908), O. 7 Rule 11 Non-payment of proper Court-fee Rejection of Plaint When can be ordered Relief of declaration of title, recovery of possession and mandatory injunction for removal of a temporary structure has been sought for in respect of a vacant land Application for rejection of plaint on the ground of non...

12-Apr-2006 Quick Review

(2006) 3 MLJ 593 (Mad) S. Rathinaswamy, S/o. Sivasubramania Pillai, Tiruvarur and Others versus S. Bhanumathi, W/o. Selvaraj, Tiruvarur and Others (A) Civil Procedure Code (V of 1908), O. 7, Rule 14(3) (as amended by Act 22 of 2002) Admission of 11-Aug-2005 documents after commencement of trial Court to receive the documents in genuine cases if good cause is shown The village plan and the survey plan are public documents whose authenticity cannot Quick Review be doubted The plaintiff had stated that they were...

(2006) 3 MLJ 405 (Mad)

Indian Bank, represented by Regional Manager, Thirumangalam Branch, Chennai versus D.C. Mangalraj, Sole Proprietor, Chennai Civil Procedure Code (V of 1908), O. 9 Rule 13 Recovery of Debts Due to Banks and financial 24-Mar-2006 Institutions Act (51 of 1993), Sections 17 and 31 Ex parte preliminary decree passed in a money suit filed by the bank on the basis of mortgage deed Though suit claim was Rs. 4,11,389/- preliminary Quick Review decree passed for Rs. 34,04,875.23 Application filed...

(2006) 3 MLJ 360 (Mad) Chellammal versus Krishnaveni Animal (A) Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960), Section 10(3)(a)(i) Residential Premises Requirement on the ground of own use and occupation Landlady represented by Power of Attorney Power deed also containing a clause to sell the petition premises Such a clause enabling the Power of Attorney to sell the petition premi...

19-Jun-2006 Quick Review

(2006) 3 MLJ 258 (SC) Pushpa Devi Bhagat (Deceased) through Lr. Smt. Sadhna Rai versus Rajinder Singh and Others (A) Civil Procedure Code (V of 1908), Sec.96(3) Constitution of India, 1950, Article 136 Jurisdiction Consent decree Appeal against Not maintainable Question of jurisdiction of appellate Court Plea raised in appeal before Supreme Court Only pure of question of law and no fact or evidence involved Leave granted.

11-Jul-2006 Quick Review

(2006) 3 MLJ 233 (SC) Mohammed Masthan versus Society, Congregation of the Brothers of the Sacred Heart and Another Civil Procedure Code (5 of 1908), Order 21 Rule 35 Decree for immovable property Decree in proceedings not relating to the real, owner Execution for taking possession Possession held by owner under a consent decree Irregular delivery by bailiff No identification of property Held Delivery illegal.

10-Mar-2006 Quick Review

(2006) 3 MLJ 216 (Mad) Muthammal (died) and others versus State of Tamil Nadu and another Land tenures Grama Natham land Character of land Possession by plaintiffs for over 30 years Adverse possession No documentary evidence by Revenue to disprove possession Purchase by plaintiffs Old deed Proof Stamp papers in the name of somebody used Evidence of nonavailability of stamp in the village of plaintiffs Explanation ...

17-Mar-2006 Quick Review

(2006) 3 MLJ 196 (Mad) L.Jegannath and others versus Land Acquisition Officer and Revenue Divisional Officer, Palani and others Civil Procedure Code (V of 1908), O. 47, Rule 1 Power of review When can be exercised 3-Apr-2006 Review cannot be treated as an appeal in disguise Power can be exercised only to correct an error apparent on the face of the record Not to correct an erroneous decision An error which has to be Quick Review fished out and searched cannot be called an error apparen...

(2006) 3 MLJ 186 (Mad) Ganesh versus Sankaran and another Civil Procedure Code (5 of 1908), Section 51 and Order 21, Rules 37 to 40 Execution of money decree Judgment-creditor to decide whether he should execute the decree by the arrest of judgmentdebtor or by attachment and sale of judgment-debtors property Court cannot declare committal to prison on the ground that he should in the first instanc...

3-Apr-2006 Quick Review

(2006) 3 MLJ 182 (Mad) Sigrid Agarwal versus Anjappar Chettinad Restaurant, Chennai Civil Procedure Code (V of 1908), Sec.36, O. 21, Rule 32, O. 39, Rule 2-A Interim Injunction granted to plaintiff in a pending suit E.P. filed under Section 36 read with O. 21, Rule 32, CPC Lower Court rejecting the petition on the ground that he should resort to O. 39, Rule 2-A Held, the choice of seeking remedy under either one of these p...

27-Jan-2006 Quick Review

(2006) 3 MLJ 131 (SC) Mst. Sugani versus Rameshwar Das and Another (A) Specific Relief Act (47 of 1963), Section 16 Limitation Act (36 of 1963), Article 54 Agreement

25-Apr-2006

to sell Suit for specific performance No date fixed for performance Execution of agreement denied Plaintiff receiving notice of sale in favour of third parties in July 1978 Filing suit in January 1979 Not barred by limitation.

Quick Review

(2006) 3 MLJ 121 (SC) Hero Vinoth (Minor) versus Seshammal (A) Civil Procedure Code (5 of 1908), Section 100 Test for determination of Question of law and Substantial question of law Distinction Misconstruction of a document or wrong application of principle of law in construing a document, gives rise to a question of law A question of law, answer to which affects the rights of parties to the s...

8-May-2006 Quick Review

(2006) 3 MLJ 105 (SC) Bhogadi Kannababu and Others versus Vuggina Pydamma and Others (A) Andhra Pradesh (Andhra Area) Tenancy Act, 1956 Eviction petition Grounds of default in payment of rent and sub-letting Second wife and her children Second marriage during subsistence of first marriage Tenants let into possession by the second wife, after the death of first wife Payment of rents to the second wife Petition maintain...

12-May-2006 Quick Review

(2006) 3 MLJ 92 (Mad) Srinivasam Pillai versus Subramanian and another Hindu Minority and Guardianship Act (1956), Section 6(a) Minors Natural guardian Father Mother Father indifferent Mother looking after the affairs of minor Sale made by mother as guardian Validity Suit for declaration and possession by minors on attaining majority No plea to return the benefit No prayer to set aside the aliena...

16-May-2006 Quick Review

(2006) 3 MLJ 82 (Mad) Kothanramappa versus Thimmaiah and others Hindu Law Joint family property Manager Acquiring properties in the course of management If his self acquisitions Burden of proof on manager.[II] Hindu Law Joint family property Manager Self acquired properties blended with joint family properties All joint family properties.

4-Apr-2006 Quick Review

(2006) 3 MLJ 70 (SC) Rajesh Kumar Aggarwal and Others versus K.K. Modi and Others (A) Civil Procedure Code (V of 1908), O. 6 Rule 17 Amendment of the plaint When can be allowed Basic structure of plaint maintained Further relief asked for To determine the real issues arising in the suit Amendment to be allowed Truth or falsity of the claim made in the amendment Courts not to look into or decide Trust Benefici...

22-Mar-2006 Quick Review

(2006) 3 MLJ 61 (Mad) Premalatha Pappu Raja and others versus Shriram Transport Finance Limited represented by its Managing Director G.Rajarathnam, Chennai-600 001 and others Civil Procedure Code (5 of 1908), O. 38 Rule 6 Pending suit for recovery of money Borrowing on 28-Apr-2006 mortgage and hypothecation of machinery Advocate-Commissioner Report Old machinery not put to use, deterioration further, sale as scrap Order for sale by Commissioner, sustained Quick Review

(2006) 3 MLJ 57 (SC) Padma Ben Banushali and another versus Yogendra Rathore and others (A) Civil Procedure Code (5 of 1908), Section 47, Order 21, Rules 2 Interpretation of statutes Inconsistent or repayment provisions of an Act Should be construed harmoniously without rendering either of the Otiose No conflict between Section 47 and Rule 2 of Order 21 CPC The general powers under Section 47 should be exercised subject to t...

25-Apr-2006 Quick Review

(2006) 3 MLJ 51 (Mad) R. Kaliyamoorthy versus Tamil Nadu State Transport Corporation Kumbakonam Division-II Limited, represented by its Director, Trichy . Civil Procedure Code (5 of 1908), O.21 Rules 2(2A)(c) and (3) Payment under a decree Award in 16-Mar-2006 motor accident claim Execution petition Deposit of a lesser amount by respondent Receipt on deposit Endorsement on execution petition by decree holder, petition not pressed Admission of Quick Review payment Another execution petition to recover balanc...

(2006) 3 MLJ 46 (Mad) Kerala Transport Company versus National Insurance Company Limited and another I. Civil Procedure Code (5 of 1908), Section 20 Cause of action Jurisdiction No jurisdiction where no part of cause of action arose Agreement to confer jurisdiction in Courts lacking jurisdiction Not permissible.

4-Jan-2006 Quick Review

(2006) 3 MLJ 35 (Mad) Govindaraj versus Ponnammal and others I. Civil Procedure Code (5 of 1908), Section 21 and Tamil Nadu Court Fees and Suits Valuation Act, Section 54(1) Valuation of suit for purposes of jurisdiction To be raised at the earliest time Before settlement of issues No prejudice pleaded No interference by the Appellate Court.

8-Feb-2006 Quick Review

(2006) 3 MLJ 27 (Mad) R. Kalimuthu versus Management, Marlboro Engineering Works, Coimbatore Civil Procedure Code (5 of 1908), O. 9 Rule 9 Labour Court Claim petition filed by employee Absence of employer for examination after trial started Employer set ex parte Employer getting knowledge of the claim being allowed Applications to set aside ex parte order and application for condonation of delay Sufficient cause made out Ap...

3-Apr-2006 Quick Review

(2006) 3 MLJ 17 (SC) Haridas Das versus Smt. Usha Rani Banik and others Civil Procedure Code (5 of 1908), Sec. 114, Order 47, Rule 1 Review Grounds for Exercise of Mistake or error apparent on the face of the records or any other sufficient reason Appealable order Decision on a question of law reversed by subsequent decision of a superior Court in any other case Not a ground for review of judgment appea...

21-Mar-2006 Quick Review

(2006) 2 MLJ 816 (Mad) Tamil Nadu State Transport Corporation (Kumbakonam Division III) Ltd., through its Managing Director, Karaikudi Town versus Vasantha and others Civil Procedure Code (V of 1908), O. 41, Rule 33, Sec. 151, Motor Vehicles Act (59 of 1988), Schedule II 16-Mar-2006 to Sec. 163(A) Powers of appellate Court Enhancement of compensation No appeal or crossobjection by claimant filed Permissibility of If circumstances so warrant, nothing precludes an Quick Review appellate Court from granting a well deserved relie...

(2006) 2 MLJ 753 (Mad) Kandasamy versus Selvambal and others (A) Code of Civil Procedure Code (V of 1908), O. 33, Rule 1 Suit in forma Pauperis Transfer of Property Act, (Act 4 of 1882) Sec. 52 Doctrine of lis pendens Applicability Hindu Adoptions and Maintenance Act, (78 of 1956), Sec 18(2)-Suit by indigent person Hindu wife for maintenance Seeking to create charge on husbands immovable prope...

25-Apr-2006 Quick Review

(2006) 2 MLJ 729 (Mad) Gowri Ammal versus Murugan and others Civil Procedure Code, (1908), Secs.148 and 151 -Power of Court to entertain petition for extension of time, fixed in original conditional order and non-compliance thereof - Secs.148 and 151 to be read together and if so read, held Court has said power:

25-Apr-2006 Quick Review

(2006) 2 MLJ 709 (Mad) Nachammal versus Lavangammal Civil Procedure Code, (V of 1908), O. 1 Rule 10(2) Application by third party to be impleaded as party in suit Application made 21 years after suit was filed and at stage of passing final decree, suit being for one for partition Applicant being purchaser of Item 19 of suit property during pendency of suit was hit by his pendens (Sec 52 of Tra...

3-Apr-2006 Quick Review

(2006) 2 MLJ 581 (Mad) Manickam versus Sakunthala alias Rajeswari and others (A) Civil Procedure Code (V of 1908), Sec.100 Second appeal High Court Scope of powers

23-Jan-2006

under Finding of fact Finality Appreciation of evidence Finding of fact Another view possible Not to be made by the High Court. (B) Indian Succession Act (29 of 1925), Sec.63 Proof of execution of Will Onus on the propounder Suspicious...

Quick Review

(2006) 2 MLJ 528 (Mad) K. Rajamanickam (died) and another versus Periyar Self-Respect Propaganda Institution, Tiruchirapalli and others Civil Procedure Code (V of 1908), Sec.92 Scope and applicability Property vested with society 13-Apr-2006 and not with trust Periyar Self-Respect Propaganda Institution is not a trust Suit under Sec.92 against it Not maintainable. Quick Review

(2006) 2 MLJ 497 (Mad) M/s.Nilakantan and Brothers Construction Private Limited, Chennai versus Government of Tamil Nadu, represented by the Chief Engineer, M/s.National Highways Pamban Bridge Project, Chennai (A) Civil Procedure Code (V of 1908), Sec.114, O.47 Review Scope of No rehearing of the 31-Mar-2006 proceedings Nor Courts can act as appellate Court. (B) Arbitration Civil Procedure Code (V of 1908), Sec.114, O.47 Contract of construction Arbitration Award Machinery used in work Quick Review Seized by the State Claim for value of machinery Clai...

(2006) 2 MLJ 456 (Mad) R.RajagopalaliasR.R.GopalaliasNakkheeran Gopal, Chennai and another versus J.Jayalalitha and another (A) Letters Patent (Madras), Clause 15, Civil Procedure Code (V of 1908), O. 39, Rules 1, 3 and O. 43, 1-Feb-2006 Rule 1 Original side Suit for damages Ex parte order of interim injunction on application Not a judgment, no appeal under Letters Patent. (B) Letters Patent (Madras), Clause 15, Civil Procedure Quick Review Code (V of 1908), O. 39, Rule 3-A Ex pa...

(2006) 2 MLJ 456 (SC) N.K. Rajgarhia versus Mahavir Plantation Ltd. and others Civil Procedure Code (V of 1908), O. 23 Rule 4 Execution proceedings Settlement proceedings Legal Consent order of Court Interpretation Order to be read in its entirety. 16-Dec-2005 Quick Review

(2006) 2 MLJ 453 (Mad) S.Parthasarathy versus Durai alias Govindasamy and others (A) Civil Procedure Code (V of 1908), Sec.100 Suit for bare injunction by a person against his brothers and sister Relief of injunction declined by both the lower Courts Conclusion arrived on the basis of the materials before the Court No substantial question of law involved, in the second appeal.

10-Mar-2006 Quick Review

(2006) 2 MLJ 448 (SC) N. Khosla versus Rajalakshmi (dead) and others Civil Procedure Code (V of 1908), O. 22 Rule 4, Arbitration Act (10 of 1940), Sec. 14, Registration Act (1908), Sec. 17 Appeal Death of one of the respondents Application to bring on record legal representatives Dismissal Abatement If the entire appeal would abate Joint decree Joint and several or severable decree Family disputes...

6-Mar-2006 Quick Review

(2006) 2 MLJ 433 (SC) Jet Ply Wood Private Ltd. and another versus Madhukar Nowlakha and others Civil Procedure Code (V of 1908), O. 23 Rule 1, Sec. 151 Order for withdrawal of suit No prayer to file fresh suit on same cause of action Petition to recall order Ground of mistake Inherent powers Power under available.

28-Feb-2006 Quick Review

(2006) 2 MLJ 411 (Mad) M/s.Raptakos Brett and Company Private Limited, having its office at No.142, (Old No.66), Velachery Road, Guindy, Chennai 600 032, represented by Principal Officer versus M/s.Modi Business Centre Private Limited, represented by its Director having office at No.98/99, Luz Church Road, Mylapore, Chennai 600 004, Kaushal Kumar Civil Procedure Code (V of 1908), O.7, Rule 11(d) and O.2, Rule 2 Earlier suit for declaration and 10-Mar-2006 injunction Subsequent suit for specific performance Application to reject the plaint on the ground of bar under O.2, Rule 2 Cause of action in both the suits Clearly refer to the same document in Quick Review question The cause of action for filing the...

(2006) 2 MLJ 364 (SC) Philomina Jose versus Federal Bank Ltd. and others Civil Procedure Code (IV of 1908) O. 34 Rule 5 Right of mortgagor to redeem not taken away by passing of decree Application to redeem, held, maintainable until determination of proceedings to set aside sale under O. 34 in appeal or revision.

2-Feb-2006 Quick Review

(2006) 2 MLJ 362 (Mad) Dr.T.Vijayendradas and another versus M.Subramanian and others (A) Civil Procedure Code (V of 1908), Sec.115 Revisional power of the High Court When to be exercised Decision of the Lower Court is just High Court should not interfere to bring about injustice or encourage abuse of process of Court Cause of justice should be preferred to a technicality.

5-Apr-2006 Quick Review

(2006) 2 MLJ 312 (SC) Vidyawati Gupta and others .. versus Bhakti Hari Nayak and others Letters Patent (Calcutta), Original Side Rules (Calcutta) Civil Procedure Code (V of 1908, Sec.26, O. VI, O. VII, Amendment Act 46 of 1999) Plaint filed on the Original Side, Calcutta No affidavit verifying facts in plaint filed Subsequent filing of affidavit Plaint and subsequent proceedings not invalid and non est Filing of verifying ...

3-Feb-2006 Quick Review

(2006) 2 MLJ 289 (SC) Balakrishnan versus Malaiyandi Konar (A) Civil Procedure Code (V of 1908), O.21, Rule 64 Powers of executing Court Scope and limits Expression necessary to satisfy the decree Duty cast upon the Court to sell only such property or portion thereof as is necessary to satisfy the decree Sale held without examining this aspect and not in conformity with the mandatory requiremen...

17-Feb-2006 Quick Review

(2006) 2 MLJ 287 (SC) Madan Lal and another versus Bal Krishnan and others Civil Procedure Code (V of 1908), Sec.100 Second appeal Substantial question of law Formulation of Mandatory When High Court is satisfied that a second appeal involves substantial questions of law, it shall formulate it under Sec.100(4) Impugned judgment rendered without formulation of substantial question of law, is unsustainable Mat...

14-Dec-2005 Quick Review

(2006) 2 MLJ 272 (SC) Prabhakaran and others versus M.Azhagiri Pillai (Dead) by LRs. and others (A) Transfer of Property Act (IV of 1882), Secs.58(d) and 60 Limitation Act (1963), Sec.18 Usufructuary mortgage Suit for redemption, accounts, etc. Period of limitation Acknowledgement of liability What amounts to Of subsisting liability In writing Can be made by mortgagee also Need not be addressed to mortgagor Intention to ...

20-Mar-2006 Quick Review

(2006) 2 MLJ 206 (SC) Kishore Kumar Khaitan and another versus Praveen Kumar Singh (A) Civil Procedure Code (V of 1908), O.39, Rule 1 Interim Injunction Order directing status quo Need to specify what the status quo is. (B) Constitution of India (1950), Art.227 Jurisdiction to be exercised to correct errors of jurisdiction Wrong approach to appreciation of facts Still a matter susceptible to intervention.

13-Feb-2006 Quick Review

(2006) 2 MLJ 197 (SC) G.Mahalingappa versus G.M.Savitha (A) Benami Transaction (Prohibition) Act (XLV of 1988), Secs.2(a), 3(1), (2) and 4(2) Benami Transaction Prohibition of Whether Sec. 4(2) operates retrospectively Plea of Benami raised in suit filed long before coming into force of the Act Actis prospective in nature Defence under Sec.4(2) not available retrospectively.

9-Aug-2005 Quick Review

(2006) 2 MLJ 148 (Mad) Padayachi versus Seethalakshmi and others Civil Procedure Code (V of 1908), Sec.100 Scope and applicability Appellate Court cannot re-appraise and re-

evaluate the evidence. (2006) 2 MLJ 146 (Mad) R.Varadhan versus M.Harigopal Civil Procedure Code (V of 1908), O. 17, Evidence Act (I of 1872), Sec.92 Suit on a promissory note executed by three persons Leading evidence against the recitals in the promissory note Not permissible.

6-Mar-2006 Quick Review

(2006) 2 MLJ 83 (Mad) E.Sundarrajan . versus B.Kanchanamala Civil Procedure Code (V of 1908), Sec.115 and O.21, Rule 97, C.P.C. Eviction ordered on ground of wilful default Execution petition filed for delivery of possession Petitioner/third party obstructed delivery Respondent filed petition for removal of obstruction No jural relationship or privity of contract between the petitioner and respond...

9-Mar-2006 Quick Review

(2006) 2 MLJ 72 (Mad) M.Rangasamy versus R.C.Ramasamy and another Civil Procedure Code (V of 1908), Sec.47, O.21, Rule 95, O.41, Rule 1 Court auction purchaser filed E.P. for delivery of possession Judgment-debtor filed petition under Sec.47 Dismissed for nonprosecution Application under O.21, Rule 95 filed by auction purchaser for possession Petition allowed Appeal filed by judgment-debtor against t...

9-Mar-2006 Quick Review

(2006) 2 MLJ 63 (SC) G.Amalorpavam and others versus R.C.Diocese of Madurai and others Civil Procedure Code (V of 1908), O.41, Rule 31 Judgment in appeal Decision rendered without formulating points for determination in appeal Non-compliance with the provision may not vitiate the judgment and make it wholly void Second appellate Court can ascertain the findings of the lower appellate Court.

6-Mar-2006 Quick Review

(2006) 2 MLJ 26 (Mad) Deivendran versus Subbiah Nadar and others Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Original claim for 1/3rd share sought to be amended to 2/3rd share Amendment applications allowed Revision against that order Held,the mistake that had crept in the plaint, was actually realized at a later stage There is no real alteration of the case, but only the quest...

28-Nov-2005 Quick Review

(2006) 2 MLJ 20 (Mad) Subbalakshmi Sankaranarayanan and another versus V.Elumalai Civil Procedure Code (V of 1908), O.1, Rule 10(2) Suit for specific performance Application to strike off defendants 2 and 3, rejected Revision against that order Defendants 2 and 3 not parties to the agreement of sale They are unnecessary parties Hence they are to be deleted from the array of parties.

24-Feb-2006 Quick Review

(2006) 2 MLJ 13 (Mad) Tamil Nadu Housing Board, Labour Progressive Union (Regional No.1953/MDS LPF Federation No.350), represented by its General Secretary, S.Murugan, Chennai . versus Tamil Nadu Housing Board, represented by its Managing Director, Chennai Civil Procedure Code (V of 1908), Sec.114 read with O.47, Rule 1 Constitution of India (1950), 11-Feb-2006 Art.226 Review of order made in writ petition When can be exercised An incorrect order cannot be the subject-matter of review, in the guise of appeal Points formulated for review itself manifestly Quick Review make it clear that none of those can be regarded...

(2006) 1 MLJ 580 (Mad) R. Sivasubramanian versus S. Balamurugan Civil Procedure Code (V of 1908), O.26, Rule 10(3) Commissioner Appointment of Principles to be followed Objection to the report Whether a second Commissioner can be appointed. 14-Feb-2006 Quick Review

(2006) 1 MLJ 542 (Mad)

Wockhardt Limited, Mumbai and also at Chennai versus Hetero Drugs Limited, Hyderabad and others Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Appellant, holder of process patent, EMR and drug licence Filing suit for permanent injunction restraining the respondents from manufacturing or using in any way a pharmaceutical preparation invented by them Grant of interim injunction pending suit Scope and object of Unless the proces...

25-Nov-2005 Quick Review

(2006) 1 MLJ 517 (Mad) Thangammal and others.. versus Papathi and others (A) Civil Procedure Code (V of 1908), Sec.11 Preliminary decree passed in suit for partition No final decree application filed Legal heirs/person claiming through the original parties filed subsequent suit for partition Earlier suit settles rights of parties finally No new party added Second suit barred by res judicata.

23-Dec-2005 Quick Review

(2006) 1 MLJ 480 (Mad) P.Maragathamani versus General Manager (In-charge), Bharat Heavy Electricals Limited, Trichy Complex, Tiruchirapalli and others (A) Civil Procedure Code (V of 1908), Sec.9 Civil suit for declaration that a person belongs to 7-Feb-2006 particular community Mandatory injunction restraining authorities to issue community certificate Whether Civil Courts can entertain the suit Remedy to be sought for only through special provisions Quick Review In the appropriate forum and in an appropriate ...

(2006) 1 MLJ 462 (Mad) Central Bank of India Branch at Krishnagiri, represented by its Branch Manager, Krishnagiri versus M/s.Rama Granites, represented by its Sole Proprietor K.Ramamurthy, Krishnagiri Civil Procedure Code (V of 1908), O.18, Rule 17-A Production of additional evidence at a later stage 31-Jan-2006 Deletion of O.18 Effect of Court has inherent powers to permit the parties to lead additional evidence at a later stage. Quick Review

(2006) 1 MLJ 446 (Mad) Velayutham versus Venugopal and Civil Procedure Code (V of 1908), O.22, Rules 4 and 9 Suit for declaration and recovery of possession Death of a defendant Steps not taken to implead the legal heirs within the time stipulated Petition to condone delay not filed Suit as against that defendant cannot be maintained Suit can be maintained against the other defendants.

18-Jan-2006 Quick Review

(2006) 1 MLJ 442 (Mad) Raoul versus Thierry Sandammalle Civil Procedure Code (V of 1908), O.18, Rule 5 Pondicherry Buildings (Lease and Rent Control) Rule, Rule 13(2) Land- lady permitted to file proof affidavit instead of her chief examination Under Rule 13(2) brief notes of evidence is sufficient Not exactly the test of evidence Rent Control proceedings are summary procedure No illegality ...

30-Jan-2006 Quick Review

(2006) 1 MLJ 418 (Mad) T.Kamatchi versus S.Muralialias Kanagasabapathy, Village Administrative Officer, Ettivayal Village, Pattukottai Civil Procedure Code (V of 1908), Sec.24(1)(b) Transfer of case Principal Bench of Madras High 25-Jan-2006 Court Powers of Case pending within the jurisdiction of Permanent Bench at Madurai Petition for transfer to a Court within the jurisdiction of the Principal Seat of Madras High Court Whether Quick Review there is such power to transfer Principal Seat C...

(2006) 1 MLJ 379 (Mad) A.Anand, S/o. Late Ayyalusamy, N.R.T. Nagar, Theni versus A.Perumalsamy, S/o.Late Ayyappa Naicker and others (A) Civil Procedure Code (V of 1908), O.13, Rules 1 and 2 Civil Rules of Practice, Rules 74(1) and (2) 22-Sep-2005 Production of documents Order declining to send for the documents pertaining to a criminal case Revision against that order Main dispute revolves around the surrender deed sought to be sent for Quick Review Essential for deciding the dispute Impu...

(2006) 1 MLJ 361 (Mad) Poora Mosque and Madra-se-Ahmadia, Tirupathur, represented by the General Secretary versus Ganesan and another Civil Procedure Code (V of 1908), Sec.100 Tamil Nadu Minor Inams (Abolition and Conversion into 6-Jan-2006

Ryotwari) Act (XXX of 1963), Sec.8(1) Power under the Act invoked Both plaintiff and defendant participating in the settlement proceedings Direction for the grant made by settlement Court Property will vest with the Government No question of ...

Quick Review

(2006) 1 MLJ 357 (Mad) Thamiraparani Investments Private Limited, represented by its Director V.Gopal, Chennai versus Meta Films Private Limited, Chennai Letters Patent, Clause 12, Civil Procedure Code (V of 1908), Sec.16 Suit filed for permanent and 21-Dec-2005 mandatory injunction on the basis of an agreement for sale Grant of leave sought on the basis of the agreement of sale Leave granted Application to revoke the leave, allowed Order challenged in O.S.A. Quick Review Question whether suit for injunction is a suit for l...

(2006) 1 MLJ 354 (Mad) Pushparaj, Nagercoil District versus Somalingam, Meenakshipuram Village, Nagercoil and another (A) Civil Procedure Code (V of 1908), Sec.21, Rule 99 Applications under Rejected Revision against that order. (B) Indian Succession Act Will not probated Death of the propounder of the Will Decree recognizing the rights on the basis of unprobated Will Title valid with the legatee on the date of the death of the propounder of the Will Decree not...

24-Oct-2005 Quick Review

(2006) 1 MLJ 347 (Mad) Ramasamy Pillai and others versus R.Balasubramaniam Civil Procedure Code (V of 1908), Sec.100(4) Suit for partition Dismissed for non-inclusion of some properties Appeal against petition allowed Second appeal to High Court Though ground raised regarding issue of partial partition, no substantial question of law framed Whether High Court can dispose of the second appeal on any other substantial que...

10-Jan-2006 Quick Review

(2006) 1 MLJ 334 (Mad) Radha Gopalakrishnan and another versus M.Rajendran and others (A) Civil Procedure Code (V of 1908), O.23, Rules 1(3), 3 Application to withdraw the suit With liberty to file a fresh suit On the same cause of action There must be some formal defect in the plaint Or sufficient grounds for Court to give liberty No formal defect nor sufficient cause found Request for leave held rightly denied.

18-Jan-2006 Quick Review

(2006) 1 MLJ 310 (Mad) K.Pichai Pillai versus Government of Tamil Nadu, represented by the District Collector of Trichy, District Collectorate, Trichy and another Civil Procedure Code (V of 1908), Sec.9 Tamil Nadu Prohibition Act (X of 1937), Secs.56-A and 56-B 6-Jan-2006 Tamil Nadu Revenue Recovery Act (II of 1864), Sec.52 Auction of toddy shop Successful bidder committing default in payment of kist Licence cancelled Re-auction Damages claimed under the Quick Review provisions of Prohibition Act Demand notice issue...

(2006) 1 MLJ 276 (Mad) M/s.Batliboi and Company Limited, Bombay, represented by its Managing Director Nirmal Bhogilal and another versus M/s.Beama Manufacturers (P) Limited, Madras, represented by one of its Directors, M.B.Kuttappa Civil Procedure Code (V of 1908), Sec.34 Interest Act (XIV of 1978), Secs.3 and 4 Money suit 7-Oct-2005 Interest prior to suit, pendente lite and post decree, claimed at the commercial rate of 24% Suit decreed and pre-suit interest awarded at the rate of 24% Pendente lite interest and post-decree Quick Review interest awarded at 12% Decree challenged in origin...

(2006) 1 MLJ 240 (Mad) Ponnan alias Palaniappan and another versus Chinna Gounder (Died) and others (A) Indian Easements Act (V of 1882), Sec.13 Applicability Proof of necessity Land cannot be enjoyed without that. 23-Dec-2005 Quick Review

(2006) 1 MLJ 215 (Mad) D.Henry Thiagaraj versus M.Azarish and Civil Procedure Code (V of 1908), O.8, Rule 1, as amended in 2002 Filing written statement Power of Court to extend beyond time schedule Permissible In exceptional cases. 29-Nov-2005 Quick Review

(2006) 1 MLJ 192 (SC) Uday Shankar Triyar . versus Ram Kalewar Prasad Singh and another Civil Procedure Code (V of 1908), 0.41, Rule 1, 0.3, Rule 4(2) and 0.6, Rule 14 Defective presentation of memorandum of appeal Without signature of the appellant or without vakalatnama executed by appellant Effect of Curable procedural, irregularities Should not entail automatic rejection if such omission or defect is not deliberate Opp...

10-Nov-2005 Quick Review

(2006) 1 MLJ 177 (Mad) Chinnu alias Pacha Gounder versus Periakaliammalalias Ponnammal and others Civil Procedure Code (V of 1908), Sec.100 Second appeal Substantial question of law Adverse possession Burden of proof Possession permissive Defendant, brother of parties No evidence of adverse possession Concurrent findings of fact.

16-Dec-2005 Quick Review

(2006) 1 MLJ 116 (Mad) A.Sreedevi versus Vicharapu Ramakrishna Gowd (A) Constitution of India (1950), Art.227 Civil Procedure Code (V of 1908), O.7, Rule 11(d) Petition for restitution of Conjugal rights filed against cine actress Summons issued to the actress Revision filed to reject the original petition Original petition filed with an ulterior motive Trial Court is duty bound to examine the plaint be...

2-Dec-2005 Quick Review

(2006) 1 MLJ 105 (SC) Shaikh Salim Haji Abdul Khayumsab versus Kumar and others Civil Procedure Code (V of 1908), 0.8, Rule 1 Written statement Filing of Defendant is obliged to file written statement within 30 days from the date of service of summons on him or within extended time within 90 days Suit summons served on 21.10.2003 Time for filing written statement extended by Court till 19.2.2004 Written statement f...

18-Nov-2005 Quick Review

(2006) 1 MLJ 68 (Mad) Kandasamy and others versus Kolandasamy (A) Civil Procedure Code (V of 1908), O.7, Rule 3 Suit for injunction in respect of a cart track property Description of Advocate Commissioner identifying the suit cart track No objection raised to the report filed by the Advocate Commissioner Description of the cart track clearly indicated in the documents filed by the plaintiff Conten...

22-Nov-2005 Quick Review

(2006) 1 MLJ 37 (Mad) Mrs.Mahadevi, Sholinganallur versus Mrs.Amudha, represented by Power of Attorney T.Kannan, Sholinganallur and others Civil Procedure Code (V of 1908), Sec.24(1) Injunction Suit for Ad-interim injunction granted 18-Nov-2005 Application filed to vacate the order of interim injunction Application not taken up inspite of several requests Defendant seeking transfer of suit Delay in taking up the application cannot be a ground Quick Review to order transfer of suit.

(2006) 1 MLJ 36 (SC) M/s.Dhodha House versus S.K.Maingi (A) Trade Marks Act (43 of 1958), Sec.105, Copyright Act (14 of 1957), Sec.62(2), Civil Procedure Code, (V of 1908), Secs. 16 to 20 and O. II, Rule 3 Trade mark and Copyright Suits of infringement Territorial jurisdiction Copy right Place of residence of author District Court Jurisdiction No such jurisdiction in trade mark Cause...

15-Dec-2005 Quick Review

(2006) 1 MLJ 35 (Mad) Prasad Naidu and another versus Mrs. Padmini Jayasundar Civil Procedure Code (V of 1908), Sec.24(1) Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960 as amended by Act XXIII of 1973 and Act I of 1980) Eviction order passed appeals filed challenging the same Some appeals dismissed Concerned Presiding Officers transferred and appeals posted before him Transfer petition filed on ...

15-Sep-2005 Quick Review

(2005) 4 MLJ 650 (Mad)

Rajamani Ammal and others versus Sivasakthi Benefit Fund Limited, represented by its Managing Partner, K.Ravi, Nagapattinam Civil Procedure Code (V of 1908), O.13, Rule 6 read with Rule 4 (1), O.13, Rules 1 and 2 Interlocation 17-Oct-2005 for rejection of memorandum for want of stamp duty and registration Refusal by trial Judge to reject memorandum as inadmissible Decision in the application as to admissibility or otherwise of the Quick Review memorandum, beyond the jurisdiction of the tr...

(2005) 4 MLJ 643 (Mad) K.Achuthan Chetty . versus K.K.Narayanan (died) and others Civil Procedure Code (V of 1908), Sec.115, O. 7, Rule 18 and O. 13, Rule 2 Order of Civil Court declining to admit a document on the ground of deficiency of stamp duty and want of registration Revision against Maintainability Held, as the nature of document was itself in dispute, the document should have been admitted subject to objection...

25-Jul-2005 Quick Review

(2005) 4 MLJ 625 (Mad) Radbabai Ammal and another versus N.Loganathan and other Civil Procedure Code (V of 1908), O. 8, Rule 9 Application before the trial Court For reception of additional written statement Dismissal of On technical grounds Appellate Court allowing the petition Court should take lenient view Should have a positive and liberal approach Conduct of party, stage of litigation, delay and hardship t...

15-Sep-2005 Quick Review

(2005) 4 MLJ 622 (Mad) Manager, Mandvi Co-operative Bank Limited, Bombay versus M/s.Viswa Bandhu, represented by its partner Ashok J.Mehta, Coimbatore and others Civil Procedure Code (V of 1908), Sec.100 Second appeal Suits for recovery of money by the 23-Sep-2005 drawee of the lost demand drafts Encashed by opening a new account by a stranger Introduced by the bank customer Suits dismissed by trial Court Appeals allowed-Second appeals filed Bank Quick Review was negligent to allow a stranger to encash the drafts Se...

(2005) 4 MLJ 592 (Mad) D.Kuttiyappan. and others versus Meenakshiammal Polytechnic Unit of M/s.Meenakshiammal Trust, represented by its Managing trustee, Thiru. A.H.Radhakrishnan, Madras and another Civil Procedure Code (Vof 1908), O.26, Rule 9 Appointment of an Advocate Commissioner Cannot 17-Jun-2005 be appointed to note down factum of possession Earlier two Commissioners appointed Reports comprehensive Another Commissioner cannot be appointed unless the Court is dissatisfied with Quick Review earlier reports Repeated appointment of Commissioner Unheal...

(2005) 4 MLJ 590 (Mad) A.Arumugham versus K.M.Thambirajan and another Civil Procedure Code (V of 1908), O. 13, Rule 2 Report ofhandwring expert Permission granted to produce a document Cannot be construed that document is automatically admissible in law Objection regarding admissibility of documents can be raised at a later stage Merely because a document has been marked such objection is not excluded.

17-Oct-2005 Quick Review

(2005) 4 MLJ 549 (Mad) G.Chandrasekaran versus Palaniappa Company, by its Joint Partner, Alagammal Achi, W/o.Chokkalingam Chettiar, Tiruchirapalli and others Civil Procedure Code (V of 1908). O.21, Rule 95 Court Auction Sale certificate issued in favour of 29-Aug-2005 Auction purchaser Auction sale set aside by the execution Court Order challenged in revision No application filed under O.21, Rule 89 or O.21, Rule 90 within 60 days from the date of sale Sale Quick Review becoming final by issue of sale certificate ...

(2005) 4 MLJ 516 (Mad) Smt.I.Veluthai, W/o.Late Irulandi, Proprietor of M/s.Lucky Xerox and Telecom Services, Chennai versus Administrative Commandant for Station Commander, Station Head Quarters, Chennai and another (A) Public Premises (Eviction of Unauthorised Occupants) Act (XL of 1971), Secs.4 and 5 Notice under Secs.4 and 5 Can be issued only if the premises is unauthorisedly occupied Possession taken by the authorities in a hasty and hurried manner Unlawful Respondents directed to handover possession to the revision petitioner.

25-Jul-2005 Quick Review

(2005) 4 MLJ 510 (Mad) Sub-Collector, Padmanabhapuram, Thakkalai Village, Kalkulam Taluk, Kanya- kumari District versus R.S.Raveendran (A) Land Acquisition Act (I of 1894), Sec.28 Acquisition proceedings Enhancement of composition 26-Sep-2005 Interest payment Rate of On the excess amount, interest will be paid at the rate of 9% per annum from the date of taking possession till the date of payment of such excess into Court After Quick Review expiry of one year from the date on which possession ...

(2005) 4 MLJ 500 (Mad) Selvam Antony Marie (incorrectly mentioned in the E.P. as Selvam Marie and others versus Sowaridoss and Juline Franceuve and others Civil Procedure Code (V of 1908), Sec.47 Partition suit A preliminary decree Merely declares 22-Jul-2005 the rights of the parties To finally determine the rights of the parties Further enquiry has to be made Final decree passed in terms of a compromise Can be executed as such. Quick Review

(2005) 4 MLJ 447 (Mad) The Director General, Coast Guard, New Delhi and another versus Md.Abbas Mohideen, Chennai Civil Procedure Code (V of 1908), Sec.11 Res judicata Earlier W.P. by respondent in Orissa High Court, dismissed W.P. filed in this Court for same relief Said W.P. should not have been entertained since bar of res judicata applied W.P. not maintainable Respondent abused process of Court Ordered to pay costs of Rs.10,000.

28-Sep-2005 Quick Review

(2005) 4 MLJ 445 (Mad) T.H.Syed Ahmed versus T.H.Mustaq Ahmed Civil Procedure Code (V of 1908), O.23, Rule 1 Withdrawal of suit Withdrawal and leave to institute fresh suit Grounds for Cannot be granted for the mere asking. 23-Sep-2005 Quick Review

(2005) 4 MLJ 426 (Mad) Vrikish Transworld Holding Limited represented by its Director, Administrative Office, Chennai versus Punjab National Bank, Nungambakkam Branch, Chennai and others (A) Civil Procedure Code (V of 1908), O. 39,Rules1 and 2 Ad interim injunction restraining banks 30-Aug-2005 from honouring bank guarantee or letters of credit Principles Case of fraud or causing irretrievable damage Scope for withholding implementation of a bank guarantee or letters of credit In the event Quick Review of fraud by the seller In order for such b...

(2005) 4 MLJ 414 (Mad) A.N.S.Nalla Azhagu and others versus Smt.Jayachitra, Chennai and another Civil Procedure Code (V of 1908) , O.39, Rules 1 and 2 Suit for permanent and mandatory injunctions Interim injunction granted Conduct of the defendants is illegal They have taken forcible possession of suit property Such unlawful action cannot be condoned with impunity - Prima facie case and balance of convenience in favour of the plaint...

12-Sep-2005 Quick Review

(2005) 4 MLJ 404 (Mad) D.V. Athisayaraj versus Tirunelveli Diocese Trust Association, Tirunelveli Civil Procedure Code (V of 1908), Sec. 51(b),O. 21, Rules 11 to 14, 17 and 54 and O. 38, Rule 5 Execution of decree Attachment of property Object is only to safeguard the interest of the decreeholder No bar to bring the property for sale without attachment E.P. filed within limitation period Application to amend the E.P. seeking attach...

5-Aug-2005 Quick Review

(2005) 4 MLJ 390 (Mad) T.R. Subramania Naidu versus Dr.Ambedkar People Liberation Front, Arakkonam, represented by its representative K.Manoharan, Arakkonam, Vellore District. 28-Sep-2005 Civil Procedure Code (V of 1908), O.1, Rule (8) Scope and object Condition necessary for its applicability. Quick Review

(2005) 4 MLJ 360 (Mad)

N.Seetha Devi versus Janaki Ramachandran Educational and Charitable Trust, represented by its Trustee, N.Ramachandran, Chennai and another. (A) Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Suit to declare the second plaintiff as 13-Sep-2005 validly appointed trustee of the first plaintiff and for consequential injunction restraining the defendant from interfering with the functioning of the trust Application seeking ad interim injunction Quick Review Injuction granted Appeal against that order...

(2005) 4 MLJ 343 (Mad) Gurusamy and others versus Santhanam Civil Procedure Code (V of 1908), O. 8, Rule 1-A(3) and O. 13, Rule 1 Constitution of India, (1950), Art.227 Partition suit Pending trial, contesting defendants filing petition for reception of additional documents as evidence Trial Court should normally admit such documents Subject to proof of relevancy and admissibility at the time of t...

18-Jun-2005 Quick Review

(2005) 4 MLJ 333 (Mad) Ponnan, S/o.Kandasamy, Kallakurichi versus Govindasamy alias Sarkarai, and others (A) Civil Procedure Code (V of 1908), O. 6, Rule 17-Suit for permanent injunction regarding A schedule properties and for partition regarding B schedule properties Trial not commenced Application filed to amend the plaint More properties sought to be included in the B schedule Application dismissed Revision against that order Ther...

2-Aug-2005 Quick Review

(2005) 4 MLJ 310 (Mad) T.R.Baalu versus S.Purushothaman and others (A)Representation of People Act (LXIII of 1951), Secs.8(3), 1001(d)(i) and (iv) Civil Procedure Code (V of 1908), O. 7, Rule 11(a) Election to parliamentary constituency Election petition challenging the selection of the returned candidate Can be summarily dismissed under O. 7, Rule 11(a), C.P.C., if it does not disclose any cause of action o...

29-Aug-2005 Quick Review

(2005) 4 MLJ 284 (Mad) Industrial Relations Manager, Madurai Coats Limited,Papavinasam Mills (Post), Ambasamudram, and others . . . versus Jayaraman and another Civil Procedure Code (V of 1908), O.14, Rule 2 Jurisdiction Issue of Sought to be raised as a 10-Feb-2005 preliminary issue Court has discretion to dispose of the suit on a preliminary issue only if the issue related to jurisdiction or bar of suit Suit may be disposed of on an issue of law only Issue involving Quick Review mixed question of fact and law It is...

(2005) 4 MLJ 278 (Mad) Jeya versus Sundaram Iyyar (A) Civil Procedure Code (V of 1908), O.6, Rule 17, Proviso -17 Amendment of Amendment of pleadings Not permissible after the commencement of trial Unless in spite of due diligence the party could not have raised the matter before commencement of trial Proposed amendment at the stage of pronouncing judgment disallowed.

28-Jul-2005 Quick Review

(2005) 4 MLJ 270 (Mad) Krishnaru and another . . . versus Incorporated and Unincorporated Devaswams, Suchindram, represented by the Deputy Commissioner/Executive Officer, Suchindram, Kanyakumari District Civil Procedure Code (V of 1908), O.6, Rule 17, Amendment of written statement At the stage of 25-Jul-2005 appeal Permissibility Though the proposed amendment is a belated one, it does not change the existing defence Neither does it introduce a new plea Amendment ought to have been allowed Quick Review Impugned order set aside.

(2005) 4 MLJ 269 (Mad) S. Kuppusamy . . . versus P.K. Subramani and others Civil Procedure Code (V of 1908) O. 6, Rule 17 Amendment of plaint Power under O. 6, Rule 17 cannot be indiscriminately exercised To extend the period of limitation. 16-Sep-2005 Quick Review

(2005) 4 MLJ 258 (Mad)

Thiru Alankadu Immudi Ahora Dharma Sivachariar Aiyra Vaisya Madam, Nerinchipettai, Erode District versus Udumalpet Samayapuram Aiyra Vaisya Sangam, represented by its President, Udumalpettai, Coimbatore District Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint No change of cause of action 22-Jul-2005 No introduction of new cause The amendment ought to have been allowed The trial Court cannot at this stage give a finding on limitation. Quick Review

(2005) 4 MLJ 239 (Mad) Minor Arumugam alias Logesh represented by next friend and natural guardian mother, Sampoornam versus State Bank of India represented by its Chief Manager and others Civil Procedure Code (V of 1908), O.16, Rules 1 and 21 Whether parties to suit can be compelled to 13-Jul-2005 give evidence A party to a suit can invoke O.16, Rule 21, but not always as of right If a party desirous of examining another party as witness, has no conflicting interest, the Court could issue Quick Review summons Compelling parties who are real opponent...

(2005) 4 MLJ 190 (Mad) R.Ayyasamy and others versus Ganesan and others Limitation Act (XXXVI of 1963), Sec.5 Civil Procedure Code, (V of 1908), Sec. 115 and O. 9, Rule 13 Partition suit Suit decreed ex-parte Petition under O. 9, Rule 13, C.P.C., to set aside ex-parte decre filed with 19 days delay Application filed for condonation delay returned for rectification of certain defects Application re-presented...

25-Jul-2005 Quick Review

(2005) 4 MLJ 189 (Mad) C.Ramamoorthy and another versus T.M.Balakrishna Mudaliar and others Civil Procedure Code (V of 1908), Sec.37 Explanation andO.21, Rule 32 Jurisdiction of the original Court, trifurcated Execution petition can be filed before the Court within whose jurisdiction, suit properties are situate.

22-Jul-2005 Quick Review

(2005) 4 MLJ 178 (Mad) Subatra and others versus C.Pavalamani (A) Civil Procedure Code (V of 1908), Sec.115 Amendment in application filed under Sec.47, C.P.C. Partly allowed Revision against that order Under Sec.115 Not maintainable. 18-Jul-2005 Quick Review

(2005) 4 MLJ 163 (SC) Damodaran Pillai and others versus South Indian Bank Limited "An application under Sec. 5 of the Limitation Act is not maintainable in a proceeding arising under O. 21, of the Code." "A fortiori for the said purpose, inherent power of the Court cannot be invoked." 8-Sep-2005 Quick Review

(2005) 4 MLJ 157 (SC) Rajeshwari versus Puran Indoria Civil Procedure Code (V of 1908), Sec.100 Substantial question of law What is Tests for determining Specific performance suit Decreed by lower Courts Second appeal dismissed by High Court on the ground that it did not involve any substantial question of law Appeal before Supreme Court Proper test for determining whether the question...

25-Aug-2005 Quick Review

(2005) 4 MLJ 123 (SC) Phool Pata and another versus Vishwanath Singh and others Civil Procedure Code (V of 1908), Sec.100 Substantial question of Law Formulation of Suit for specific performance Decreed by trial Court Suit dismissed in appeal Second appeal by plaintiffs allowed by High Court Appeal before Supreme Court Contention that question regarding readiness and willingness of the plaintiffs, was not formu...

1-Aug-2005 Quick Review

(2005) 4 MLJ 119 (Mad) Muthusamy . . . versus Thangaraj Civil Procedure Code (V of 1908), O.8, Rule 9 Additional written statement Permission sought for filing after trial commenced Petition allowed by trial Court No infirmity in the order Revision to the High Court dismissed.

30-Jun-2005 Quick Review

(2005) 4 MLJ 116 (Mad) Sundaram Finance Services Limited, represented by its President, the Principal Officer, having its office at Deshabandhu Plaza, Chennai versus Shoba Garments Private Limited, Chennai and others (A) Tamil Nadu Court-Fees and Suits Valuation Act (XIV of 1955) Sec.69 Court fee Refund of Suit 19-Aug-2005 claim settled out of Court Interim decree granted to the plaintiff in an interlocutory application No scope for applying Sec.69 of the Act Plaintiff not entitled to refund of half of the Court fee. Quick Review

(2005) 4 MLJ 61 (SC) Vishwanatha Achari versus Kanakasabapathy Civil Procedure Code (V of 1908), Secs.100(4) and 107 Suit for declaration of title No issue framed regarding adverse possession First Appellate Court decreeing the suit on the ground that plaintiff had perfected his title by adverse possession Confirmed by High Court in second appeal High Court not justified in summarily rejecting the se...

26-Jul-2005 Quick Review

(2005) 4 MLJ 52 (SC) R.Murali and others versus Kanyaka P. Devasthanam and Charities and others Civil Procedure Code (V of 1908), Sec.92 Tamil Nadu Hindu Religious and Charitable Endowments Act (XXII of 1959), Secs.5(e), 64 and 107 Suit for reframing of scheme for administration of respondent institution Leave sought under Sec.92, C.P.C., for instituting the suit Contention that Sec.92, C.P.C. was not applicable Leave granted by sin...

25-Jul-2005 Quick Review

(2005) 4 MLJ 36 (SC) Amit Kumar Shaw and another versus Farida Khatoon and another Civil Procedure Code (V of 1908), O. 1, Rule 10, O. 22, Rule 10 Transfer of Property Act (IV of 1882), Sec.52 Transferee pendente lite Application for substitution as party Maintainability of, during pendency of second appeal He should ordinarily be added as a party to protect his interest.

13-Apr-2005 Quick Review

(2005) 4 MLJ 24 (SC) Umabai and another versus Nilkanth Dhondiba Chavan (Dead) by Lrs. and another (A) Transfer of Property Act (IV of 1882), Sec.58(c) Specific Relief Act (XLVII of 1963), Sec.16(c) Specific performance suit Question whether the transaction is an agreement of sale or one of mortgage There is distinction between mortgage by conditional sale and sale with a condition of repurchase In mortgage, the debt subsists and a rig...

13-Apr-2005 Quick Review

(2005) 4 MLJ 22 (Mad) M/s.Chennimalai Yarns Pvt. Limited, Chenniamalai and another versus S.Chandrasekar and others (A) Civil Procedure Code (V of 1908), Sec.20(b) Suit Where can be instituted Company having its head office at Coimbatore carrying on manufacturing work at Chennimalai Part of its business also carried on at Coimbatore Some of its Directors residing at Coimbatore Company pasing a resolution at Chennimalai for removal of plaintiff as Man...

8-Aug-2005 Quick Review

(2005) 4 MLJ 4 (Mad) Manonmaniammal and others versus Dr.Duraikannu and others Civil Procedure Code (V of 1908), O.1, Rule 10(2) Limitation Act (36 of 1963), Sec.21 Petition for impleading proposed parties Cannot be ordered when entire cause of action and the nature of suit will be changed. Petitioners claim was of the year 1996 For claiming damages as against the proposed parties liability sought to be fixed in the ...

28-Jun-2005 Quick Review

(2005) 4 MLJ 1 (SC) Aanaimuthu Thevar (Dead) by L.Rs. versus Alagammal and others Civil Procedure Code (V of 1908), Sec.11 Constructive res judicata Plea founded on ownership and mortgage not raised in former suit Doctrine of constructive res judicata is attracted. 12-Jul-2005 Quick Review

(2005) 3 MLJ 675 (Mad) T.N.Anantha Rao and another versus N. Bhanumoorthy Civil Procedure Code (V of 1908), O.9, Rule 9 Suit in possession and other reliefs decreed Decree

29-Jul-2005

confirmed in appeal and second appeal Suit for declaration of the said judgment as null and void , having been obtained by fraud and collusion Suit dismissed for default and petition for restoration of the suit filed Held, the latter suit wa...

Quick Review

(2005) 3 MLJ 663 (Mad) Ramasamy and another versus P. Marappan and others Civil Procedure Code (V of 1908), Sec.151, O.6, Rule 17 Suit for partition Application by the defendant for directing amendment of plaint to include partition mentioned properties Application dismissed Order challenged in revision Under O.6, Rule 17, C.P.C., a party can seek to amend his pleadings in plaint or written statement But a ...

4-Jul-2005 Quick Review

(2005) 3 MLJ 645 (Mad) Natarajan and another versus Bandari Gounder Civil Procedure Code (V of 1908 as amended by Act XLVI of 1999), Sec.115 Partition suit Purchasers of portion of suit properties Sought to be impleaded as defendants Application rejected by trail Court Revision against that order Clause (b) of the proviso to Sec.115(1), C.P.C. deleted by the amendment Act of 1999 Revision jurisdicti...

25-Jul-2005 Quick Review

(2005) 3 MLJ 633 (Mad) P. Santhosh versus National Small Industries Corporation Limited, represented by its Regional General Manager and others 5-Jul-2005 Civil Procedure Code (V of 1908), Sec.20 Jurisdiction Cause of action Action Meaning of. Quick Review

(2005) 3 MLJ 626 (Mad) bhuvaneswari versus saraswathi ammal civil procedure code (v of 1908), o.41, rule 23 remand order of when can be passed suit for injunction decreed by trial court first appellate court remanding the matter for the purpose of identifying the suit property by appointment of an advocate commissioner order challenged before high court no party can be permitted to fill up the...

14-Jul-2005 Quick Review

(2005) 3 MLJ 607 (Mad) Tarachand (Deceased) and others versus Kathija Limitation Act (XXXVI of 1963), Sec.5 Civil Procedure Code (V of 1908), O.22, Rule 4 Suit for specific performance Ex parte decree passed Execution proceedings initiated Death of the defendant No steps taken to implead his heirs Statement sought to be set aside after a delay of 3290 days Delay not condoned by trial Court Order c...

19-Jul-2005 Quick Review

(2005) 3 MLJ 577 (Mad) Chinnakkal versus Marakkal and others Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Relief of mandatory injunction sought to be included application dismissed by trial Court Order challenged in revision Original suit for permanent injunction Proposed amendment seeks to amend the plaint for mandatory injunction Court is called upon to adjudicate and en...

6-Jul-2005 Quick Review

(2005) 3 MLJ 525 (Mad) Sivagurunathan versus Ramalingam and others Civil Procedure Code (V of 1908) O.26, Rule 9 Advocate Commissioner Appointment of Suit for injunction restraining interference in property defendants disputing location and extent of property Petition to appoint advocate Commissioner to measure property dismissed by Court below Where the location and extent of property is denied a Comm...

1-Jul-2005 Quick Review

(2005) 3 MLJ 490 (Mad) S.Muruvappan, Pondicherry versus S.Sivapalani Pondicherry and another Civil Procedure Code (V of 1908), Sec.115 and O.8, Rule 9 Petition for receiving additional written statement Allowed Revision against that order does not suffer from any jurisdictional error Interference not warranted.

25-Jul-2005 Quick Review

(2005) 3 MLJ 473 (Mad) Chandrasekaran and others versus V.Doss Naidu (A) Civil Procedure Code (V of 1908), O.26, Rule 9 Appointment of Advocate Commissioner Cannot be made to collect evidence, but only to obtain evidence, which is of a peculiar nature which could be obtained only on spot inspection The material issue of determining the possession cannot be left to the Advocate Commissioner.

29-Jun-2005 Quick Review

(2005) 3 MLJ 451 (Mad) Clement Ravichandran and another versus Om Sindhoori Capital Investment Limited represented by its Executive Director, Chennai Civil Procedure Code (V of 1908), O.37, Rule 3 Suit on promissory note If the defendant satisfies 21-Jun-2005 the Court, that he has a good defense to the claim on merits, he is entitled to unconditional leave At the stage of leave to defend Court is not called upon to test the veracity of the defence set fourth Trial Quick Review Court tested the sustainability of...

(2005) 3 MLJ 421 (Mad) Muthulakshmi, Pondicherry versus Union of India, represetned by Chief Secretary, Government of the Union Territory of Pondicherry and others Civil Procedure Code (V of 1908), O.14, Rules 1 and 2 Preliminary issue Jurisdiction Defendant 23-Jun-2005 seeking permission to raise question of jurisdiction Petition allowed by trial Court Revision against the order Provision of Rule 1 is subject to provision of Rule 2 Trial Court has discretion to Quick Review frame a preliminary issue in cases where the ...

(2005) 3 MLJ 418 (Mad) C.S.I. Church, Devanankuruchi represented by its Power of Attorney Rt.Rev. Dr.M.Dorai Bishop in Coimbatore, Coimbatore and others Coimbatore versus Swaminathan and another Civil Procedure Code (V of 1908), Sec.151 and O.39, Rule 1 Plaintiffobtained temporary injunction 24-Jun-2005 restraining defendant from interfering with construction activity Seeking police protection to carry on construction activity Petition dismissed by trial Court Revision against Dispute existing Quick Review regarding survey number Trial yet to commence ...

(2005) 3 MLJ 379 (Mad) Rajaji versus R.Krishnaji (A) Civil Procedure Code (V of 1908), O.9, Rule 7 Limitation Act (36 of 1963), Arts.123 and 137 Receiver Application No representation by defendants Receiver appointed Application to set aside ex parte order Limitation Three years ex parte decree and ex parte order Distinction.

14-Jun-2005 Quick Review

(2005) 3 MLJ 370 (Mad) Mrs.N.Poongodi and another versus M/s.Tata Finance Limited, having registered Office at Ahura Centre, Mumbai Presidency Towns Insolvency Act (III of 1909), Sec.9(2) Civil Procedure Code (V of 1908), Sec.2 (2) 18-Apr-2005 Arbitration award passed Award becoming final and enforceable Insolvency notice issued for payment of the award amount under Sec.9(2)-Legality Arbitration award is decree within the Quick Review meaning of Sec.2(2), C.P.C. It constitutes a valid fou...

(2005) 3 MLJ 367 (Mad) Palaniappa Gounder and another versus Nallusami and others Civil Procedure Code (V of 1908), Secs.151 and 152 Petition for amendment of judgment and decree Mistakes crept in the judgment due to Typographical error Amendment petition filed to correct the mistake Held, the amendment should be allowed.

4-Jul-2005 Quick Review

(2005) 3 MLJ 345 (Mad) R.M.S. Mahendra Gupta versus Mrs.Shri Chinni Subbiah Chetty Charities, represented by its Trustees Civil Procedure Code (V of 1908), O.7, Rule 11(a) and(d) Ejectment suit Application filed for rejection of plaint Another application filed under Sec.9 (1)(a)(i) of Tamil Nadu City Tenants Protection Act for sale of the such land Both applications dismissed Order refusing to reject the plaint, challenged in revision Held, defendant file...

24-May-2004 Quick Review

(2005) 3 MLJ 331 (Mad)

K.Rangasamy Gounder versus Muthusamy Gounder and others Civil Procedure Code (V of 1908), Secs.148 and 151 and O.9, Rules 9 and 15 Suit for declaration and permanent injunction Defendant set ex-parte Suit decreed Petition to set aside the ex-parte decree Allowed on terms Order not complied with Petition dismissed Another petition under Secs.148 and 151 to restore the earlier order and ...

22-Jun-2005 Quick Review

(2005) 3 MLJ 327 (Mad) M.George versus M.Albert Civil Procedure Code (V of 1908), O.1, Rule 10 Partition Suit Application filed by plaintiff to implead the deceased 4th defendant Allowed by trial Court Revision against the order Held, on C.P.C. is designed to facilitate justice and not a penal enactment Hence, order of lower Court confirmed on payment of cost as the application was m...

4-Mar-2005 Quick Review

(2005) 3 MLJ 306 (Mad) Kandasamy and others versus M.Palanisamy and others Civil Procedure Code (V of 1968) O. 1, Rule 10 Injunction suit Applicatioin by third paties to implead them in the suit Application allowed Revision against that order Object of O. 1, Rule 10(2), C.P.C. is not to prevent multiplicity of proceedings Necessary consideration before the Court is whether a party is necessary or proper party ...

16-Jun-2005 Quick Review

(2005) 3 MLJ 294 (Mad) Loganathan versus Kaliappa Gounder and others Civil Procedure Code (V of 1908) as amended by Act (XLVI of 1999), O. 6, Rule 17 Application for amendment of plaint filed after the commencement of trial and after P.W.1, was examined Petition filed belatedly Nothing to show that inspite of the diligence, the plaintiff could not have filed the amendment petition earlier Petition dismissed ...

15-Jun-2005 Quick Review

(2005) 3 MLJ 289 (Mad) Chellakannu, Son of Pichamuthu, Vethiyar Vettu Village, Udayarpalayam Taluk versus Kolanji, Wife of Shanmugam, Vethiyar Vettu Village, Udayarpalayam Taluk (A) Civil Procedure Code (V of 1908), O. 7, Rule 11(6) Tamil Nadu Court-fees and Suits Valuation Act 14-Jun-2005 (XIV of 1955), Secs.25(d) and 40 Suit for declaration that the sale deeds are not binding on plaintiff and for permanent injunction Valuation for Court- fee made under Sec.25(d) Application by Quick Review defendant for a direction that the Court-fees be...

(2005) 3 MLJ 263 (Mad) Kannuperumal and another versus Mrs.Suseela, mentally retarded person, represented by next friend, guardian and husband, Narayanasamy and others Civil Procedure Code (V of 1908), O.1, Rule 10 Limitation Act (XXXVI of 1963), Sec.21 Suit in 17-May-2004 specific performance filed by several persons Two plaintiffs not interested in pursuing the matter Application by the remaining plaintiffs to transpose the outgoing plaintiffs as defendants Application Quick Review dismissed Order challenged in revision T...

(2005) 3 MLJ 236 (Mad) C.R.Sivanandam and others versus V.R.Kushal Doss and others Civil Procedure Code (V of 1908), Sec.20(c) Suit on the foot to the promissory notes persons in whose favour the promissory notes were executed were residents of Vellore Promissiory notes executed at Vellore Only the Sub-Court at Vellore has jurisdiction to try the suit Merely because the defendants were carrying on business at Madras and...

21-Apr-2005 Quick Review

(2005) 3 MLJ 142 (Mad) R. Soundararajan versus R. Sivaprakasam and others Civil Procedure Code (V of 1908), O.40, Rule 1 Receivers Appointment of Pending suit for partition application filed for appointment of receiver Third party receiver appointed Order challenged in appeal Appointment of receiver rests in the direction of the Court Though Advocate receiver can do the job, it will lead to further expenses...

18-Apr-2005 Quick Review

(2005) 3 MLJ 124 (SC) Kasturi versus Uyyamperumal and others

Civil Procedure Code (V of 1908), O.1, Rule 10 Suit for specific performance Third party to the contract, claiming independent title and possession over the contracted property Such third party is not entitled to be added as party to the suit The Supreme Court can interfere if the lower Court has added such a party.

25-Apr-2005 Quick Review

(2005) 3 MLJ 109 (SC) Janki Vashdeo Bhojwani and another versus Indusind Bank Limited and others (A) Civil Procedure Code (V of 1908), O.3, Rules 1 and 2 Power of Attorney Holder of Scope of the word act in O.3, Rules 1 and 2 Word Act refers to the acts done by the power agent in exercise of power granted by the instrument Power of attorney holder cannot depose for the principal for the acts done by the principal and not by him.

6-Dec-2004 Quick Review

(2005) 3 MLJ 101 (SC) Amarendra Komalam and another versus Usha Sinha and another Civil Procedure Code (V of 1908), Sec.11 Evidence Act (I of 1872), Sec.116 Principle of res judicata, waiver and estoppel Applicability of Interpolation of clause relating to renewal of lease deed in the agreement between the parties Existence of such agreement, supressed in the plaintiff Suit filed for specific performance Question o...

7-Apr-2005 Quick Review

(2005) 3 MLJ 94 (Mad) Rethinam alias Anna Samuthiram Ammal and others versus Syed Abdul Rahim Civil Procedure Code (V of 1908), O.6, Rule 17, Provisio Effect of Amendment Acts of 1999 and 2002 will not apply to pleadings filed before the commencement of the Amendment Act Hence proviso will not apply to plaint or written statement filed before 1.7.2002.

1-Mar-2005 Quick Review

(2005) 3 MLJ 90 (Mad) Mary alias Mariammal versus Venkatachala Pillai and others Civil Procedure Code (V of 1908), Sec.11 Res judicata When arises Earlier suit for partition Compromise decree passed Subsequent suit for declaration and injunction Whether latter suit is barred by res judicata Earlier suit was compromised in the presence of the appellant/plaintiff Same property is involved in both the suits ...

4-Mar-2005 Quick Review

(2005) 3 MLJ 86 (Mad) Myla Belli and others versus B.Rajagopal Civil Procedure Code (V of 1908), O. 9, Rule 13 Limitation Act (XXXVI of 1963), Sec.5 Suit for declaration and injunction Three defendants set ex parte Decree passed on merits against the other defendants Application filed by three defendants to set aside the decree with delay of 425 days Application dismissed on the ground that it was ...

21-Apr-2005 Quick Review

(2005) 3 MLJ 81 (Mad) Jolen Inc., USA represented by its Constituted Attorney Mr.Puran Chand Chawla versus Jolen International Limited, Delhi and others Civil Procedure Code (V of 1908), O.37, Rules 1 and 2 Trade Marks Act (XLVII of 1999), Sec.1 18-Apr-2005 Action for infringement of trade mark Suit for injuncion Relief of interim injunction sought for Order of interim injunction granted and subsequently vacated Appeal against that order Quick Review Petitioners application for registration of trade mark JOL...

(2005) 3 MLJ 78 (Mad) R. Radha versus B. Saraswathy Civil Procedure Code (V of 1908), Secs.47, 94(3) Suit for specific performance of agreement of sale Decreed ex parte Such decree becoming final Held, legality of the decree cannot be questioned before the execution Court.

24-Mar-2005 Quick Review

(2005) 3 MLJ 65 (SC) Swamy Atmananda and others versus Sri Ramakrishna Tapovanam and others (A) Civil Procedure Code (V of 1908), Sec.11 Principle of res judicata Applicability of A judgmenet of Court having concurrent jurisdiction would operate as res judicata with regard to some other matter between the same parties directly in question in another Court Non-framing of an issue as regards res judicata Effect of.

13-Apr-2005 Quick Review

(2005) 3 MLJ 63 (SC) Sihor Nagar Palika Bureau versus Bhabhlubhai Virabhai and Company Civil Procedure Code (V of 1908), O.41, R.1(3) Appeal by a statutory body under Municipal Act Stay of execution of money decree Discretion of Court, to deposit or to offer security. 21-Apr-2005 Quick Review

(2005) 3 MLJ 32 (Mad) Pappayammal versus Palanisamy and others (A) Civil Procedure Code (V of 1908), O.41, Rule 27 Production of additional evidence in appeal When can be admitted Additional evidence cannot be permitted in the appellate stage to fill up certain lacunae Documents sought to be produced at the second appeal cannot be admitted when their genuineness is disputed Application for receptio...

29-Apr-2005 Quick Review

(2005) 3 MLJ 24 (Mad) Jabeen Taj. versus M.Parveen Banu and another (A) Civil Procedure Code (V of 1908), O. 26, Rule 9 Civil Rules of Practice, Rule 75(b)-Appointment of Advocate Commissioner in a suit for declaration and injunction When warranted No dispute regarding the identity of the property Trial Court is justified in dismissing the application for appointment of Advocate Commissioner.

28-Apr-2005 Quick Review

(2005) 3 MLJ 15 (Mad) Santha and another versus K.V.Janardhana Rao and others Civil Procedure Code (V of 1908), O.26, Rules 13 and 14 Suit for partition Preliminary decree passed in respect of items 1 and 2 Decree not challenged by way of appeal Appeal pending in respect of item 3 Preliminary decree having become final Petitioners entitled to have final decree in respect of items 1 and 2 of suit properties.

19-Mar-2005 Quick Review

(2005) 3 MLJ 1 (Mad) T.Siva Raman versus P.Renganayaki (A)Evidence Act (I of 1872), Sec.41 Civil Procedure Code (V of 1908), Sec.13 Foreign judgment Relevancy of Whether dissolution of marriage granted by the Superior Court of California is conclusive as to the rights of the parties Marriage took place in India under the provisions of the Hindu Marriage Act No evidence to show that the husb...

27-Apr-2005 Quick Review

(2005) 2 MLJ 633 (Mad) Dharmalingam versus Chakkravarthi Civil Procedure Code (V of 1908), O. 47, Rule 1, Secs.114 and 152 Review Scope of Mistake crept in the judgment Not an error apparent on the fact of the record Only clerical Error rectified Review is not maintainable.

29-Apr-2005 Quick Review

(2005) 2 MLJ 584 (Mad) Dalmia Cement (Bharat) Limited, Proprietors of Dalmia Magnesite Corporation, Salem, represented by its Assistant Manager, A.Parasuraman versus Uthandi alias Peria Uthandi Civil Procedure Code (V of 1908), O.23, Rule 1(4) Scope of Right to file fresh suit Former suit 30-Mar-2005 for declaration, injunction and possession against defendant and two others Dismissed as not presssed for the present Subsequent suit for declaration and possession only against defendant Quick Review Whether permission of the Court is necessary to file...

(2005) 2 MLJ 552 (Mad) S.Shanmugham versus S.Sundaram and others Civil Procedure Code(V of 1908), O.41, Rules 23 to 29 Partition suit Preliminary decree passed Appeal against preliminary decree Appellate Court remanding the matter to the trial Court Order of remand Whether sustainable Appellate Court has power to receive further evidence or appoint a commissioner No necessity to remit the matter ...

26-Apr-2005 Quick Review

(2005) 2 MLJ 541 (Mad) Palaniappan and others versus Govindaraj and others

Civil Procedure Code (V of 1908), Sec.115 Petition for amendment of the plaint after commencement of trial Dismissed Revision under Sec.115 C.P.C. Not maintainable after the amendment of C.P.C. in 2002.

10-Mar-2005 Quick Review

(2005) 2 MLJ 533 (Mad) S.N.J.Abdul Hakeem and others versus Assisrathul Musthakeem Etheemkhana Trust, represented by its Secretary Dr.Jafarullakhan, Perambalur and others Civil Procedure Code (V of 1908), O. 39, Rule 1 Temporary injunction order passed by Civil Court 11-Apr-2005 Not complied with Remedy of the plaintiff is to apply under O. 39, Rule 2-A or Sec.151, C.P.C. Not to approach Court under Art.226 of the Constitution. Quick Review

(2005) 2 MLJ 530 (Mad) V Mohanan and another versus K. Thanickachalam and others .. Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Suit for declaration that the final decree passed in another suit was null and void Application seeking ad interim injunction, dismissed on the ground that title is yet to be decided Order challenged in appeal Right claimed on the basis of a Will, yet to be probated Earlier application...

5-Apr-2005 Quick Review

(2005) 2 MLJ 502 (Mad) Mazdoor Welfare Trust represented by its Managing Trustee, N.V. Devi,Chennai and another versus The Southern Railway Mazdoor Union, Represented by its General Secretary, N.Kanniah, Chennai and others Civil Procedure Code (V of 1908), Sec.92 Scope and applicability Public Trust Obtaining leave 5-Apr-2005 to sue Part of the Subject matter of the trust (Bank Account) situate within local limits of the Court Leave properly granted. Quick Review

(2005) 2 MLJ 467 (Mad) V.S.Jagadeesan versus Madar Saheb and others (A) Tamil Nadu Court Fees and Suits Valuation Act (XIV of 1955), Sec.25(a), 40 Suit for declaration Sale deeds are null and void No prayer for setting aside Court fees Valuation under Sec.25(a) only. (B) Civil Procedure Code (V of 1908), O.14, Rule 2 Preliminary issue Valuation of Court fee Not a preliminary issue.

5-Apr-2005 Quick Review

(2005) 2 MLJ 426 (Mad) Tamil Nadu Electricity Board represented by Executive Engineer (Operation and Maintenance), Panruti and others versus Chakkaravarthy Civil Procedure Code (V of 1908), Sec.9 Bar of suit Allegation of theft of energy Imposition of 20-Jan-2005 extra levy Suit challenging the order Maintainability Under the Electricity Act appeal is provided Such a remedy cannot be by-passed Suit is not maintainable. Quick Review

(2005) 2 MLJ 422 (Mad) Francisca Pandian versus Joseph and another . . . Civil Procedure Code (V of 1908), O.8, Rule 9 Petition for receiving reply to written statement Dismissed Against the order, civil revision petition filed The plaintiffs right to file reply to written statement cannot be denied Order of the District Munsif set aside.

19-Mar-2005 Quick Review

(2005) 2 MLJ 417 (Mad) K.Vijayavel, Tuticorin . . . versus Tamil Nadu Mercantile Bank Limted, through its Power of Attorney agent and Branch Manager, South Branch, Tuticorin.. . . (A) Civil Procedure Code (V of 1908), O.38, Rule 5 Attachment before judgment When can be 17-Mar-2005 ordered Order of attachment before judgment is a drastic one It interferes with the right of a party to deal with his property or money All requirements of O. 38, Rule 5 should be satisfied before the Quick Review order of attachment is passed.

(2005) 2 MLJ 382 (Mad) Ramesh Ramanujam, Chennai for himself and representing Subramanian and others versus Varadammal and others Civil Procedure Code (V of 1908), O. 6, Rule 17 Amendment of plaint Subsequent to amendment 31-Mar-2005 of C.P.C. Power of Court to allow amendment Proviso to O. 6, Rule 17 contemplates two stages, viz., Pre-trial and post-trial No application for amendment of pleadings is permissible after the completion Quick Review

of trial Intention of the legislature is ...

(2005) 2 MLJ 256 (Mad) In House Productions Private Limited, represented by its General Manager, Mumbai versus Meediya Plus represented by its Partners Ms.Girija Swamy Chandra Kanth and another Arbitration and Conciliation Act (XXVI of 1996), Sec.9 Civil Procedure Code (V of 1908), O. 39, Rules 24-Feb-2005 1 and 2 Arbitral proceedings Interim measures Power of Civil Court Dispute regarding production of tele serial Violation of the terms of memorandum of understanding Arbitration Quick Review clause invoked Jurisdiction of Civil Court Can be inv...

(2005) 2 MLJ 227 (Mad) Kitnammal versus Nallaselvan and others Civil Procedure Code (V of 1908), O.26, Rules 9 and 10 Advocate commissioner Report of Second advocate commissioner appointed without scrapping of the report filed by the first advocate commissioner Subsequently application filed for scrapping the first report Application dismised Revision against that order Appointment of Second ad...

19-Mar-2005 Quick Review

(2005) 2 MLJ 204 (Mad) Palanivelu versus Kannappa Udayar Civil Procedure Code (V of 1908), O.21, Rules 58 Plaintiff, of purchaser of property Defendant Claiming as auction Purchaser Suit instituted against the vender of the plaintiff Claim petition filed by the plaintiff, dismissed as not pressed Subsequently suit filed Dismissed Decree granted by the First Appellate court Challenged in sec...

11-Mar-2005 Quick Review

(2005) 2 MLJ 185 (SC) Vithalbhai Private Limited versus Union Bank of India Civil Procedure Code (V of 1908), Sec.9 Suit Lessor and lessee Lease for fixed term Notice by lessor to quit before the expiry of term Refusal by lessee to quit Repudiation of title of lessor Suit for eviction filed before the expiry of term Written statement filed after expiry of term Plea of prematurity of suit If can be permi...

11-Mar-2005 Quick Review

(2005) 2 MLJ 184 (Mad) V.K.Nanjappan versus Ambalavanan and another Civil Procedure Code (V of 1908), Sec. 100 Evidence Act (I of 1872), Secs.101 to 103 Suit for Mandatory injunction Removal of encroachment sought for Concurrent finding in favour of the plaintiff Second appeal before High Court Burden is on the plaintiff to prove his case But plaintiff has not produced any materials Defendant dispro...

11-Mar-2005 Quick Review

(2005) 2 MLJ 175 (SC) M.P. Housing Board .. versus Anil Kumar Khiwani . . . (A) Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Inter1im injunction Housing Board Shops in commercial complex Allotment Estimated cost and final cost Self Financing Schemes Developer No absolute right to enhance final cost To be proportionate to the initial cast Interim injunction against developer at initial stage C...

14-Mar-2005 Quick Review

(2005) 2 MLJ 171 (SC) Mangal Prasad Tamoli (Dead) by Lrs. versus Narvedeshwar Mishra (Dead) by Lrs. and others Civil Procedure Code (V of 1908), O. 41, Rule 23, Sec.105 Suit for redemption of mortgage Dismissed by lower Courts Order of remand passed by High Court Such order of remand would be an interlocutary judgment It will not terminate proceedings Even if that order was not challenged at that stage, it could be challenged when final order wa...

24-Feb-2005 Quick Review

(2005) 2 MLJ 147 (Mad) K.Subramaniam versus S.Balashanmugam Civil Procedure Code (V of 1908), Sec. 115, O.1 and Rule 17 Constitution of India (1950), Art.227 Examination of witnesses Power to recall Order rejecting an application for recalling a witness, challenged in revision under Art.227 Impugned order cannot be revised under the amended provisions of Sec. 115 of C.P.C. No error of Law, much ...

22-Feb-2005 Quick Review

(2005) 2 MLJ 147 (SC) Rekha Mukherjee versus Ashis Kumar Das and others (A) Civil Procedure Codd (V of 1908), O.47, Rr.1, 7 and 8 Review of judgment and decree Application Effect if allowed Original judgment and decree Ceases to operate New judgment and decree comes into existence No question of appeal against original judgment and decree Application allowed Appeal lay Rejection of application Not...

3-Mar-2005 Quick Review

(2005) 2 MLJ 139 (SC) Dhariwal Industries Limited and another versus M/s M.S.S. Food Products Trade Marks Act (XLVII of 1999), Secs.27 and 29 Civil Procedure Code (V of 1908), O.39, Rules 1, 2 and O.43, Rule 1(r) Passing off action Grant of interim injunction Conditions for Manikchand whether deceptively similar to the mark Malickchand Plaintiff is the prior user of the mark Malikchand Prima facie case in favour of pla...

25-Feb-2005 Quick Review

(2005) 2 MLJ 122 (SC) Govindaraju versus Mariamman Civil Procedure Code (V of 1908), Sec.100 High Court Second appeal Substantial question of law What amounts to Question of law to be based on pleadings Not framing the question of law Illegality Findings of fact Conclusiveness If an when can be interfered with.

4-Feb-2005 Quick Review

(2005) 2 MLJ 116 (SC) Manicka Poosali (Dead) by LRs. and others versus Anjalai Ammal and another Civil Procedure Code (V of 1908), Sec.100 High Court Second appeal Jurisdiction Substantial question of law To be framed Illegal and abdication of duty of Court, otherwise Question of law to be answered Findings of fact Conclusiveness If and when can be set aside.

17-Mar-2005 Quick Review

(2005) 2 MLJ 113 (Mad) Siva Thanu Chettiar and others versus The Executive Officer/Deputy Commissioner, Incorporated and Unincorporated Devaswam, Suchindeeram, Kanyakumari District. Tamil Nadu Hindu Religious and Charitable Endowments Act (XXII of 1959), Sec.57 Civil Procedure Code (V of 1908), O. 39, Rules 1 and 2 Temple Darshan of deity Whether Special Fees can be collected from Devotees Custom Prevailing Tamil Nadu alone can be followed Recognised usage prevailing in the transferred territory must be allowed to ...

8-Feb-2005 Quick Review

(2005) 2 MLJ 103 (Mad) D.Loganathan . versus Venkatachalapathy Metal Works, represented by N.Duraisamy and others Civil Procedure Code (V of 1908), O.32, Rule 6 Mortgage suit Preliminary decree passed Assignee/decree holder seeking permission to proceed personally against third judgment debtor Permission refused Order challenged in Revision Held, only if the amount realized by sale of mortgaged properties is not sufficient, then liberty can be give...

16-Feb-2005 Quick Review

(2005) 2 MLJ 97 (SC) Iridium India Telecom Limited versus Motorola Inc Civil Procedure Code (V of 1908), as amended in 1976 and 2002, O. 8, Rule 1, Secs.129 and 148 Suit filed in the original side of Chartered High Court of Bombay against a foreign corporation Claim for damages of Rs.1,000 crores Extension of time sought for filing written statement Further time granted on condition for costs to plaintiff Ap...

5-Jan-2005 Quick Review

(2005) 2 MLJ 81 (Mad) T.S. Sridharan and another versus M.F. Simon and another (A) Civil Procedure Code (V of 1908), O. 7, Rule 11 Tamil Nadu Court-fees and Suits Valuation Act (XIV of 1955), Sec.25 Suit for declaration with respect to administration of society Consequential relief of injunction also sought Plaintiffs in possession of suit property Right claimed in the plaint is an intangible one, relating to admini...

23-Feb-2005 Quick Review

(2005) 2 MLJ 55 (SC) Bhanu Kumar Jain .. versus Arcchana Kumar and another (A) Civil Procedure Code (V of 1908), O. 9, Rule 13, O. 43 Rule 1(d) and Sec.96(2) Ex-parte decree Remedies available and suit for setting aside the ex-parte decree on the ground of fraud, the defendant

17-Dec-2004

can file an appeal and also application under O. 9 Rule 13, C.P.C. Both proceedings can be taken simultaneously But if the appeal is dismis...

Quick Review

(2005) 2 MLJ 41 (Mad) Devanbu versus Sundara Raj and others Civil Procedure Code (V of 1908), O.8, Rule 9 Additional written statement Filing ofPermissibility Plea of res judicata sought to be taken in additional written statement Trial Court permitting filing of additional written statement Order challenged in revision Plea of res judicata was available to the defendants It was not raised ...

2-Feb-2005 Quick Review

(2005) 2 MLJ 26 (Mad) Sri Balaji Traders, represented by its Managing Partner, Sri Vadagottu Raghunanda Babu, Kotharadha Buildings, Selipeta, Chilakaluripeta, Andhra Pradesh versus United India Insurance Company Limited and others (A) Partnership Act (IX of 1932), Sec.69(2) Civil Procedure Code (V of 1908), O.8, Rule 5(1) Suit 15-Dec-2004 by firm for recovery of money Non-compliance of Sec.69(2) of the Act not raised in the written statement Whether can be raised in the appeal Cannot be raised in appeal Defendants conduct Quick Review Whether amounts to waiver.

(2005) 2 MLJ 1 (SC) M/s.Atma Ram Properties (P) Limited versus M/s.Federal Motors (P) Limited Civil Procedure Code (V of 1908), O.41, Rule 5(1)(3) Delhi Rent Control Act (59 of 1958), Sec.s 14 (1)(b) and 38 (3) Eviction proceedings in respect of non-residential premises Order of eviction passed by Rent Controller On appeal by tenant, stay granted on condition that Rs.15,000 per month was deposited in addition to the contractual rent...

10-Dec-2004 Quick Review

(2005) 1 MLJ 682 (Mad) Hemanathan and another versus N.Kupuswamy and others Civil Procedure Code (V of 1908), Sec.47 Scope and applicability Jurisdiction of the Execution Court very limited in an application under the Section Court cannot go beyond the decree. 24-Jan-2005 Quick Review

(2005) 1 MLJ 592 (Mad) Subramaniam versus Mariappan, represented by his Power Agent Chinnasamy and another Civil Procedure Code (V of 1908), O.26, Rule 9 Advocate Commissioner At appellate stage Permissibility Suit for rectification of documents, dismissed Pending appeal, appointment of Advocate Commissioner Sought for Application allowed Revision against that order Appellate Court has to proceed only on the materials available before ...

18-Jan-2005 Quick Review

(2005) 1 MLJ 577 (Mad) Muslim Middle School represented by its Secretary versus Vedavalli Animal Trust represented by its President 7-Dec-2004 Civil Procedure Code (V of 1908), O.26, Rule 10(3) Appointment of second Advocate Commissioner When can be ordered. Quick Review

(2005) 1 MLJ 573 (Mad) K.N.Palaniswamy Gounder versus P.Subramanian Civil Procedure Code (V of 1908), O.14, Rule 5 Additional issues Framing of Can be framed at any point of time before the passing of the decree. 16-Dec-2004 Quick Review

(2005) 1 MLJ 565 (Mad) K.Palanisami versus R.Gomadhi and others Civil Procedure Code (V of 1908), O.21, Rules 58 and 90 Setting aside of sale Suit for recovery of money Decreed Execution of the decree Attachment of property Decree amount not paid Property sold in Court auction Third party claiming right over the property on the basis of a proper agreement of sale Filing a petition to set aside...

12-Dec-2004 Quick Review

(2005) 1 MLJ 470 (Mad)

Nallathambi versus The Superintendent of Police, Cuddalore Police Station, Cuddalore old Town, Cuddalore and others 29-Dec-2004 Constitution of India (1950), Art.226 Civil Procedure Code (V of 1908), O.20, Rule 32 or 35 Suit is decreed Further action is to ex- , ecute the decree Not to file a writ petition. Quick Review

(2005) 1 MLJ 465 (Mad) Kannatti alias Ramasamy Gounder and another versus Anai Gounder and others (A) Civil Procedure Code (V of 1908), Sec.151 Inherent powers Grant of Police Aid Powers to be exercised by Court in very exceptional circumstances. 20-Jan-2005 Quick Review

(2005) 1 MLJ 444 (Mad) V.K.K.Nair versus Mrs.Kanchan Kawar Civil Procedure Code (V of 1908), O.37, Rule 2 Leave to defend a suit When can be granted Defence must be bona fide. 7-Jan-2005 Quick Review

(2005) 1 MLJ 309 (Mad) Intas Laboratories Private Limited, Ahmedabad and another versus Novartis A.G., Schwarzwaldallee 215 represented by its Power of Attorney M/s.Retushka Negi and others Civil Procedure Code (V of 1908), O. 39, Rules 1 and 2-Patents Act (XXXIX of 1970), Sec.24-B 20-Dec-2004 Appeals against the said interim orders Discretionary power exercised by the single Judge Validity of the EMR can be tested only during trial of the suit Scope of appeals against interim orders is Quick Review limited Appeals disposed of with directions.

(2005) 1 MLJ 194 (SC) Sayed Muhammed Mashur Kunhi Koya Thangal versus Badagara Jumayath Palli Dharas Committee and others Civil Procedure Code (V of 1908), Sec.100 High Court Second appeal Substantial questions of 19-Aug-2004 law To be framed before the appeal is heard Formulating questions in the course of writing the judgment Serious infirmity High Court Interference in findings of fact Unsustainable Suit Quick Review for possession of wakf property Plea of transfer mu...

(2005) 1 MLJ 191 (Mad) G.Ganesan and others versus J.Surendran and others Civil Procedure Code (V of 1908), Sec.115, O.21, Rule 97 Decree for possession of immovable property Obstruction to execution of A petition as Obstructor can be filed only if there are documents to show actual possession Without any document, obstruction petition cannot be entertained Except a bare statement, no evidence available to prov...

2-Dec-2004 Quick Review

(2005) 1 MLJ 178 (Mad) Tmt.S.Devi and others versus M/s.Adilakshmi Animal Dharma Sathiram, Thirukkalikundram represented by its Present Trustee (Santhathis) Thiru P.Srinivasan and others Constitution of India (1950), Art.227 Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 23-Nov-2004 Revision under Scope of Order of ad interim injunction, challenged in revision under Art.227 of the Constitution Whether revision is maintainable Remedy is only to file an appeal Jurisdiction of Quick Review the High Court under Art.227 of the Constitution...

(2005) 1 MLJ 169 (Mad) Kannadasan versus The Assistant Engineer, Public Works Department, Nerotta Utkottam, Aliyar Nagar Tamil Nadu Irrigation Tanks (Improvement) Act (XIX of 1949), Sec.4 Civil Procedure Code (V of 1908), Sec.9 Right to take water through pipelines for irrigation Civil suit for protection of such right Government Order under which right is claimed, not produced Ultimate party is the Government to regulate water supply Civil suit is not ma...

1-Dec-2004 Quick Review

(2005) 1 MLJ 162 (Mad) M/s.Southern Insecticides and Fertilizers, represented by its Partner, Pappu versus M/s.P.N.M.Company (Diamathoate) by its partner, V.K.Thiagarajan Civil Procedure Code (V of 1908), Sec.96 Evidence Act (I of 1872), Secs.101 and 102 Suit on the 18-Nov-2004

basis of supply of goods partly decreed Appeal by the defendant Admitted by the defendant in the written statement as to his liability Plaintiff is entitled to take advantage of the admission of the defendant.

Quick Review

(2005) 1 MLJ 132 (Mad) M/s.New Bharath Enterprises, Madras versus U.Mohan Rao, Madras Civil Procedure Code (V of 1908), O.8, Rule 6-A Suit for recovery of money Dispute between a building construction company and landowner Claim that the defendant was evading the payment of money due to the plaintiff Counter-claim by the defendant for return of amount on the ground that the building had devloped cracks Counterclaim dismiss...

30-Sep-2004 Quick Review

(2005) 1 MLJ 125 (Mad) Murugesa Naicker (died) and others versus Govindaraja Nattar and another (A) Specific Relief Act (XLVII of 1963), Sec.16(c) Specific performance Suit for Plea of readiness and willingness raised in the pleadings Not challenged by the defendant Objection as to readiness and willingness raised for the first time at the appellate stage No issue as to readiness and willingness framed Trail of the suit not vi...

10-Nov-2004 Quick Review

(2005) 1 MLJ 105 (Mad) M.Balasubramaniam versus Gopalakrishna Odayar and another (A) Specific Relief Act (XLVII of 1963), Sec.l6-C Specific performance Relief when can be granted When a person fails to aver and prove that he has performed or was ready and willing to perform the contract, then the contract cannot be enforced No perversity in the findings of the First Appellate Court.

1-Dec-2004 Quick Review

(2005) 1 MLJ 105 (SC) P.S.Sathappan (Dead) by L.Rs. versus Andhra Bank Limited and others Civil Procedure Code (V of 1908) prior to 1976 and 2002 amendments, Secs.104 and 4 Letters Patent of the High Court of Madras, Clause 15 Letters Patent Appeal High Court Nature and extent of power Whether Sec.104(2), C.P. C, prohibits a Letter Patent Appeal Sec. 104(2) of C.P.C., is not a bar to an appeal under Clause 15 of the Letters ...

7-Oct-2004 Quick Review

(2005) 1 MLJ 96 (Mad) Sri Varadharaja Perumal Temple, Thiruppapuliyur through its Executive Officer versus Jeyakumar (A) Civil Procedure Code (V of 1908), O.41, Rule 27 Additional documents sought to be produced at appellate stage Application allowed Subsequently appeal allowed Where additional evidence is allowed, the Court is duty bound to record reasons for it Defendant not proving that despite exercise of the deligence, he was unable to produce the ...

30-Nov-2004 Quick Review

(2005) 1 MLJ 65 (Mad) Srivari Paper Syndicate represented by its Managing Partner, A.Srinivasan versus M/s.Andhra Printers Limited represented by C.H.Venkatesa Rao Civil Procedure Code (V of 1908), O.37, Rule 3(5), proviso Summary suit Leave to defend 5-Nov-2004 Discretion of the Court Defendant admitted claim but disputed payment of interest on claim amount Trial Court granted unconditional leave Revision against that order not illegal Granting of leave Quick Review to defend is discretionary power of Court Order wa...

(2005) 1 MLJ 62 (Mad) Masiammal versus Narasakka and others Civil Procedure Code (V of 1908), Sec.24(l) Transfer of suit Power of District Court Suo motu transfer District Court transferred suit to District Munsif Court Objection allowed Revision against that order Order of District Munsif unsustainable District Court exercised its power under Sec. 24(1) District Munsif Court cannot question s...

8-Nov-2004 Quick Review

(2005) 1 MLJ 50 (Mad) Mariaprakasam versus Upakaramary and others Civil Procedure Code (V of 1908), O.22, Rule 10 Scope and applicability Suit for declaration and injunction Pending the suit the property was sold by the plaintiff Death of the plaintiff subsequently Plaintiffs daughter filing the petition for impleading Death of the daughter of the

17-Nov-2004 Quick Review

plaintiff Defendant also died Purchaser of the su...

(2005) 1 MLJ 44 (Mad) C.Vaiyapuri Gounder and others versus The Commissoner, H.R. & C.E. (Administration Department), Chennai and others Civil Procedure Code (V of 1908), O.23, Rule 1 Withdrawal of suit with liberty to file a fresh suit 18-Nov-2004 At appellate stage Permissibility Application for withdrawal of suit dismissed Revision against that order To avoid multiplicity of proceedings, the suit can be permitted to be withdrawn with Quick Review liberty to file afresh suit Impugned order s...

(2005) 1 MLJ 44 (SC) Mathakala Krishnaiah versus V.Rajagopal Civil Procedure Code (V of 1908), Sec.100 Second appeal Substantial question of law Memorandum of appeal shall state the substantial question of law involved or High Court shall formulate such question Second appeal shall be heard on question so formulated Impugned judgment does not disclose that any substantiql question of law was formul...

15-Oct-2004 Quick Review

(2005) 1 MLJ 20 (Mad) United India Insurance Company Limited, Mosque Street, Tindivanam versus R.Sathiyanarayanan, S/o.Rajaram and others (A) Motor Vehicles Act (IV of 1939), Secs.149 and 170 Civil Procedure Code (V of 1908), O.41, Rule 10-Nov-2004 22 Motor accident claim Award passed Appeal by insurance company Cross-appeal by claimant Prior permission under Sec.170 was not obtained Whether the appeals and cross-appeals Quick Review are not maintainable.

(2004) 4 MLJ 726 (Mad) Sellappa Gounder versus The State of Tamil Nadu represented by the District Collector, Namakkal and another Civil Procedure Code (V of 1908), O.26, Rule 9 Commissioner Appointment of Suit for grant of 8-Nov-2004 2-C patta Pending Application for appointment of a Commissioner to find out the age of the coconut trees Application dismissed Cost imposed Revision against that order by the plaintiff Quick Review Imposition of cost not justified.

(2004) 4 MLJ 708 (Mad) Jayakumari Babu versus B.Amilnathan-now-B.Amalanathan and others (A) Civil Procedure Code (V of 1908), Sec.100 Second appeals admitted on substantial questions of law Application for framing additional substantial questions of law Plea as to the maintainability of the suit regarding jurisdiction taken Issue raised for the first time in High Court Not taken at the earliest point of time Plea not raise...

18-Nov-2004 Quick Review

(2004) 4 MLJ 685 (Mad) M/s.PVG Industries, Coimbatore versus M/s.Premier Industries Drives Private Limited, having its regsitered office at Coimbatore 1-Nov-2004 Civil Procedure Code (V of 1908), O.39, Rule 2-A Consequences of disobedience of order or breach of injunction. Quick Review

(2004) 4 MLJ 684 (Mad) R.Lakshmanan versus Mannarsami and others Civil Procedure Code (V of 1908), O.47, Rule 1 Review petition Has a limited purpose Cannot be allowed to be an appeal in disguise. 19-Oct-2004 Quick Review

(2004) 4 MLJ 535 (Mad) M.Radheshyamlal versus Shailesh (A) Civil Procedure Code (V of 1908), Sec.104, O.43, Rule 1(d) and O.47 Suit for declaration and injunction Decreed ex parte Petition to set aside ex parte decree allowed Application to review that order, dismissed Appeal filed before Division Bench Whether appeal is maintainable Appeal would lie only when the application under O.9, ...

22-Sep-2004 Quick Review

(2004) 4 MLJ 518 (Mad) M/s.Chokhani International Limited, represented by its Managing Director, NewDelhi versus M/s.Pachiappan Enterprises, represented by Sole Proprietor, Mrs.Revathy Gunasekaran, Chennai Civil Procedure Code (V of 1908), 0.37, Rule 3 Summary suit Application for leave to defend 16-Aug-2004 Maintainability of suit Aspersions on the bills on which claim based Triable issues Leave granted. Quick Review

(2004) 4 MLJ 484 (Mad) Muthu versus K.V.Padmavathi and others Civil Procedure Code (V of 1908), O.9, Rule 13 and 0.17, Rules 2 and 3 Suit for specific performance Ex parte decree passed on 24.2.1997 Application to set aside the ex parte decree filed within thirty days Ex parte decree set aside Order challenged in revision The judgment was not rendered on merits Provisions of 0.17, Rules 2 and...

17-Sep-2004 Quick Review

(2004) 4 MLJ 481 (Mad) Usha Rangarajan versus Arulmighu Anjayaswamy Thirukoil, Salem represented by its Takkar R.Jagannathan, His office at Arulmighu Ekambareswarar Kamatchiamman Temple, Salem and others Civil Procedure Code (V of 1908), O. 6, Rule 17 Suit for bare injunction Amendment seeking 1-Oct-2004 prayer for mandatory injunction and removal of construction Proposed amendment opposed as being time barred Application allowed Revision against that order if the proposed amendment Quick Review is disallowed, it will lead to multiplicity of proceedings Corr...

(2004) 4 MLJ 434 (Mad) M/s.PPN Power Generating Company Limited, represented by its Managing Director, Mr.S.Narayanan, Chennai versus PPN (Mauritius) Company, Mauritius and others (A) Companies Act (I of 1956), Secs.10-F and 403 Company Law Board Regulations (1991), 8-Oct-2004 Regulation 44 Company Law Board Inherent powers of Appellate Court interfere with the order of the Company Law Board when permissible High Court in appeal Interfere with the order of Quick Review Company Law Board If High Court cannot re-assess materials and rea...

(2004) 4 MLJ 415 (Mad) S.R.Surendiraraj versus Komalavalli and others (A) Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), as amended by Act XXIII of 1973 Sec.10(3)(c) Petition for eviction on the ground of additional accommodation Eviction ordered Execution petition by the landlord Death of the landlord Legal representatives of the landlord brought on record Petition by the tenant pra...

16-Aug-2004 Quick Review

(2004) 4 MLJ 380 (Mad) V.Subramanian versus Union of India, represented by its Secretary to Ministry of Law and Justice, Department of Justice, New Delhi and others (A) States Reorganisation Act (XXXVII of 1956), Sec.52(2) Presidential Order Titled The Madras 8-Oct-2004 High Court (Establishment of Permanent Bench at Madurai) Order, 2004 Constitutionality of the order Tamil Nadu whether a new State. Quick Review

(2004) 4 MLJ 328 (Mad) M.Kayethey Ajam versus Ananthi alias Ameena Bivi and others Civil Procedure Code (V of 1908), Sec.151 Appeal heard and posted for judgment Two applications filed one to re-open the appeal and for examining additional witnesses Both the petitions allowed by the lower Court Revision petition against that order.

16-Aug-2004 Quick Review

(2004) 4 MLJ 260 (Mad) M/s.Hindustan Construction Company Limited, Bombay versus Tamil Nadu Electricity Board, represented by its Secretary, Chennai and another 4-Aug-2004 (A) Arbitration Act (X of 1940), Secs. 17, 30, 35 Award Non-speaking award Courts cannot lightly interfere with. Quick Review

(2004) 4 MLJ 245 (Mad)

The Karur Vysya Bank Limited having its Branch Officer, Tirupur represented by its Branch Manager versus Corporation Bank, SSI Branch, Tiruppur represented by its Branch Manager Civil Procedure Code (V of 1908), O.12, Rule 8 Bankers Books Evidence Act (XVIII of 1891), Sec. 6 22-Sep-2004 Application filed for an order directing production of certain documents Application ordered Revision against that order Relevancy or utility of the documents Can be explored only during trial Quick Review Court has got the power to inspect books, wit...

(2004) 4 MLJ 185 (Mad) Karpoora Sundarapandian Ramalakshmi Ammal Kalvi Valarchi Kuzhu, (Educational Agency) and another versus The Director of School Education, Chennai and others (A) Civil Procedure Code (V of 1908), O. 1, Rule 10 Application filed Seeking transposition of 22-Jul-2004 defendant as plaintiff Validity Defendant filed memo agreeing to accept the decision taken by the Court Later filed application to transpose her as plaintiff Not entitled to seek such a relief Relief Quick Review in the suit over As the memo filed is s...

(2004) 4 MLJ 165 (SC) Shyam Sundar Sarma versus Pannalal Jaiswal and others Civil Procedure Code (V of 1908), O. 9, Rule 13 Explanation as amended by 1976 Act Petition to set aside ex parte decree Appeal against the ex parte decree also filed Dismissal of appeal on the bar of limitation Petition to set aside ex parte decree will not lie.

4-Nov-2004 Quick Review

(2004) 4 MLJ 147 (Mad) G.Janakiraman versus Mrs.G.P. Savithri and others Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960 as amended by Act 23 of 1973 and 1 of 1980) Civil Procedure Code (V of 1908), O.1, Rule 10 Eviction petition Allegations of wilful default and subletting Dismissed, by the rent controller Appeal, pending Subsequent purchaser sought to be impleaded as appellant Application a...

15-Jul-2004 Quick Review

(2004) 4 MLJ 131 (Mad) Muthamilselvan and others versus A.Manickam and others. (A) Civil Procedure Code (V of 1908), Sec.9 Jurisdiction of Civil Court Suit for declaration of right to temple honours Not maintainable. 27-Aug-2004 Quick Review

(2004) 4 MLJ 118 (SC) P. Janardhana Rao versus Kannan and others Civil Procedure Code (V of 1908), O.21, Rule 97 Suit for ejectment Decree obtained Execution of the decree Obstruction by a person claiming to be in possession Such objections are barred by the provisions of O.21, Rule 97, C.P.C.

12-Oct-2004 Quick Review

(2004) 4 MLJ 115 (SC) Metro Marins and another versus Bonus Watch Co. Pvt. Ltd. and others Civil Procedure Code (V of 1908), O. 39, Rule 1 Interim manadatory injunction Grant of Principles to be followed. 10-Sep-2004 Quick Review

(2004) 4 MLJ 106 (Mad) R.Ramachandran versus Vaibhav Agarwal and others Civil Procedure Code (V of 1908), O. 37, Rule 3 Summary suits for recovery of money on the basis of pronotes Applications seeking leave to defend, dismissed No triable issued is involved. 29-Jun-2004 Quick Review

(2004) 4 MLJ 99 (SC) Fargo Freight Limited versus The Commodities Exchange Corporation and others (A) Letter of Credit Nature and scope Issuing bank Role of Not concerned with contract or dispute between the opener and beneficiary Issuing bank cannot be called upon to extend validity period in the absence of fraud or some other fact High Court direct the party to keep alive Letter of Credit Issuing bank keeping Letter of Credit al...

3-Aug-2004 Quick Review

(2004) 4 MLJ 87 (Mad) M/s.Rahima Printers represented by its Partners and others versus L.M.Kishan Chand Civil Procedure Code (V of 1908), 0.37, Rules 3 and 3(5) Suit for recovery of loan amount Grant of leave To defend the suit Petitioner claiming there are triable issues for consideration The affidavit does not positively make it clear that he has a defence Sufficient facts to entitle him to defend the suit Validity.

8-Jul-2004 Quick Review

(2004) 4 MLJ 65 (Mad) M/s.United Solvent Extractions Private Limited versus The Tamil Nadu Civil Supplies Corporation Limited, represented by its Regional Manager, Vellore (A) Contract Act (IX of 1872), Sec.2 Call for tenders Highest bidder Failing to act as per terms of 4-Aug-2004 the tender Contract awarded to third party Suit filed against the defaulting party for loss sustained due to breach of contract Acceptance of offer and intimation of same are essential ingredients of a Quick Review concluded contract.

(2004) 4 MLJ 60 (SC) Narayanan versus Kumaran and others (A) Civil Procedure Code (V of 1908), O. 43, Rule l(u) and Sec.100 Appeal To set aside the remand order of lower appellate Court Scope and interpretation of O. 43, Rule l(u). 16-Mar-2004 Quick Review

(2004) 4 MLJ 54 (SC) B.S.Adityan and others versus B.Ramachandran Adityan and others Civil Procedure Code (V of 1908), Sec.92 Grant of leave To a party to file a suit under Sec.92 Whether Court should give notice to the defendants before granting leave Court is not bound to do so Grant of leave without notice to defendant cannot be regarded as defeating or prejudicing any right of the proposed defendants Grant of leave ...

16-Apr-2004 Quick Review

(2004) 4 MLJ 53 (Mad) C.Narayana Reddy versus State Bank of India (Agricultural Development), Hosur Branch, Hosur and others (A) Banking Regulation Act (X of 1949), Sec.21-A Transaction between the banking company and its 10-Aug-2004 debtor Rate of interest charged Power of the Court to re-open any transaction If the interest charged is excessive and in contraventions of circulars directions issued by the R.B.I. Court has power Quick Review to go into the question and find out whether ...

(2004) 4 MLJ 39 (Mad) Suguna Poultry Farm Limited, Coimbatore and others versus Arul Mariamman Textiles Limited, Pollachi, represented by its Managing Director, R.V.S.Marimuthu and another (A) Constitution of India (1950), Art. 227 Civil Procedure Code (V of 1908), Sec.16 Territorial 28-Jul-2004 jurisdiction of Court Suit for injunction Filed in Court at Pollachi Cause title indicating that the plaintiff alone lives at Pollachi None of the defendants within the territorial jurisdiction of that Court Quick Review Subject-matter of the suit also ...

(2004) 3 MLJ 658 (Mad) Shakunthala Devi mentally unsound person represented by her guardian and next friend Saisunitha versus K.S.Naidu and another Civil Procedure Code (V of 1908), O.32, Rules 3 and 15 Person of unsound mind Appointment of 26-Jul-2004 guardian When can be ordered Court whether has got powers to examine the alleged lunatic either in open Court or in chambers in the presence a medical expert Court whether can compel the Quick Review attendance of the alleged lunatic to submit for medical exam...

(2004) 3 MLJ 654 (Mad) A.Manonmani versus A.Sivasubramanian Civil Procedure Code (V of 1908), O.32, Rules 1 to 14 Petition for grant of probate Opposed Allegation that the testator was more than 80 years old Not having a sound mental and physical capacity Further the consent affidavit obtained from one of the respondents questioned The petitioner had not availed the purchase available under O.32...

22-Jul-2004 Quick Review

(2004) 3 MLJ 637 (Mad) Kamadhenu Super Market, represented by General Manager, Madras-18 versus Agurchand Manmull Jain College, managed by Sri S.S.Jain Educational Society represented by its General Secretary, Meenambakkam, Madras (A) Civil Procedure Code (V of 1908), Sec.20(b) Institution of suit Defendant running 5-Aug-2004 supermarket within the city limits Suit for recovery of money instituted before the City Civil Court Suit is maintainable. Quick Review

(2004) 3 MLJ 603 (Mad) T.R.Govindasamy and others versus T.R.Natarajan and others Civil Procedure Code (V of 1908), O.8, Rule 9 Grant of leave to file additional written statement No new averments made Right of plaintiffs not prejudiced Leave to file additional written statement must be granted.

16-Jul-2004 Quick Review

(2004) 3 MLJ 592 (Mad) Sri-La-Sri Shanmugha Desika Gnanasambanda Paramacharya Swamygal Avargal, Dharma Adheenam, Dharmapuram versus N.Rangasamy Civil Procedure Code (V of 1908), Sec.100 Religious mutt Suit for recovery of property 16-Mar-2004 Defendant son of deceased caretaker Claiming title and possession to mutt property Finding by the lower Court that the said property would come under Abolitionh Act thereby relief not granted Suit Quick Review dismissed Such plea not taken in the written stateme...

(2004) 3 MLJ 587 (Mad) L.Narayan Reddy versus P.Narayan Reddy and others (A) Civil Procedure Code (V of 1908), O.6, Rule 17 (as amended by Act 22 of 2002) Scope and applicability Amendment whether applicable to the suits filed prior to 2002 As per the amended Act said provision is not applicable to any pleadings filed prior to 2002.

16-Jul-2004 Quick Review

(2004) 3 MLJ 572 (Mad) Dharmalingam versus Pavalkodi Civil Procedure Code (V of 1908), O.21, Rules 37 and 38 Arrest of judgment-debtor When can be ordered Judgment-debtor is a collie He does not have any means to satisfy the decree When a person does not have any means to clear of his debts, he cannot be arrested Order directing arrest of the judgment-debtor set aside.

6-Jul-2004 Quick Review

(2004) 3 MLJ 543 (Mad) S.V.S.Oil Mills, represnted by its Partner, S.V.Chandrapandian, Chennai versus M/s.S.V.N.Agro-refineries, Chennai and another Trade and Merchandise Marks Act (XLIII of 1958), Sec.28 Civil Procedure Code (V of 1908), O. 39, 28-Jun-2004 Rules 1 and 2 Infringement of trade mark Action for Grant of interim injunction Colour scheme and get up of the labels used by the defendants are similar to that of the plaintiff Plaintiffs Quick Review mark is well established and has reputation If de...

(2004) 3 MLJ 531 (Mad) Retnasawamy versus Justin Civil Procedure Code (V of 1908), Sec.47 Suit for redemption and decreed Execution of But more extent delivered Executing Court holding that delivery can be effected by the amin, cannot be recorded Order challenged in revision Plenary power conferred under Sec.47, C.P.C., empowers the Court to determine all questions relating to executi...

9-Jul-2004 Quick Review

(2004) 3 MLJ 524 (Mad) M.Murugan versus L.A.MuthualiasL.Angamuthu and others Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Whether the proposed amendment would (a) alter the character of the plaint and (b) change the cause of action Trial Court has not considered the two requisites Impugned order dismissing amendment application, set aside.

21-Jun-2004 Quick Review

(2004) 3 MLJ 518 (Mad) Chinnammal and others versus Kuppusamy Civil Procedure Code (V of 1908), O.21, Rule 32 Transfer of Property Act (IV of 1882), Sec.52 Decree for specific performance Execution of Purchase of suit property during pendency of the suit

19-Jul-2004

Hit by the doctrine of lis pendens Executing Court Cannot go beyond the decree Decree for specific performance executable.

Quick Review

(2004) 3 MLJ 504 (Mad) Pannerselvam versus Muthukrishna Naidu Civil Procedure Code (V of 1908), Sec.47, O.21, Rule 90 and O.43, Rule 1(j) Execution proceedings Court auction sale challenged by the judgment-debtor by invoking Sec.47, C.P.C. Allegation of irregularities in conducting Court auction sale Application allowed Order challenged by the auction purchaser in appeal Appeal dismissed on the ...

8-Apr-2004 Quick Review

(2004) 3 MLJ 480 (Mad) Syed Malik Batcha (Deceased) and others versus Syed Ahmed Batcha and others Civil Procedure Code (V of 1908), Sec.100 Second appeal Against dismissal of suit for ejectment by Courts below Title of suit property Challenged Suit property leased out as vacant site Superstructure put up lessee and let out for rent Petitioner allotted suit property through partition arrangement Admissible in evidence for collate...

15-Jun-2004 Quick Review

(2004) 3 MLJ 421 (Mad) Lalji Rao and others versus Jayarama Rao alias Jawaharlal Rao and another (A) Hindu Law Settlement deed Construction As per terms of settlement deed two brothers to enjoy suit property equally for life Thereafter their children to take equally Intention of executor to be gathered from language of document Reading 1st and 2nd paragraphs of settlement deed together, clear that share to be taken by their childre...

23-Apr-2004 Quick Review

(2004) 3 MLJ 399 (Mad) Chellammal versus Venkitammal Civil Procedure Code (V of 1908), O.8, Rule 9 Reply statement Filing of Whether plaintiff is entitled to file reply statement Provisions of O.8, Rule 9, C.P.C. enable the defendant to file additional written statement Plaintiff can also invoke the said provision for filing reply statement On facts held the applicationby plaintiff seekin...

21-Jun-2004 Quick Review

(2004) 3 MLJ 396 (Mad) Meenakshiammal and others versus Gopalakannan and others Civil Procedure Code (V of 1908), O.13, Rule 2 Documents Rejection of Power of the Court Application by legal representatives of the deceased plaintiff to mark documents, rejected Revision against that order Suit is one for declaration and injunction Trial Court is not justified in refusing to mark the documents, even at the threshhol...

25-Jun-2004 Quick Review

(2004) 3 MLJ 382 (Mad) Sri Srinivasamurthy Mandiram represented by its Executive Trustee, D.Srinivasan versus Mrs.Gnanasoundari Civil Procedure Code (V of 1908), O.6, Rule 16(a) and (b) and O.8, Rule 9 Additional written 25-Jun-2004 statement Pleadings When can be struck off If the defence raised is unnecessary, scandolous, frivolous, vexatious, it can be struck off Averments in the additional written statement which are Quick Review relevant to subject matter of suit cannot be struck off...

(2004) 3 MLJ 380 (Mad) Baby Chitra versus K.Radhakrishnan Civil Procedure Code (V of 1908), Sec.24 Matrimonial proceedings Transfer petition Filed by wife Seeking transfer of case from Chennai to Madurai Family Court Wife permanent resident of Madurai Not convenient for a lady to travel from Madurai to Chennai Matrimonial proceedings order to be transferred to Madurai.

14-Jun-2004 Quick Review

(2004) 3 MLJ 362 (Mad) VenugopalaliasAlagarsamy (died) and others versus Bajanai Alagarsamy and another Civil Procedure Code (V of 1908), O.41, Rule 31 Land leased For excavating earth to make bricks Land alleged to be exploited Claim for recovery of possession and compensation Agreement entered into between parties not registered Lower appellate Court refused to grant relief as unregistered document cannot be considered even for collater...

16-Jun-2004 Quick Review

(2004) 3 MLJ 359 (Mad) Perumal Naicker versus Rathina Naicker and another Civil Procedure Code (V of 1908), Sec.91 Mandatory injunction For removal of obstruction of public pathway Filed in representative capacity Maintainability Obstruction of public pathway Leading to places of vital importance Affecting general public causing public nuisance Individuals Affected by public may file suit for relief.

15-Jun-2004 Quick Review

(2004) 3 MLJ 342 (Mad) Chokkaiya Chettiar and others versus T.Sivakumaran and another Constitution of India (1950), Art.227 Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Supervisory jurisdiction under Art.227 When can be invoked Whether order of interim injunction can be challenged by invoking the jurisdiction under Art.227 Cases in which the jurisdiction under Art.227 can beinvoked, enumerated On facts held, the...

12-May-2004 Quick Review

(2004) 3 MLJ 321 (Mad) M/s.Keen Engineers represented by its Partner, Mr.V.Venkateswaran and another versus Mrs.Vijayalakshmi Jayaraman and others Arbitration Act (XXVI of 1996), Secs.5, 7 and 8 Civil Procedure Code (V of 1908), Sec.9 Clause in 7-Feb-2004 Partnership deed to resolve disputes through arbitration Application to dismiss suit rejected Order challenged in revision Though the partnership deed contains an arbitration clause it shall not Quick Review prevent the parties from approaching the Civil ...

(2004) 3 MLJ 306 (Mad) Bond Food Products Private Limited, Registered Office, Bangalore and another versus M/s.Planters Airways Limited, Bangalore (A) Civil Procedure Code (V of 1908), O.41, Rule 33 Jurisdiction of trial Court Challenged by the 8-Apr-2004 defendant No appeal or cross-appeal preferred by the defendant Discretion of the appellate Court to entertain the matter To meet the ends of justice parties entitled to agitate the matter. Quick Review

(2004) 3 MLJ 250 (Mad) Ramasamy Pandithar versus Ramalinga Kounder Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Suit for permanent injunction to include one for recovery of possession Patta assigned to petitioners before trial stage Land trespassed after suit was filed Amendment of plaint Prayer No new case set up in the amendment petition Petitioner can amend the plaint.

22-Apr-2004 Quick Review

(2004) 3 MLJ 188 (SC) Thiagarajan and others versus Sri Venugopalaswamy B.Koil and others (A) Civil Procedure Code (V of 1908), Sec.100 Second appeal Question of law Framed at the time of rendering judgment in second appeal High Court in second appeal not considering substantial question of law formulated at the time of admission of second appeal High Court held to have committed patent errors in disposing the second appeal.

16-Mar-2004 Quick Review

(2004) 3 MLJ 183 (SC) Pukhraj D.Jain and others versus G.Gopalakrishna Civil Procedure Code (V of 1908), Sec.10 Stay of suit Matter in issue is directly and substantially in issue in a previously instituted suit between the same parties Validity Mere filing of application under Sec.10 Does not put an embargo on power of Court to examine merits of the suit Suits instituted subsequently can be decided on pur...

16-Apr-2004 Quick Review

(2004) 3 MLJ 153 (SC) M/s.Gupte Cardiac Care Centre and Hospital versus Olympic Pharma Care Private Limited Civil Procedure Code (V of 1908), Secs.25 and 10 Supreme Court Transfer of suits Expediency for ends of justice Suits arising out of same transaction Same cause of action Identity of parties Transfer to place where the earlier suit was filed.

6-Apr-2004 Quick Review

(2004) 3 MLJ 146 (SC)

Union of India versus Karam Chand Thapar and Brothers (Coal Sales) Limited and others Civil Procedure Code (V of 1908), O.8, Rule 6 Set off Legal and equitable Distinction Equitable set off Discretion of Court Coal mining Coal company Mining lease under contract Royalty under, payable to Central Government Stowing allowance payable under the Statute by Central Government to coal company Arrears of royalty Set...

10-Mar-2004 Quick Review

(2004) 3 MLJ 138 (Mad) Venus Chit Fund and Finance Corporation, represented by itsManaging Partner, A.Ilango versus The Pondichery Cooperative Housing Society Limited, represented by its Secretary, Pondichery and others 30-Mar-2004 Civil Procedure Code (V of 1908), Sec.73, First proviso (a) Court auction Proceeds of execution sale Rateable distribution of surplus Mortgagee is not entitled for rateable distribution of surplus. Quick Review

(2004) 3 MLJ 64 (SC) State of Himachal Pradesh versus Chander Dev and others Civil Procedure Code (V of 1908), Sec.100 Second appeal Failure to formulate substantial question of law Effect of Second appeal cannot be disposed of without formulating substantial question of law.

12-Feb-2004 Quick Review

(2004) 3 MLJ 62 (SC) Aboobacker Babu Haji and others versus Edakkode Puthummakutty Umma (D) by L.Rs. Civil Procedure Code (V of 1908), Sec.122 and O.34 Power of High Court High Courts have power to annul, alter or add to any rules specified in first Schedule If the High Court deems it appropriate that instead of two stages of a mortgage decree, there should be one composite decree it does not amount to excessive legislation It is within th...

12-Feb-2004 Quick Review

(2004) 3 MLJ 56 (Mad) A.Koman versus T.S.Balasubramaniyan (A) Evidence Act (I of 1872), Sec.116 Rule of estoppel Possession not openly restored to the landlord by surrender Tenant in possession cannot deny landlords title Rule of estoppel Restricted to denial of landlords title at the commencement of tenancy Threat of eviction by service of notice by paramount title holder Sufficient for t...

30-Apr-2004 Quick Review

(2004) 3 MLJ 53 (Mad) S.Ramachandran, S/o. Subba Reddy, Neerathan, Vadipatti Town, Madurai District versus G.Subbaraj, S/o.K.S.Gurusamy Reddiar and others Civil Procedure Code (V of 1908), Sec.114, O.47, Rule 1 Scope of review is very restricted Review can be made only on three grounds Review means an act of looking With a view to improve the judgment.

16-Apr-2004 Quick Review

(2004) 3 MLJ 49 (Mad) M/s.Central Bank of India, represented by its Branch Manager, Virudhunagar versus J.Maria Jesu Kennady and others Legal Practitioners Fees Rules (1973), Rule 3(2)(a) and (b) Civil Procedure Code (V of 1908), O. 34, 25-Mar-2004 Rules 4 and 5 Mortgage suit Application filed by the plaintiff to award the schedule fees in accordance with the Legal Practitioners Fees Rules Pleaders fees should be commensurate with the Quick Review volume and quantity of expertise put in Legal pra...

(2004) 3 MLJ 7 (SC) Uma Devi Nambiar and others versus T.C.Sidhan (Dead) (A) Succession Act (XXXIX of 1925), Sec.88 Will Inconsistent or ambiguous Interpretation Intention of the testator True intention of the testator may be ascertained only on construing the Will as a whole Intention to be primarily gathered from the language of the Will.

11-Dec-2003 Quick Review

(2004) 2 MLJ 724 (Mad) Sivasamy versus Raju Mudaliar and others Civil Procedure Code (V of 1908), Sec.47 Final decree passed in a suit for partition Execution laid for delivery of property Whether a third party can maintain an application under Sec.47 claiming title to property A third party has no locus standi to maintain an application under Sec.47, C.P.C. Executing Court cannot go beyond the decr...

27-Apr-2004 Quick Review

(2004) 2 MLJ 722 (Mad) M.Chokkappan versus C.Selvaraj Civil Procedure Code (V of 1908), Secs.152 and 153 Tamil Nadu Buidlings (Lease and Rent Control) Act (XVIII of 1960 as amended by Act XXIII of 1973 and I of 1980), Sec.18 Rent control proceedings, eviction order put in execution Delivery ordered Delivery warrant returned for want of survey number Application to incorporate survey number ...

7-Apr-2004 Quick Review

(2004) 2 MLJ 701 (Mad) The Airport Director,Airport Authority of IndiaChennai Airport, Chennai versus Gnanasekaran Civil Procedure Code (V of 1908), O.9, Rule 13 Ex parte decree Application to set aside Dismissed on the ground that the party had not filed the affidavit and only the Advocate has filed the affidavit Revision to High Court Any person who is conversant with the facts is entitled to file the affidavit Concerned Advocate holdgs vakalat ...

30-Apr-2004 Quick Review

(2004) 2 MLJ 677 (Mad) Mrs.Kasturi Gandhi and another versus B.Shanmugaraja and another Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint schedule Permissibility Suit for declaration, possession and injunction dismissed Appeal papers returned for want of measurements regard B schedule Application to amend the B schedule dismissed Order challenged in revision Mistake in describing B schedule propert...

22-Apr-2004 Quick Review

(2004) 2 MLJ 666 (Mad) J.Vijaya Bhaskar and others versus J.Jayalakshmi and others Civil Procedure Code (V of 1908), O.8, Rule 9 Revision against the order permitting the legal representatives of the deceased defendant to file additional written statement Legal representative are not entitled to plead other than what is already pleaded But the legal representatives can be permitted to let in evidence based upon the pleading...

19-Apr-2004 Quick Review

(2004) 2 MLJ 660 (Mad) Arulmigu Adhisakthi Siva Bala Subramanya Temple, Thirumanikuzhi by Hereditary Trustee, Adhi Sakthi Siva Shanmugha Raja Anaikuppam, Cuddalore versus The Executive Officer, Arulmigu Vamanapureswarar Temple, Thirumanikuzhi Village,having its office at Sree Anjaneyar Temple, Thirupapuliyur, Cuddalore Civil Procedure Code (V of 1908), O.7, Rule 11 Revision against an order rejecting the plaint 19-Apr-2004 Earlier suit withdrawn with liberty to file a fresh suit Direction that the costs of the earlier suit to be paid or deposited at the time of institution of the fresh suit Failure to do so Whether the Quick Review subsequent suit is liable to be rejected at th...

(2004) 2 MLJ 647 (Mad) Ram Narayan Bhattad versus Tmt.Krishna Bai Jhaver and others Civil Procedure Code (V of 1908), Secs.38, 39, 42 and O.21, Rules 5 and 21 Simultaneous execution in two or more Courts Permissibility Simultaneous execution is permissible subject to grant of permission by the Court in exceptional cases which passed the decree.

1-Mar-2004 Quick Review

(2004) 2 MLJ 636 (Mad) K. Rajmanickam and another versus Periyar Self Respect Propaganda Institution, Tiruchirapalli and others Civil Procedure Code (V of 1908), Sec.92 and Societies Registration Act Trial Court Granting leave 10-Mar-2004 to sue a registered Trust Maintainability Petitioners seeking permission to sue the Trust by filing application under Sec.92, C.P.C. Trust obtaining permission under Sec.92, C.P.C. Hence, Quick Review maintainable.

(2004) 2 MLJ 620 (Mad) T.Gunaseelan versus M.Thamilselvi Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Permissibility of Amendment sought on the ground of recovery of possession Pre-trial amendment To be allowed liberally than after commencement of trial Amendment application is permissible if independent suit is maintainable.

22-Mar-2004 Quick Review

(2004) 2 MLJ 581 (Mad) The Executive Officer, Kolappalur Town Panchayat, Kolappalur versus M/s.Max Well Apparel Industries Limited by its General Manager, Gobichettipalayam Civil Procedure Code (V of 1908), O.18, Rule 17 Re-opening the case for cross-examination 26-Mar-2004 Allowability Defendants failed to cross-examine the witness inspite of grant of time Interlocutary application filed giving sufficient reasons for the absence Defendants are entitled to be given Quick Review opportunity for cross-examination.

(2004) 2 MLJ 551 (Mad) K.Durai Thiruvaukkarasau versus Devathal and others Civil Procedure Code (V of 1908), O.21 Decree Executability of Wife re-uniting with the husband after obtaining a decree for maintenance and bearing another child Third party purchaser filing a claim petition The decree which has become non-est could not continue to be in force in respect of the subsequent purchaser.

10-Mar-2004 Quick Review

(2004) 2 MLJ 530 (Mad) S.Ponnuthai versus P.Muthusamy (A) Civil Procedure Code (V of 1908), O. 39, Rule 1 and Specific Relief Act (XLVII of 1963), Sec.38 Injunction Agreement holder Possession not handed over on the date of agreement No proof of threat of interference Entitlement to equitable remedy must be proved.

8-Apr-2004 Quick Review

(2004) 2 MLJ 513 (Mad) Govinda Koundar versus P.Natarajan and another Civil Procedure Code (V of 1908), Sec.96(4) Second appeal Maintainability Value of subject matter Amounting to Rs.1,000 Appeal lies only when subject matter in original suit exceeds Rs.10,000.

1-Apr-2004 Quick Review

(2004) 2 MLJ 505 (Mad) V.K.Ramaprasath and others versus C.R.Sivanandam and others Civil Procedure Code (V of 1908), O.18, Rules 4 and 5 Evidence Act (I of 1872), Secs.137 and 141 Appealable cases Examination-in-chief Proof affidavits Permissibility of Recording of evidence or directing filing of affidavit of proof is in the discretion of Court depending on the case Affidavit is permissible Party must enter the wi...

17-Mar-2004 Quick Review

(2004) 2 MLJ 497 (Mad) Rajendra Kumar versus K.N.V.Natarajan and others (A) Civil Procedure Code (V of 1908), Sec.47 Right of auction purchaser Protected only in case of bona fide purchasers Auction purchaser purchased the property of judgment-debtor in pursuance of ex parte decree Said ex parte decree set aside Interest of the auction purchaser can be protected only if he is a bona fide purchaser.

12-Mar-2004 Quick Review

(2004) 2 MLJ 469 (Mad) K.P.Venkatachalam and another versus Ponnusami and others Civil Procedure Code (V of 1908), O.13, Rule 3 Civil Rules of Practice, Rules 7(3), 29, 30, 31 Suit for Commissioner appointed Commissioners report and plan sought to be marked Permission refused Contesting defendants not made parties to the Commissioner application Commissioners report and plan to which the contesting defendants are...

22-Mar-2004 Quick Review

(2004) 2 MLJ 449 (Mad) Sathyamoorthy Co-operative Building Society Limited, represented by its Special Officer versus T.R.Srinivasamoorthy Civil Procedure Code (V of 1908), O.8, Rule 1 Effect of Amendment Acts 46 of 1999 and 22 of 2002 31-Mar-2004 Injunction suit Filed prior to 1.7.2002 Permission to file written statement beyond 90 days not granted Suit decreed ex parte Orders challenged in revision Court has got power to extend time Quick Review for filing written statements Liberal view h...

(2004) 2 MLJ 442 (Mad) Mani alias Subramani and others versus E.V.Viswanathan Civil Procedure Code (V of 1908), Secs.11 and 47 Ex parte decree for recovery of possession Decree sought to be executed Application under Sec.47 of C.P.C. Validity of the decree challenged

19-Mar-2004

Merits of the case have been considered Decree has become final It would operate as a bar to the applications.

Quick Review

(2004) 2 MLJ 411 (Mad) Sarammal versus S.Dilshad Begum and others Civil Procedure Code (V of 1908), O.6, Rule 17 Plaint Sought to be amended after 16 years Application allowed No new case set up Proposed amendment not inconsistent. 31-Mar-2004 Quick Review

(2004) 2 MLJ 402 (Mad) Kasi Viswanathan versus Jayalakshmi and others Civil Procedure Code (V of 1908), Sec.96 and O.9, Rule 13 Partition suit Ex parte preliminary decree Application to set aside ex parte decree Dismissed Thereafter, appeal filed against ex parte decree, with delay Application to condone delay dismissed Order challenged in L.P.A. Whether appeal is maintainable after dismissal of...

26-Mar-2004 Quick Review

(2004) 2 MLJ 391 (Mad) M/s.National Agency represented by its Partner, G.Chandrasekaran and others versus K.Nanda Gopal Chetty Civil Procedure Code (V of 1908), O.37 Summary suit Application for leave to defend 29-Mar-2004 Unconditional leave sought for Liability admitted Amount also ascertained Suit is maintainable Provisions of O.37 are complied with. Quick Review

(2004) 2 MLJ 389 (Mad) M.Sampath versus Geethanjali Investments represented by its Power of Attorney Agent, Sandhapet, Gudiyatham Civil Procedure Code (V of 1908) Sec.115 (as amended in 1999) Civil revision petition Against 26-Mar-2004 order passed in a pending suit Maintainability Civil Procedure Code Amendment to Sec.115 The High Court shall not vary or reverse any order except when the suit is finally disposed of. Quick Review

(2004) 2 MLJ 362 (Mad) P.Gunabalan and others versus A.Subbiyan and another (A) Civil Procedure Code (V of 1908), Sec.100 Failure to consider admission of respondent is a question of law Calls for interference under Sec.100. 11-Mar-2004 Quick Review

(2004) 2 MLJ 360 (Mad) Patel Mohallah Sunnah Jamath Majeeth, represented by its President, now represented by its Joint Secretary versus S.S.Mohammed Kasim (deceased) and others Civil Procedure Code (V of 1908), O.21, Rule 2 Decree passed in suit for ejectment Subsequently 18-Mar-2004 landlord receiving rent from the tenants Whether new tenancy is created Payment or adjustment not to be recognised by the Executing Court Petition under Sec.47 by tenant is not maintainable. Quick Review

(2004) 2 MLJ 346 (Mad) G. Mary Suseela versus Micheal and another Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of pleadings When permissible Original relief becoming inappropriate Subsequent change of circumstances. 24-Dec-2003 Quick Review

(2004) 2 MLJ 301 (Mad) USV Limited, Chennai represented by its Manager, Legal and Constituted Attorney, Mr.Sudhir Thante and another versus Systopic Laboratories Limited, Chennai represented by its Director and another (A) Letters Patent, Clause 12 Civil Procedure Code (V of 1908), Sec.20, O.6, Rule 14-A, O.29, Rule 2 20-Jan-2004 Original Side Rules Sale of Goods Act (III of 1930), Sec.2(9) Territorial jurisdiction Defendants registered office situated outside territorial jurisdiction Defendant doing business Quick Review through consignment agents Address for servie in pla...

(2004) 2 MLJ 283 (Mad) Kuruvammal alias Sheela Devi versus M.Moses and others

Civil Procedure Code (V of 1908), O. 41, Rule 31, Sec.100 Points for determination in first appeal First Appellate Court not framing points of determination Not appreciating evidence and not giving any finding thereon Whether proper Imperative duty and obligation is cast upon the First Appellate Court to apply its mind afresh on the mater...

4-Mar-2004 Quick Review

(2004) 2 MLJ 280 (Mad) BishopDiocesan Office, Kanyakumari Diocese, C.S.I., Nagercoil, Kanyakumari District versus A. Johnson and others Civil Procedure Code (V of 1908), O. 8, Rule 2, Sec.100 Written statement Second appeal 13-Feb-2004 Substantial question of law Defendant not raising specific plea in written statement Second appeal raising question of law in the absence of proper pleas before trial Courts Whether substantial Quick Review question of law may be framed There is no basis to fra...

(2004) 2 MLJ 251 (Mad) Shankar Sundaram versus M/s.AR.AS. & P.V.P.V., represented by its Managing Partner, Salem and others Letters Patent, Clause 15 Civil Procedure Code (V of 1908), O.38, Rule 5, O.43, Rule 1(q) 27-Feb-2004 Judgment Appeal from Courts of original jurisdiction to High Court in appeal Judgment of Courts of original jurisdiction What is Whether appeal under Clause 15, Letters Patent against an order Quick Review rejecting a prayer for furnishing security maintainable...

(2004) 2 MLJ 231 (Mad) Vellaichamay versus Yamulu Gounder and others Civil Procedure Code (V of 1908), O.6, Rule 17 Suit for declaration Dispute regarding right over cart-track Amendment of plaint schedule sought for, after visit by the Advocate Commissioner Amendment allowed Order challenged in revision Existence of the cart-track is admitted by the defendants Only correct survey number sought to be g...

24-Dec-2003 Quick Review

(2004) 2 MLJ 229 (Mad) S.Rahamathullah versus Mrs.Ratna Bai Civil Procedure Code (V of 1908), O.37, Rule 3 Several documents produced by the plaintiff are subject to proof Defendant has raised triable issue Leave should be granted to defend the suit. 19-Dec-2003 Quick Review

(2004) 2 MLJ 215 (Mad) A.Jayaveerapandian versus R.Rengarajan and others Succession Act (XXXIX of 1925), Secs.270-D and 273 Civil Procedure Code (V of 1908), O.1, Rule 10(2) Probate proceedings Interested persons Who are Mere agreement holder cannot claim any right Applicant not entitled to be implead as a party to the probate proceedings.

31-Dec-2003 Quick Review

(2004) 2 MLJ 211 (Mad) Sengodan and another versus Sengodan and others Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of pleadings Amendment applications have to be liberally considered Amendment can be allowed to prevent multiplicity of proceedings. 22-Jan-2004 Quick Review

(2004) 2 MLJ 176 (Mad) S.Rajagopal versus BOB Cards Limited, Chennai represented by its Vice President and Power of Attorney Holder, Mr.M.S.Subdareswaran 24-Dec-2003 Civil Procedure Code (V of 1908), O.37, Rules 3 and 4 Summary suit Application for leave to defend, dismissed. Quick Review

(2004) 2 MLJ 172 (Mad) Lakshmana Konar and another versus Namalwar Konar (died) and others Civil Procedure Code (V of 1908), Sec.100 Suit for permanent injunction and mandatory injunction dismissed by trial Court Lower appellate Court granting decree Second appeal to the High Court Whether interference is warranted Conclusion based on well considered reasonings.

24-Dec-2003 Quick Review

(2004) 2 MLJ 156 (SC)

Exphar SA and another versus Eupharma Laboratories Limited and another (A) Copyright Act (14 of 1957), Secs.60 and 62 Owner of copyright and manufacturer under contract Carrying on business Suit for infringement instituted at the place Jurisdiction Wider than provided under Civil Procedure Code Cease and desist notice Receipt at the place Also gives jurisdiction.

20-Feb-2004 Quick Review

(2004) 2 MLJ 138 (Mad) A.Ponnusamy, S/o.Late Arumugham and others versus H.H.The Prince of Arcot Endowments, Tiruchirapalli represented by Agent having place of Office, Tiruchi Civil Procedure Code (V of 1908), Sec.96 Appeal against the judgment in a suit of small causes Court 11-Feb-2004 Value of the subject matter does not exceed Rs.10,000 No appeal shall lie Only if a substantial question of law is involved, an appeal shall lie Question of law, though not pleaded, can be raised even Quick Review at the appellate stage.

(2004) 2 MLJ 123 (Mad) P.Madanagopal and others versus N.Gangabavani (A) Civil Procedure Code (V of 1908), O.38, Rule 5(1) Revision against an order directing notice and also for furnishing security, simultaneously Whether suchorder sustainable The Court cannot order both, simultaneously Impugned order set aside.

27-Feb-2004 Quick Review

(2004) 2 MLJ 116 (Mad) K.Samy versus Smt.Sulochana and others Civil Procedure Code (V of 1908), Sec.115, O.21, Rule 32(1) Decree for injunction Violation of Execution of arrest of the judgment-debtor Petition allowed Order challenged in revision Burden is upon the decree-holder to establish the violation of the decree in his favour Even the copy of the alleged complaint not filed No materials ...

25-Feb-2004 Quick Review

(2004) 2 MLJ 111 (Mad) Antony Devaraj and another versus Aralvaimozhi (Kurusadi) Devasahayam Mount Dor and Thuya Viagula, Annai Church represented by the Trustee and others (A) Civil Procedure Code (V of 1908), O.1, Rule 10(2) Impleading of parties When can be allowed 31-Dec-2003 When no relief sought for against the proposed defendants They are neither proper nor necessary parties Proposed parties can figure as witnesses during trial. Quick Review

(2004) 2 MLJ 105 (Mad) Minor Sathish Babu represented by his father and natural guardian, P.Nagarajan versus Mohan and another (A) Civil Procedure Code (V of 1908), O. 21, Rule 28, O. 38, Rules 8, 10 and 11-A, Sec.115 Revision 24-Dec-2003 against that an order dismissing a claim petition Whether maintainable Provisions of the Code applicable to an attachment made in execution of a decree Shall apply to an attachment made before Quick Review judgment Adjudication of a claim petition, tant...

(2004) 2 MLJ 91 (Mad) Daniel versus A.R.Safiullah (A) Designs Act (16 of 2000), Sec.22(4) Registration of a design Ground for canellation Defence raised in a suit for permanent injunction against the defendant Application seeking transfer of the suit Registration of design shall be cancelled only on the grounds under Sec.19 of the Act It should be raised as a ground of defence Pre-co...

28-Jan-2004 Quick Review

(2004) 2 MLJ 80 (Mad) T.Kantharaju versus Dr.N.Kuppuswami and others Civil Procedure Code (V of 1908), O.6, Rule 17 Award of plaint Suit for recovery of possession Alternate relief sought by way of amendment Though amendment petition is belated, it can be allowed Other side can be compensated by with costs No prejudice caused to the other side Order allowing amendment confirmed.

10-Dec-2003 Quick Review

(2004) 2 MLJ 75 (Mad) Mrs.Fathima Beebi versus V.Anwar Basha Civil Procedure Code (V of 1908), O.9, Rule 9 Suit for specific performance Dismissed for default

4-Feb-2004

Suit restored on condition of payment of costs Order challenged in revision Plaintiff has been conducting the proceedings with due care Plaintiff was suffering from illness, which prevented him from appearing in Court Non-examination of d...

Quick Review

(2004) 2 MLJ 46 (SC) Shanti Kumar Panda versus Shakutala Devi (A) Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Criminal Procedure Code (II of 1974), Secs.145 and 146 Order made under Secs.145(1) and 146(1) of the Criminal Procedure Code Subsequent civil litigation between the parties Relevance of the earlier orders made under the provisions of the Criminal Procedure Code It is not necessary...

3-Nov-2003 Quick Review

(2004) 2 MLJ 35 (Mad) Chandrasekaran versus Palanisamy and others (A) Hindu Law Pious obligation Whether a son is bound to discharge the debts of the father under the theory of pious obligation A son may discharge the debt of his mother on his own accord or on moral basis Such voluntary act cannot be issued as a legal obligation of the son Son has sought to claim and protect his share from the proceedin...

7-Feb-2004 Quick Review

(2004) 2 MLJ 28 (Mad) Pattammal and others versus K.K.127 Hosur Primary Agricultural Co-operative Bank Limited, Hosur, represented by its Special Officer and others Tamil Nadu Co-operative Societies ACt (XXX of 1983), Sec.156 Civil Procedure Code (V of 1908), 17-Dec-2003 Sec.9 Disciplinary proceedings against delinquent employees Suit challenging the proceedings Disciplinary proceedings initiated by any department cannot be questioned before the Civil Court Quick Review Statutory provisions of each Act, govern such proceedin...

(2004) 2 MLJ 19 (Mad) E.A.Chandrasekaran versus Venkatachalam and another Civil Procedure Code (V of 1908), O.9, Rule 13 and O.17, Rule 2 Specific performance suit decreed On application by defendants, that they were not examined and no opportunity was given to crossexamine plaintiff witness Decree set aside Orders challenged in revisions Substantial rights of the parties are involved Opportunity can be give...

17-Dec-2003 Quick Review

(2004) 1 MLJ 731 (Mad) Chennai Vazhal Duraiyur Nadar Uravin Murai Magamai Sangam represented by its President, Agaram, Chennai and others versus K.A.Gurusamy and others Civil Procedure Code (V of 1908), Sec.92 Suit filed by society Application filed for leave to sue 30-Jan-2004 rejected Order challenged in appeal Interests of public trusts of charitable and religious nature are protected by virtue of Sec.92 Applicability of Sec.92 depends upon certain conditions Court has to Quick Review satisfy that there is breach of trust o...

(2004) 1 MLJ 721 (Mad) Union of India, represented by Chief Secretary, Pondicherry, Union Territory and others versus Vasantha Carbide Company Limited, Karaikal, represented by Managing Director, P.R.Nalamaharajan (A) Specific Relief Act (XLVII of 1963), Sec.34 Civil Procedure Code (V of 1908), O. 7, Rule 7 5-Feb-2004 Indian Electricity Act (IX of 1910), Sec.24 Disconnection of electrical energy Challenged in civil suit Relief of declaration and mandatory injunction asked for Department is obliged to issue notice Quick Review before disconnecting supply Such notice is...

(2004) 1 MLJ 720 (Mad) Ganesan and another versus Porkilai (deceased) and others Civil Procedure Code (V of 1908), Sec.114 and O.47, Rule 1 Application to review the judgment of the appellate Court Counsel reporting no instructions Application dismissed on merits Revision against that order Matter remitted for fresh disposal One more opportunity to be given to the petitioner.

3-Feb-2004 Quick Review

(2004) 1 MLJ 704 (Mad) D.Arumugam versus A.G.Aparaj and others Civil Procedure Code (V of 1908), O.21, Rule 105(1) and O.43, Rule 1(ja), Sec.115 Application under O. 21, Rule 105 Dismissed by the Executing Court Whether revision against that order

5-Feb-2004

Application under O.21, Rule 105(1) includes a claim or obligation made under Rule 58 Order dismissing the application to restore the petition is, appealab...

Quick Review

(2004) 1 MLJ 651 (Mad) Chinnan versus Marappan Civil Procedure Code (V of 1908), O.26, Rule 9 Advocate Commissioner appointed in earlier suit Appointment of Advocate Commissioner in the subsequent connect suit Is not only luxurious but erroneous a well.

18-Dec-2003 Quick Review

(2004) 1 MLJ 626 (Mad) OP.Mani and another versus AMS.Thaikka Lebbai and others Civil Procedure Code (V of 1908), O.1, Rule 10(2) Impleadment of parties Application filed by plaintiffs to implead third parties in the place of the defendants Original defendants expressing they do not have any right over the suit property Plaintiffs are well within rights to implead new defendants.

23-Jan-2004 Quick Review

(2004) 1 MLJ 617 (Mad) Inbaraj and another versus Kalunguvilai CMS Sudhanga Suvisesa Sabai, through its President, Rajiah Nadar and others (A) Civil Procedure Code (V of 1908), O.1, Rule 8 Scope and applicability Suit filed in an 20-Oct-2003 individual capacity Application seeking permission to sue in a representative capacity Allowed Revision against that order Amendment altering the character of the suit cannot be allowed Order Quick Review set aside.

(2004) 1 MLJ 572 (Mad) Thasi Naidu and others versus R.Vasantha and others Civil Procedure Code (V of 1908), O.41, Rule 31 Judgment of the Appellate Court Essential requisites of Points for determination not framed Appellate Court has simply confirmed the judgment of the Trial Court Appellate Court judgment is not sustainable in law.

19-Jan-2004 Quick Review

(2004) 1 MLJ 525 (Mad) Petromarine Products Limited, Company incorporated under thelaws of Cyprus, having its registered office at Libra Towers, 23, Olympian Street, Limassol, Cyprus, represented by Constituted Attorney versus Ocean Marine Services Company Limited, represented by its Power of Attorney Agent, Mr.T.Satakopan, Chennai and another (A) Original Side Rules (1956), O.42, Rules 2 and 11 Admirality suit Suit filed in rem at Madras 27-Nov-2003 High Court Arrest of vesseel Interests of all parties To be decided Later suit by another in Bombay High Court Effect. Quick Review

(2004) 1 MLJ 521 (Mad) Kalimuthu versus Kandasamy Gounder and another Civil Procedure Code (V of 1908), O.21, Rule 16 Assignee decree-holder Application for execution Pendency of petition to set aside ex parte decree Dismissal of execution petition Order unsustainable Assignment of decree Only among the decree-holders Orders unsustainable.

29-Oct-2003 Quick Review

(2004) 1 MLJ 477 (Mad) Sheik Mohammed and others versus Shah Abdul Aul Aulad Family Charitable Trust, Koothanallur and others Civil Procedure Code (V of 1908), Sec.9, O.7, Rule 11 and O.14, Rule 2 Scope and applicability Suit 7-Oct-2003 for rendition of accounts Court having Civil jurisdiction must entertain the suit Prior to settling all other issues, issue regarding maintainability of the suit has to be decided as preliminary issue. Quick Review

(2004) 1 MLJ 474 (Mad) Arunachalam Pillai and others versus Sorimuthu Pillai (A) Easement Ownership Mutually exclusive inconsistent pleas Pleadings Not permissible . 3-Dec-2003 Quick Review

(2004) 1 MLJ 464 (Mad) Madras City Flour Mill Owners Association represennted by its General Secretary, V.Krishnan versus M.Radha and others

Civil Procedure Code (V of 1908), O.1, Rule 10(2) Application by a third party to implead itself as third defendant in the suit Law is liberal and it permits all interested parties to be impleaded in the legal interest Such legal interest includes equitable interest.

19-Dec-2003 Quick Review

(2004) 1 MLJ 452 (Mad) Subban versus Varadarajan and others (A) Civil Procedure Code (V of 1908), O.8, Rules 6-A and 6-D Counter-claim Whether can be raised after filing written statement Counter-claim is substantially a cross objection Even if the plaintiff discontinues his suit, the counter-claim can be proceeded with Counter-claim filed cannot be entertained.

31-Dec-2003 Quick Review

(2004) 1 MLJ 406 (Mad) Mrs.J.Zeenath Bivi, Proprietrix, M/s.N.V.K.M.Traders, Chennai, represented by her Power of Attorney holder Mr.J.Zackaria versus M.Khader Ibrahim and others (A) Trade and Merchandise Marks Act (43 of 1958), Sec.24 Civil Procedure Code (V of 1908), O.39, 24-Dec-2003 Rules 1 and 2 Joint owner of trade marks A joint proprietor has no right to exploit the mark for his or her own benefit to the exclusion of other owners When one of them seeks to carry on business as a Quick Review rival, the user of the mark becomes unautho...

(2004) 1 MLJ 403 (Mad) Mrs.Bama versus Mrs.Rukiyal Bivi (A) Civil Procedure Code (V of 1908), O.10, Rules 1 and 2 Examination of parties by the Court Power can be used only when it is necessary to obtain information on any material questions relating to the suit It cannot be employed to suggest the procedure at trial.

25-Nov-2003 Quick Review

(2004) 1 MLJ 401 (Mad) Sankaran and others versus Pandyvel and others Civil Procedure Code (V of 1908), O.21, Rule 97 Suit for possession Decree granted Execution resisted by third parties Obstruction petition filed Application dismissed Appeal also dismissed Second appeal before the High Court Adjudication under O.21, Rule 97(2), C.P.C., need not necessarily involve a detailed enquiry or collection o...

11-Dec-2003 Quick Review

(2004) 1 MLJ 395 (Mad) NEPC Micon Limited, Madras versus M/s.Siemens Limited, represented by its Power of Attorney Holder, S.S.Godbole Civil Procedure Code (V of 1908), O.8, Rules 6-A and 6-C Suit for recovery of money Application 3-Dec-2003 filed to record memo of objection Memo of compromise refused to be recorded on the ground that its earlier part is an enforceable decree and the later part is unenforceable Subsequently application Quick Review filed by plaintiff to pass a decree for the admi...

(2004) 1 MLJ 367 (Mad) M.A.Kaveri Gounder versus The Executive Engineer, Public Works Department, Office of the Public Works Department, Mettur Dam, Salem District and another Civil Procedure Code (V of 1908), Sec.34 Suit for declaration and permanent injunction 13-Oct-2003 Dismissed by trial Court Judgment of trial Court, confirmed in appeal Second appeal against the concurrent findings Claim is made on the basis of adverse possession It is contrdictory to the stand Quick Review taken by the plaintiff before the estate officer, wher...

(2004) 1 MLJ 362 (Mad) Indo International Limited, represented by its Managing Director, Mr.Lodha, Chennai and another versus Continental Carriers Private Limited, represented by its Regional manager, M.V.Bhat, Chennai (A) Civil Procedure Code (V of 1908), O.8, Rule 9 and O.7, Rule 6 Suit for recovery of money Suit 10-Oct-2003 resisted as being barred by limitation Reply statement sought to be filed Permission granted by trial Court Order challenged in revision Only for explaining the claim of exemption from limitation, Quick Review plaintiff has been permitted to file reply ...

(2004) 1 MLJ 357 (Mad) Kandasamy versus Minor Arumugam alias Logesh and others Bankers Books Evidence Act (XVIII of 1891), Sec.5 Civil Procedure Code (V of 1908), O.16, Rule 14 Decree for money, put in execution Judgment-debtors property sought to be attached

26-Aug-2003

Grandsons of the judgment debtor claiming title over the property, sought to be attached Contention by decreeholder that the property is already mortgaged wit...

Quick Review

(2004) 1 MLJ 296 (Mad) Kandan (died) and others versus K.Periaswamy 28-Nov-2003 Civil Procedure Code (V of 1908), Sec.144 Doctrine of restitution Scope and applicability. Quick Review

(2004) 1 MLJ 258 (Mad) L.M.Menezes and others versus Rt.Rev.Dr.Lawrence Pius and others (A) Civil Procedure Code (V of 1908), Sec.92 Leave under When can be granted Application filed to institute suit under Sec.92, C.P.C. To invoke Sec.92, C.P.C., certain conditions have to be satisfied Maintainability of suit depends upon allegations in the plaint It is incumbent on the Court to see whether the prayers in the plaint satis...

22-Dec-2003 Quick Review

(2004) 1 MLJ 175 (Mad) Kasthuri and others versus Baskaran and another Specific Relief Act (XLVII of 1963), Sec.41(h) Civil Procedure Code (V of 1908), O.7, Rule 11(d) Rejection of the plaint Suit for injunction on the basis of agreement of sale Opposed by the defendants Efficatious remedy by way of suit for specific performance available Suit for injunction whether maintainable.

22-Aug-2003 Quick Review

(2004) 1 MLJ 165 (SC) M/s.B.L.Gupta Construction (P) Limited versus Bharat Co-operative Group Housing Society Limited Civil Procedure Code (V of 1908), Sec.34 Award of itnerest Arbitration Agreement to pay interest on delayed payments Pre-reference pendente lite and till payment Interest Rate. 5-Nov-2003 Quick Review

(2004) 1 MLJ 149 (SC) K.Sivaramaiah versus Rukmani Ammal Civil procedure Code (V of 1908), Sec.11 Res judicata Applicability Earlier suit dismissed after contest Earlier suit was permitted to be withdrawn at the appellate stage Such withdrawal of suit will not constitute res judicata Subsequent suit is maintainable.

20-Nov-2003 Quick Review

(2004) 1 MLJ 145 (Mad) P.R.Nallappa versus P.K.Srinivas and others Civil Procedure Code (V of 1908), O.1, Rule 3 Partition suit Proper parties Proposed parties being purchasers of the suit property are proper parties Hence should be impleaded as party defendants to the proceedings.

24-Sep-2003 Quick Review

(2004) 1 MLJ 131 (Mad) National Insurance Company Limited represented by its Divisional Manager, Pudukkottai versus Rani and others Civil Procedure Code (V of 1908), O.41, Rule 33 Motor Vehicles Act (LIX of 1988 as amended by Act 27-Oct-2003 LIV of 1994) Motor accident resulting in death of a person and injuries to another Claim petition filed Award passed Challenged by the insurance company alone No cross-objection by the Quick Review claimants regarding the disallowed portion Whether en...

(2004) 1 MLJ 130 (Mad) Venkatachalam versus Siddan and others Civil Procedure Code (V of 1908), O. 23, Rule 1 Withdrawal of suit When permissible Suit for declaration and injunction, sought to be withdrawn against some of the defendants Declaratory relief with respect to one item of suit properties also sought to be withdrawn Permission refused by trial Court Order challenged in revision Plainti...

14-Nov-2003 Quick Review

(2004) 1 MLJ 122 (Mad) A.Ibrahim and others versus M/s.National Textiles Corporation (Tamil Nadu and Pondicherry) Limited, Coimbatore and another

(A) Civil Procedure Code (V of 1908), O.1, Rule 10 Suit New defendant added Limitation Act (XXXVI of 1963), Sec.21(1), proviso Scope and applicability Third defendant impleaded belatedly Suit if barred by limitation Under the proviso to Sec.21(1) of Limitation Act, if a party is impleaded late owing to a bona fide mistake, the Court...

17-Jul-2003 Quick Review

(2004) 1 MLJ 116 (SC) Pondicherry Khadi and Village Industries Board versus P.Kulothangan and another Civil Procedure Code (V of 1908), Sec.11 and Industrial Disputes Act (XIV of 1947) Principles of res judicata Applicable Employment and reinstatement of employee Subject-matter of earlier writ proceedings Adjudication after contest Finality Industrial dispute Employment and reinstatement Bar of res judicata.

31-Oct-2003 Quick Review

(2004) 1 MLJ 104 (Mad) Rajathi Ammal and another versus Annalakshmi and another Civil Procedure Code (V of 1908), O.21, Rule 58 Maintenance decree Charge created over the property Whether amounts to absolute transfer of title. 6-Nov-2003 Quick Review

(2004) 1 MLJ 100 (Mad) Sellammal (now deceased) and others versus M.Natesan Civil Procedure Code (V of 1908), O.6, Rule 17 Suit for bare injunction Amendment application filed eight years after the suit Proposed amendment seeking to substitute new paragraphs and also include the relief of declaration Amendment application allowed Order challenged in revision Proposed amendment does not introduce a new case It...

28-Oct-2003 Quick Review

(2004) 1 MLJ 91 (Mad) Krishnabai and others versus K.A.Krishnamurthy and others Civil Procedure Code (V of 1908), O.20,Rule 18 Partition suit Preliminary decree passed Amendment of preliminary decree sought for by petitioner (defendant) who had remained ex parte Application rejected on the ground that, only a fresh suit should be filed Order of dismissal, challenged in revision Without amending the preliminary de... (2004) 1 MLJ 72 (Mad) R.S.Kumarasamy Iyer Firm by its Partner, R.S.K.Sivakumar and another versus T.V.Krishnamoorthy and others (A) Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960 as amended by Act XXIII of 1973 30-Oct-2003 and I of 1980), Sec.18-A Civil Procedure Code (V of 1908), O.26, Rule 9 Fair rent petition Advocate Commissioner appointed Assistance of Engineer taken by the Advocate Commissioner Quick Review though the warrant did not specify so Report of the Advoca...

16-Oct-2003 Quick Review

(2004) 1 MLJ 61 (SC) State of Punjab versus Darshan Singh (A) Civil Procedure Code (V of 1908), Sec.152 Amendment of judgments and decrees Clerical or arithmetical mistakes Error arising therein from any accidental slip omission Powers of Court Extent and scope of Maxim act of Court not to prejudice any person.

29-Oct-2003 Quick Review

(2004) 1 MLJ 56 (Mad) Maria Ronikkam and others versus Aruldass (A) Civil Procedure Code (V of 1908), Secs.96, 100, 114 and 115 Judgments of lower Courts Merge in the judgment of High Court Finality Change of law Preliminary decree by trial Court No review lies.

21-Oct-2003 Quick Review

(2004) 1 MLJ 43 (Mad) Sathiyabama and others versus M.Palanisamy and others Civil Procedure Code (V of 1908), Sec.60(g) Payment of Gratuity Act (XXXIX of 1972), Sec.13 Pensions Act (XXIII of 1871), Sec.11 Employees Provident Funds and Miscellaneous Provisions Act (XIX of 1952), Sec.10(2) Amounts payable as provident fund, leave salary, gratuity, etc. whether can be attached in the hands of the employer, pending th...

20-Oct-2003 Quick Review

(2004) 1 MLJ 21 (Mad)

Southern Petrochemical Industries Corporation Limited, represented by its Managing Director and another versus S.Rathish Kanna Civil Procedure Code (V of 1908), O.38, Rule 5 Suit for recovery of money Application filed for a 7-Oct-2003 direction to furnish security lest pass on order of attachment before judgment No notice served on the defendant Ex parte order of attachment passed Order challenged in revision Whether the ex Quick Review parte order of attachment without any oppor...

(2004) 1 MLJ 3 (Mad) M.Ramanathan versus M.Vasantha and others Civil Procedure Code (V of 1908), O.1, Rule 10 Impleading of parties Third party Claiming a new right Neither the plea of plaintiff nor that of the defendant Mere apprehension of collusion Not a necessary party .

21-Oct-2003 Quick Review

(2003) 3 MLJ 829 (Mad) Susainathan versus Maniyasaram and others Civil Procedure Code (V of 1908), O.20, Rule 18 Partition suit Preliminary decree passed App.lication for passing of final decree pending At that stage, application filed for appointment of Commissioner to inspect the suit properties and fix the mesne profits Maintainability Held, maintainable Till the final decree is passed the Court...

30-Sep-2003 Quick Review

(2003) 3 MLJ 820 (Mad) Pushpam and others versus K.M.Meeran and others Civil Procedure Code (V of 1908), Sec.100 Suit for declaration, possession and mesne profits or alternatively for partition Suit decreed Trial Court judgment set aside in appeal Second appeal before the High Court Finding of fact, even if erroneous is not generally disturbed If such findings are vitiated and perverse, the High Court wil...

22-Oct-2003 Quick Review

(2003) 3 MLJ 784 (Mad) Prasad Mathew, Proprietor, Metro Entertainment Network, Chennai versus S.C.V. Unit of Sun T.V. Private Limited, (formerly known as Sumangali Publications) represented By its Manager (Programmes), Chennai (A) Civil Procedure Code (V of 1908), Sec.115 Constitution of India (1950), Art.227 Revision filed 23-Oct-2003 under Sec.115, C.P.C. Whether can be permitted to be converted into one under Art.227 of the Constitution Held, in view of the law laid down by the Supreme Court in the decision (2003)6 S.C.C. Quick Review 763, petitioner permitted to convert the revis...

(2003) 3 MLJ 778 (Mad) M.Asoan D.Sheam (Minor) represented by mother Usha, as guardian versus P.Mohan Ram alias Mohan (A) Civil Procedure Code (V of 1908), Sec.20 Territorial jurisdiction Suit by plaintiff through guardian mother claiming maintenance from respondent father Trial Court considering place of marriage of palintiffs mother with respondent and also the place of matrimonial home holding it has no territorial jurisdiction to entertain the suit To...

9-Sep-2003 Quick Review

(2003) 3 MLJ 733 (Mad) V.Thangaraj versus Sriram Chits and Investments Limited, Palani Road, Dindigul and others (A) Contract Act (IX of 1872), Sec.128 Liability of surety Co-extensive with the liability of principal debtor Immediate liability Postponement on sufficient and reasonable grounds only. 30-Oct-2003 Quick Review

(2003) 3 MLJ 703 (Mad) A.S.Samivel versus K.Annamalai Civil Procedure Code (V of 1908), O. 38, Rule 5 Attachment before judgment Order not as a matter of course Only on satisfaction of the truth of the allegations. 30-Sep-2003 Quick Review

(2003) 3 MLJ 690 (Mad) Sri Kampahareswaraswamy Devasthanam, Tirubuvanam, by its Hereditary Trustee, Sri-la-Sri Shanmugha Desiga Gnanasambanda Pandara Sannathi, Dharmapuram Adheenam, Dharmapuram versus Muthupandi (A) Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for permanent injunction and to restrain 25-Jun-2003 defendant temple from interfering with plaintiff lessees peaceful possession of suit property decreed

In appeal by defendant temple document relied on by plaintiff held concocted But certin privileges to plaintiff granted Held suit was filed on...

Quick Review

(2003) 3 MLJ 668 (Mad) D.Dhanapal versus D.David Livingstone (A) Civil Procedure Code (V of 1908), Sec.9 Tamil Nadu Societies Registration Act (XXVII of 1975), Sec.36 Bar of Civil Courts jurisdiction Suit for declaration that the plaintiff continued to be the Secretary of the Society and for injunction Maintainability Contention Civil Courts jurisdiction barred under Tamil Nadu Societies Registra...

21-Oct-2003 Quick Review

(2003) 3 MLJ 666 (Mad) Hotel Blue Star through its Partners, S.Nambinarayanan and another versus S.Raman Reddiar and another Civil Procedure Code (V of 1908), O.26, Rules 9 and 10 Petition to scrap advocate Commissioners 25-Sep-2003 report and appoint new commission If Court is satisfied with the Commissioners report, petitioner cannot seek appointment of a fresh commission or scrapping of the earlier report. Quick Review

(2003) 3 MLJ 663 (Mad) M/s.Dhandapani Cements (P) Limited, Tiruchirapalli versus M/s.Binny Engineering Limited, Chennai Civil Procedure Code (V of 1908), Sec.20(i) Cause of action Contract Leave granted to institute suit at Chennai Application for revocation of leave as no part of cause of action arose in Chennai For purposes of jurisdiction to entertain a suit based on contract, the place of acceptance is the place of making the contract and that gives ri...

13-Oct-2003 Quick Review

(2003) 3 MLJ 641 (Mad) Ramathal, W/o.Semalai Gounder, Nallur versus Palanisamy Gounder Civil Procedure Code (V of 1908), O.47, Rules 1 and 8 Review of judgment When permissible A judgment may be open to review only, if there is a mistake or an error apparent on the face of the record An error which is not self evident and has to be detected by a process of reasoning cannot be said to be an error apparent on the face of the re...

14-Aug-2003 Quick Review

(2003) 3 MLJ 632 (Mad) Solaiammal (died) and another versus Rajarathinam and others (A) Civil Procedure Code (V of 1908), O.14, Rule 2 Suit for declaration that the plaintiff is the legal heir and for permanent injunction Suit filed before the District Munsif Court in 1997 Application filed by the defendants in 2000 to try the issue of valuation and pecuniary jurisdiction as preliminary issue Application allowed Order ch...

10-Oct-2003 Quick Review

(2003) 3 MLJ 630 (Mad) National Clearing Cell, Reserve Bank of India, Chennai versus S.Amose and others Consumer Protection Act (XLVIII of 1986) Civil Procedure Code (V of 1908), O.1, Rule 3 Complaint filed before Consumer Disputes Redressal Forum against State Bank of India for deficiency service in clearing a cheque Consumer Forum impleading National Clearing Cell, Reserve Bank of India as a necessary party Order challenged in revision He...

27-Jun-2003 Quick Review

(2003) 3 MLJ 623 (Mad) Ziaulla Sheriff and others versus Saffulah Baig and others Civil Procedure Code (V of 1908), Sec.114, O.9, Rule 13 Limitation Act (XXXVI of 1963), Art.137 Application for restitution Period of limitation Ex parte decree passed in a suit for recovery of possession Execution petition filed, delivery made Subsequently ex parte decree set aside, but order of delivery confirmed Once again ex ...

22-Aug-2003 Quick Review

(2003) 3 MLJ 604 (Mad) T.A.Mohideen Abdul Kadir (died) and another versus Abdul Rahim (died) and others (A) Benami Transactions (Prohibition) Act (XLV of 1988), Secs.2(a), 3 and 4 Contention that properties were purchased benami Burden of proof squarely lies upon the person alleging benami In determining the benami nature of the transactions, Courts are guided by the guidelines laid down by the Supreme Court in (1994)1 S.C.C. 3 Decision of t...

2-Jul-2003 Quick Review

(2003) 3 MLJ 590 (Mad) M.Ponnupandian Petitioner in both versus Selvabakiyam and others Respondents in both Civil Procedure Code (V of 1908), O. 21, Rule 106 and Sec.151 Limitation Act (36 of 1963), Sec.5 Application to set aside ex parte order under O. 21, Rule 106 Application to condone delay in filing said application Delay cannot be condoned as Sec.5, Limitation Act not applicable.

3-Sep-2003 Quick Review

(2003) 3 MLJ 586 (Mad) V.K.Arumugam versus C.P.Shanmugam (died) and others (A) Evidence Act (I of 1872), Secs.91 and 92 Brokerage for completing a sale transactions between the vendor and the purchaser Contention by the real estate broker that there was an oral contract to pay brokerage Trial Court holding that the broker is entitled to brokerage only on the value mentioned in the sale deed and not on the value as c...

7-Jul-2003 Quick Review

(2003) 3 MLJ 576 (Mad) Netaji Cricket Club represented by its Secretary, Chennai versus Board of Control for Cricket in India represented by its Secretary, Mumbai and another (A) Civil Procedure Code (V of 1908), Sec.9 Civil Courts Jurisdiction of Suits fall under two 5-Sep-2003 categories Only suits of civil nature can be entertained by Civil Courts On facts, neither the right of the plaintiff to the property nor its right to any office arises in the suit Prima facie there is no Quick Review enforceable right to institute the su...

(2003) 3 MLJ 566 (Mad) K.K.Swaminathan versus Srinivasagam (A) Evidence Act (I of 1872), Sec.44 Civil Procedure Code (V of 1908), Sec.11 Suit for declaration that the decree in the earlier suit with respect to the same promissory note is null and void earlier suit filed for recovery of money on the same promissory note proceeding culminating before the High Court in Second Appeal In all the forum...

10-Oct-2003 Quick Review

(2003) 3 MLJ 557 (Mad) Polaris Software Lab. Limited represented by its Company Secretary versus Suren Khiwadkar, Pune (A) Specific Relief act (XLVII of 1963), Sec.42 Negative covenant Enforceability of restriction upon employee in post employment period reasonable restriction could be placed only by agreement Negative covenant could only be restricted to the period of employment It cannot be extended beyond the period of employment Temporary injuncti...

8-Sep-2003 Quick Review

(2003) 3 MLJ 551 (Mad) Duraikannu and others versus Malayammal (A) Civil Procedure Code (V of 1908), O.23, Rule 1(3) Withdrawal of suit at appellate stage Permissibilitty Suit for declaration and injunction dismissed by the trial Court Appeal by the plaintiff Application filed for withdrawl of the suit with liberty to file a fresh suit on the same cause of action Application dismissed Revision ag...

11-Sep-2003 Quick Review

(2003) 3 MLJ 548 (Mad) K.Marimuthusamy alias Marimuthu versus Mahalatchumi Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Suit for recovery of possession, arrears of rent and for damages Application for amendment seeking declaratory relief and change in measurements Amendment application ordered Revision preferred Held, an alteration in the relief claimed, does not change the character of t...

4-Sep-2003 Quick Review

(2003) 3 MLJ 524 (Mad) Subbiah Konar and others versus State of Tamil Nadu through District Collector, Tirunelveli and another Civil Procedure Code (V of 1908), O.41, Rules 23 and 23-A Remand of case by Appellate Court 29-Aug-2003 Conditions for Suit for declaration and injunction, decreed by trial Court Appeal by the defendants Matter remitted by the First Appellate Court, to be decided afresh Order of remand challenged in Quick Review appeal Held, the First Appellate Court negative...

(2003) 3 MLJ 515 (Mad) Minor Cibiraj represented by his mother M.Jayanthi and another versus C.Marimuthu and others (A) Civil Procedure Code (V of 1908), O. 33, Rules 1 to 15-A Suits by indigent persons Procedure

29-Aug-2003

and requirements Suit for partition and separate possession Pending suit, application filed to sue as pauper, in view of imposition of additional court-fee Application rejected even without being numbered Order challenged before High Court ...

Quick Review

(2003) 3 MLJ 503 (Mad) The Special Officer, Dharmapuri District Co-operative Sugar Mills, Palacode versus T.N.Sekar Industrial Disputes Act (XIV of 1947), Sec.2(k) Civil Procedure Code (V of 1908), Sec.9 Civil Court Jurisdiction of Dispute between employer and employee regarding service condition Suit filed for mandatory injunction and permanent injunction Relief of mandatory injunction granted However relief of permanent injunction, rejected Jud...

8-Aug-2003 Quick Review

(2003) 3 MLJ 469 (Mad) P.Lalitha and another versus Kalimuthu and others Civil Procedure Code (V of 1908), O.12, Rule 6, O.8, Rule 5 Evidence Act (I of 1872), Sec.58 Suit for partition Dismissed by the trial Court Appeal by the plaintiffs Non-filing of written statement Whether suit can be decreed Merely because written statement is not filed, the Court cannot act blindly Court must see to it that even i...

8-Aug-2003 Quick Review

(2003) 3 MLJ 444 (Mad) Saraswathy and others versus Tamizharasi and others Civil Procedure Code (V of 1908), Sec.151 and O.18, Rule 1 Evidence Act (I of 1872), Sec.101 Examination of witnesses Burden of proof Whether defendants can be directed to march their evidence before the plaintiffs The suit is one for bare injunction Onus of establishing the possession on the date of the suit, lies upon the plaintiffs ...

3-Jun-2003 Quick Review

(2003) 3 MLJ 439 (Mad) Rotary Club of Thanjavur Mid Town Thanjavur, represented by its Secretary, P.M.Subramanian, Thanjavur versus S.Chandrasekaran Constitution of India (1950), Art.227 Civil Procedure Code (V of 1908), Secs.115, 151, O.39, Rules 1 29-Aug-2003 and 2, O.41, Rule 31 and O.43, Rule 1 Suit for declaration Application filed for ad-interim injunction Application dismissed Interim injunction granted in appeal That order challenged in revision Quick Review The only issue framed in appeal was wh...

(2003) 3 MLJ 436 (Mad) Salem Cooperative Sugar Mills Limited, Mohanur, Namakkal District, represented by its Special Officer versus S.Kuppannan Constitution of India (1950), Art.227 Civil Procedure Code (V of 1908), O.39, Rules 1 and 4 Power 6-Aug-2003 of superintendence When can be exercised Though order passed under O.39, Rules 1 and 4 is appealable, the High Court can exercise the power of superintendence under Art.227 of the Constitution Quick Review High Court cannot be a silent spectator when the ...

(2003) 3 MLJ 430 (Mad) Saraswathy versus Meenakshy and another Civil Procedure Code (V of 1908), Sec.100 Suit for specific performance and permanent injunction Relief of specific performance not granted by trial Court Refund of advance ordered Appellate Court granting decree for specific performance Defendant filing a second appeal to the High Court Held, First Appellate Court has stated reasons fo...

27-Aug-2003 Quick Review

(2003) 3 MLJ 419 (Mad) Muthuselvi versus Sivagurunathan and others (A) Civil Procedure Code (V of 1908), Sec.100 Will Validity of Courts below concurrently finding Will as valid Finding not perverse or unreasonable Finding cannot be interfered with in second appeal.

29-Aug-2003 Quick Review

(2003) 3 MLJ 417 (Mad) K.Thangamuthu versus D.Govindarajan and another Civil Procedure Code (V of 1908), O.26, Rule 9 Advocate Commissioner appointed Suit property inspected in the absence of the defendant Objections filed by the defendant Report of the Commissioner sought to be scrapped Appointment of a fresh Commissioner also sought for

13-Aug-2003 Quick Review

Commissioners report refused to be scrapped Warrant reissued to t...

(2003) 3 MLJ 408 (Mad) Palaniammal, W/o.Nallusami and others versus Palaniswami and others Civil Procedure Code (V of 1908), O.26, Rule 10-A read with O.41, Rule 27 Evidence Act (I of 1872), Sec.73 Commission for scientific investigation Whether can be appointed at the appellate stage Suit filed for specific performance Execution of the sale agreement denied Signatures compared by the trial Court Suit dismissed Appeal fil...

28-Jul-2003 Quick Review

(2003) 3 MLJ 393 (Mad) Kousalya Educational Trust represented by its Chairman, Kumaran K.Pandiyan, Vellore District versus K.Vijayakumari, W/o.Kannian and others (A) Civil Procedure Code (V of 1908 as amended by Act XLVI of 1999), Sec.115 Amendment with effect from 1.7.2002 Revision Maintainability The High Court does not have the power to vary or reverse any order except where the order had it been in favour of the party applying for revision, would have fianlly disposed of the suit or other procee...

14-Aug-2003 Quick Review

(2003) 3 MLJ 391 (Mad) M/s.Benz Automobilies Private Limited, represented by its authorised person under the Companies Act, Thiru S.Ramamurthy versus C.Mohanasundaram and others (A) Civil Procedure Code (V of 1908), O. 26, Rule 9 Suit for recovery of money Claim made on the 21-Jul-2003 basis that the landlord had not refunded the rental advance, even after the tenant had vacated the leased premises Contention by the landlord that possession was not handed over to them Appointment of Quick Review Commissioner sought for, by the tenant Per...

(2003) 3 MLJ 380 (Mad) E.Somasekaran and another versus Kanchana and others Civil Procedure Code (V of 1908), O.1, Rule 10(2) Suit for injunction Application filed by the alienee from a subsequent purchaser to implead herself as party to the suit Application allowed Order challenged, in revision - Held, the third defendant herself was a subsequent purchaser The party sought to be impleaded has purchased the prop...

8-Aug-2003 Quick Review

(2003) 3 MLJ 377 (Mad) J.Abdul Salam versus Arulmigu Koniamman Devasthanam by its Executive Officer, Periya Kadai Street, Coimbatore and others (A) Civil Procedure Code (V of 1908), O.22, Rule 2 Suit for recovery of possession Five persons 24-Mar-2003 are impleaded as defendants on the basis of wrongful possession Possession by defendants 2 to 5 established Death of the first defendant Legal representatives not impleaded Whether fatal to Quick Review the case.

(2003) 3 MLJ 354 (Mad) S.Murukesan versus S.Nachammal and another Civil Procedure Code (V of 1908), O.6, Rule 17 Two suits filed with respect to the same property One suit for declaration and permanent injunction and the other suit for declaration and recovery of possession Former suit dismissed and later suit decreed Two appeals preferred Amendment of plaint in the former suit and written statement in ...

8-Jul-2003 Quick Review

(2003) 3 MLJ 338 (Mad) Pakkirisamy versus S.Raman Civil Procedure Code (V of 1908), O.6, Rule 17 Limitation Act (XXXVI of 1963), Art.113 Period of limitation Suit for bare injunction Application filed for amendment of plaint Relief of mandatory injunction claimed instead of permanent injunction Illegal construction said to yhave been put up on 19.7.1999 Application for amendment file...

1-Jul-2003 Quick Review

(2003) 3 MLJ 297 (Mad) G.Madesan and others versus The Dharmapuri Municipality, represented by its Commissioner, Dharmapuri 30-Jul-2003 Civil Procedure Code (V of 1908) as amended O.18, Rules 4 and 5 of the Amended Act Examination of a party Whether could be done in the open Court. Quick Review

(2003) 3 MLJ 287 (Mad) Vimalammal, W/o. Karthikeyan versus Duraisamy Naidu, S/o.Muthiyalu Naidu and others (A) Civil Procedure Code (V of 1908), O.9, Rule 13 Scope and applicability Ex parte decree pased Remedy of the judgment debtor is to file a petition to set aside the ex parte decree Sufficient cause to be shown for setting aside.

29-Jul-2003 Quick Review

(2003) 3 MLJ 273 (Mad) Karunakaran versus Rajasekaran Civil Procedure Code (Amendment Act 22 of 2002), O. 18, Rule 4(1) Scope and applicability. 31-Jul-2003 Quick Review

(2003) 3 MLJ 256 (Mad) M/s.Hybro Chains Private Limited versus M/s.Asil Industries Limited,represented byy its Regional Manager,D.Gunasekaran, Chennai (A) Sale of Goods Act (III of 1930), Sec.61 Manufacturer of steel strips Supply of goods Payment not made Suit for recovery of the money due Interest claimed at the rate of 24% No contract regarding payment of interest at 24% Usage and custom in trade pleaded Interest claimed is just and reasonable.

30-Jul-2003 Quick Review

(2003) 3 MLJ 211 (Mad) K.Nagarajan versus K.S.Ramasamy, S/o.Sennimalai Gounder and another Civil Procedure Code (V of 1908), O.11, Rule 15 Civil Rules of Practice and Circular Orders, Rules 2(10), 62, 63 and 127 Suit for bare injunction Interlocutory application filed by the defendants for sending for the documents in the custody of the District Court Along with the application, copy of a document referred as complaint filed ...

17-Jul-2003 Quick Review

(2003) 3 MLJ 191 (Mad) Ponnammal versus Subburaman and another Civil Procedure Code (V of 1908), O.8, Rule 1 Suit for declaration and injunction Written statement not filed Suit decreed ex parte Petition to set aside the ex parte decree filed Written statement and necessary documents were also filed along with the petition Power of the Court to receive written statement after the expiry of 90 d...

8-Aug-2003 Quick Review

(2003) 3 MLJ 161 (Mad) The Commissioner, H.R. & C.E.(A) Department, Madras versus Arulmighu Arasadi Karpaga Vinayagar Temple, , Madras, now its Trustee C.S.Mani Mudaliar (A) Tamil Nadu Hindu Religious and Charitable Endowments Act (XXII of 1959), Sec.6(20) Civil 15-Jul-2003 Procedure Code (V of 1908), Sec.11 Res judicata Application filed for declaration that plaintiff is not a public temple The status of the temple was raised and decided in the earlier suit of the year Quick Review 1912 Suit temple is a public temple Suit barr...

(2003) 3 MLJ 98 (SC) Punjab National Bank versus Indian Bank and another Civil Procedure Code (V of 1908), O.6, Rule 17 Suit for recovery of money Relief sought for in Indian currency sought to be amended to Foreign Currency Petition for amendment Allowed by the Debts Recovery Tribunal Appellate tribunal confirmed the order High Court reversing the order of the appellate tribunal Appeal before the Supreme ...

22-Apr-2003 Quick Review

(2003) 3 MLJ 92 (SC) H.Seshadri versus K.R.Natarajan and another Civil Procedure Code (V of 1908), O.21, Rules 99 and 100 Dispossession from immovable property Redelivery of possession sought for Claim allowed Necessary considerations to seek redelivery enumerated Person dispossessed of immovable property should claim a right independent of the judgment-debtor to seek redelivery Person claiming under...

10-Apr-2003 Quick Review

(2003) 3 MLJ 74 (Mad) Dr.V.S.Mani versus Dr.K.Rajendran

Civil Procedure Code (V of 1908), Sec.11 Res judicata Partition suit Final decree proceedings Preliminary decree sought to be implemented Dispute regarding division by metes and bounds Whether principle of res judicata would arise Held, the question of res judicata does not arise on the facts and circumstances of the case Seco...

18-Jun-2003 Quick Review

(2003) 3 MLJ 67 (Mad) Duraikannu Padayachi versus Meera (A) Will Proof of Original Willnot produced No identification of signature Will held not proved. 23-Jul-2003 Quick Review

(2003) 3 MLJ 60 (SC) Surya Dev Rai versus Ram Chander Rai and others (A) Constitution of India (1950), Arts.226 and 227 Civil Procedure Code (V of 1908) as Amended by Act (XLVI of 1999), Sec.115 Revision against interlocutory orders Whether maintainable Jurisdiction of the High Court under Arts.226 and 227 of the Constitution is not affected by the amendment Act 46 of 1999.

7-Aug-2003 Quick Review

(2003) 3 MLJ 50 (SC) Manjunath Anandappa Urf Shivappa Hanasi versus Tammanasa and others (A) Specific Relief Act (47 of 1963), Secs.16(c) and 20 Relief of specific performance Discretion of the Court No pleadings with respect to readiness and willingness Terms of the sale agreement not complied with Suit for specific performance filed after six years from the date of entering the agreement Suit filed only after knowledge of...

13-Mar-2003 Quick Review

(2003) 3 MLJ 45 (Mad) Balakrishnan and another versus Chandrasekharan (A) Registration Act (XVI of 1908), Sec.17 Stamp Act (II of 1899), Sec.35 Suit for bare injunction Petition Panchayat Muchalika sought to be marked by the defendants Objection raised by the plaintiff on the ground that the document is unregistered and unstamped Permission refused by the trial Court Order challenged in revision Perusal...

11-Jul-2003 Quick Review

(2003) 3 MLJ 41 (Mad) R.Vellingiri and others versus Kuppathal Civil Procedure Code (V of 1908). Sec.100 Interference in second appeal When permissible When substantial question of law is involved, High Court can entertain a second appeal If the decision of the lower Courts is contrary to facts, perverse in nature of unsustainable in law, then the High Court can reassess or re-appreciate the evidence o...

11-Jul-2003 Quick Review

(2003) 3 MLJ 30 (Mad) M.Periasamy and others versus Korrai Kula Kongu Vellalargal represented by S.Ramasamy Gounder and others Civil Procedure Code (V of 1908), O.9, Rule 7 Defendant set ex parte Application filed to set aside 15-Jul-2003 the ex parte order, after a lapse of four years Application rejected by the trial Court O.9, Rule 7 empowers the Court to allow the defendant to contest the suit if, good cause is shown for previous Quick Review non-appearance Not different from suffi...

(2003) 3 MLJ 26 (SC) Ramesh Chand Ardawatiya versus Anil Panjwani Civil Procedure Code (V of 1908), O.8, Rule 6-A Counter claim Mode and stage for filing Written statement may contain a counter claim It can also be filed by way of subsequent pleading Counter claim can also be introduced by way of amendment only if there is a written statement already on record.

5-May-2003 Quick Review

(2003) 3 MLJ 20 (Mad) Raju and another versus Muthuammal and others (A) Benami Transaction (Prohibition) Act (XLV of 1988) Suit property whether benami property whether defendant (second appellant) has pendente lite of adverse possession. 4-Jul-2003 Quick Review

(2003) 3 MLJ 19 (Mad) Senniappa Gounder versus Ramasamy Civil Procedure Code (V of 1908), 0.6, Rule 17 Amendment of the pleadings Suit for recovery of advance money Amendment application filed to convert it to one of specific performance. 16-Jul-2003 Quick Review

(2003) 3 MLJ 16 (Mad) K.S.Ganapathy and another versus K.G.Mani Civil Procedure Code (V of 1908), O.26, Rule 9 Suit for partition Appointment of Commissioner for local investigation Purpose of Discretion of the Court Purpose of local investigation is to elucidate any point, which is left doubtful in evidence taken before Court.

15-Jul-2003 Quick Review

(2003) 2 MLJ 839 (Mad) P.Ganeshammal and others versus M.Jeganathan and others Civil Procedure Code (V of 1908), O.6, Rule 27 Amendment of pleadings When can be allowed Amendment which is necessary for proper and effective adjudication of controversy between the parties can be allowed Time barred claim cannot be allowed by way of amendment It will take away the value right accrued to the other side New defence sou...

27-Jun-2003 Quick Review

(2003) 2 MLJ 837 (Mad) P.Perumal versus Minor Kumaresan, S/o. P.Perumal, represented by his mother Mrs. Vendammal and another (A) Limitation Act (XXXVI of 1963), Sec.5 Sufficient cause Applications filed for condonation of 18-Jul-2003 delay in setting aside the ex parte decree Applications dismissed Revision preferred It is true that the question of condonation of delay should be liberally considered Facts disclose that the party Quick Review against whom, ex parte decree was pass...

(2003) 2 MLJ 835 (Mad) A.Rengaswami versus M/s.Thirukumaran Spinners represented by its Partner, R.Sengaliappan and others Civil Procedure Code (V of 1908), O.33, Rules 1, 1-A, 2, 3 and 4 Suit for cancellation of a sale deed 19-Jun-2003 Permission sought to sue as an indigent person Petition dismissed Appeal against that order Evidence disclosing that the appellant has no independent income at all Even the co-owned property Quick Review of the appellant is under mortgage Court-Fe...

(2003) 2 MLJ 753 (Mad) A.Jegannathan and others versus Local Library Authority of Trichy District represented by its Secretary and District Library Officer, Tiruchirapalli and another (A) Civil Procedure Code (V of 1908), Sec.9 Civil Court Jurisdiction of Has jurisdiction to try all 1-Apr-2003 suits except those that are expressly or impliedly barred Show bar of jurisdiction cannot be readily inferred If a statute creates an effective machinery for deciding the issue, then the Civil Courts Quick Review jurisdiction is barred by necessary imp...

(2003) 2 MLJ 732 (Mad) Dhandapani (Died) and others versus Karpakam and others Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960) as amended by Act (18 of 1973), Secs.30(i) and (ii) Transfer of Property Act (IV of 1882), Sec.111(g) Civil Procedure Code (V of 1908), Sec.9 Denial of title by tenant Maintainability of the suit in Civil Court is perfectly maintainable.

24-Mar-2003 Quick Review

(2003) 2 MLJ 726 (Mad) S.P.Dhandapani versus Prema Civil Procedure Code (V of 1908), O.21, Rule 32 Suit filed for bare injunction restraining the defendant from running the machineries in his factory Decreed by the appellate Court Execution laid for arrest of the defendant and attachment of his property Executing Court finding that decree was disobeyed but however gave one month time to the...

28-Jun-2003 Quick Review

(2003) 2 MLJ 722 (Mad) C.K.Philips (deceased) and others versus T.A.Shanmugam (deceased) and others Civil Procedure Code (V of 1908), Secs.152 and 153, O.6,Rule 17 Suit for specific performance,

11-Apr-2003

decreed Execution petition filed and stamp papers furnished Survey number of the property was found to be wrongly given Application for amending the pleadings Application dismissed Order challenged in revision The Court has ample power to co...

Quick Review

(2003) 2 MLJ 720 (Mad) Chinna Gounder versus Chellappa Gounder Civil Procedure Code (V of 1908), O.9,Rule 9 Suit for recovery of money Dismissal for nonprosecution Application filed for restoration on the 30th day Contention that due to old age (75 years) the plaintiff was not present on the date fixed for hearing Application dismissed on the grounds that it was filed on the 30th day and it was only...

17-Jun-2003 Quick Review

(2003) 2 MLJ 717 (Mad) G.Shanmugham versus C.K.Seethalakshmi Civil Procedure Code (V of 1908), O.21, Rules 37 and 38 Execution petition Arrest and detention of the judgment-debtor Civil prison can be ordered Allowed by the Executing Court Order challenged in revision Take home salary alone is not the criterion to find out the means of a person Finding of the Executing Court that the judgment-de...

9-Apr-2003 Quick Review

(2003) 2 MLJ 697 (Mad) Thamburaja and another versus Kanakasabai Padayachi Civil Procedure Code (V of 1908), O.41, Rules 27, 28 and 29 Application for production of additional evidence at the stage of the appeal Appeal dismissed Application not considered The application ought to have been decided along with the appeal Procedure for reception of additional evidence not followed by the lower appellate Court Imp...

22-Apr-2003 Quick Review

(2003) 2 MLJ 601 (Mad) A.Mohan Doss and others versus The Revenue Divisional Officer, Madurai and another (A) Scheduled Castes/Scheduled Tribes Community certificate Issuance of Burden of proof Duty of authorities Great care should be taken while considering the claim of a Schedule Tribe Judgment passed by the lower appellate Court is not correct Impugned judgment set aside.

16-Jun-2003 Quick Review

(2003) 2 MLJ 526 (Mad) A.M.Shamsudeen versus A.M.Mohamed Salihu and others (A) Civil Procedure Code (V of 1908),Sec.2(2) Decree Definition of Order passed by the Scheme Court Whether amounts to a decree The order passed by the Scheme Court does not amount to a decree A decree conclusively determines the rights of the parties with regard to all matters Order does not come within the purview of Sec.2(2).

14-May-2003 Quick Review

(2003) 2 MLJ 525 (Mad) Venkatachalam versus Angammal and another Civil Procedure Code (V of 1908), O.26, Rule 10(A) Evidence Act (I of 1872), Secs.45 and 73 Application to send the document to the handwriting expert for comparison Dismissed Order challenged in revision The application to send the document for comparison, has been belatedly filed to drag on the proceedings.

30-Apr-2003 Quick Review

(2003) 2 MLJ 516 (Mad) S.R.Kumaraswami versus Sellamuthu and others Civil Procedure Code (V of 1908), O.26, Rule 9 Suit for bare injunction Dispute regarding a pathway Advocate Commissioner appointed Report filed Re-issuance of warrant to the Advocate Commissioner, sought for Application dismissed Order challenged in revision Earlier application closed Objections filed records disclosing that ther...

25-Apr-2003 Quick Review

(2003) 2 MLJ 498 (Mad) A.Pankajam versus N.Kamatchi Mudaliar Civil Procedure Code (V of 1908), O.21, Rules 95 and 101 Suit for declaration and recovery of possession Suit decreed Trial Court decree modified in appeal Relief of recovery of possession negatived by the first appellate Court on the ground that the judgment-debtor is not in possession Third party purchasers were in possession Second a...

21-Apr-2003 Quick Review

(2003) 2 MLJ 430 (Mad) A.Jagannathan Padayachi versus Arulmighu Swaminathaswamy Devasthanam, Swamimalai, represented by its Executive Officer, Thiru A.Kumaraswamy (A) Tamil Nadu Cultivating Tenants Protection Act (XXV of 1955), Sec.2(as) Tamil Nadu Public Trusts 17-Apr-2003 Act (Regulation of Administration of Agricultural Lands) Act (LVII of 1961), Secs.51(iv) and 62 Thopes cultivating tenant Properties of the public trusts are exempted from the purview of the Quick Review Cultivating Tenants Protection Act Tenant cannot cl...

(2003) 2 MLJ 423 (Mad) N.Janardhanam (deceased) and others versus Tiruchirapalli Cooperative Building Society Limited, R.No.5114, Trichy and another Provincial Insolvency Act (V of 1920), Secs.28(6) and 51(3) Civil Procedure Code (V of 1908), Sec.47 28-Mar-2003 Suit for permanent injunction Title claimed on the basis of Court auction purchasee Plaintiff has purchased the property in Court auction Without any notice of the insolvency proceedings Plaintiff Quick Review is a bona fide purchaser in good faith...

(2003) 2 MLJ 417 (Mad) P.Lakshmanan versus M.Krishnappa and another Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of pleadings Suit for declaration and injunction in respect of easementary rights Amendment of plaint to include the relief of mandatory injunction, sought for at the appellate stage The amendment is sought for only with a view to delay the proceedings The plaintiff has not availed ...

17-Apr-2003 Quick Review

(2003) 2 MLJ 399 (Mad) PR.Chockalingam versus M.Pichai and another Civil Procedure Code (V of 1908), O.26, Rule 9 and O.41, Rule 27 Suit for permanent injunction Appointment of Commissioner sought for at the appellate stage Application allowed on the ground that the dispute related to the very identity of the suit property Order challenged in revision No ghard and fast rule can be laid down in cases of a...

26-Feb-2003 Quick Review

(2003) 2 MLJ 392 (Mad) V.Kumar versus Saroja and others Civil Procedure Code (V of 1908), O.26, Rule 1 (Explanation) Commission to examine witness When can be issued Permission sought for examining defendant witness on commission Old age and illness cited as grounds for seeking permission Medical certificate has been issued by a registered medical practitioner Medical practitioner whether ne...

17-Apr-2003 Quick Review

(2003) 2 MLJ 329 (Mad) K.M.Kannu Gounder versus Mahboob Ali Sahib and another Civil Procedure Code (V of 1908), O.21, Rules 37 and 38 Arrest and detention in civil prison When can be ordered Decree-holder is at liberty to file execution petition for attachment or for arrest But prior to embarking upon arrest, the other procedures such as attachment, should be exhausted Revision against the order refusing arrest of ...

22-Apr-2003 Quick Review

(2003) 2 MLJ 305 (Mad) K.Natarajan versus P.K.Rajasekaran Civil Procedure Code (V of 1908), Sec.149 Deficiency in payment of Court-fees Power of the Court to extend time when canbe exercised Suit for recovery of money filed on the last date of limitation One Rs.1 paid as Court-fee Court-fee not paid Extension of time sought and deficit Court-fee paid with delay The discretionary power of the...

30-Apr-2003 Quick Review

(2003) 2 MLJ 286 (Mad) Venugopal versus Chandrakasa Padayachi (deceased) and others (A) Tamil Nadu Survey and Boundaries Act (VIII of 1923), Secs.9, 11, 12, 12-A, 13 and 14 Provision are applicable only for fixing the boundary of the undisputed lands. 21-Feb-2003 Quick Review

(2003) 2 MLJ 283 (Mad)

K.Saroja versus Sankaraswamy Civil Procedure Code (V of 1908), O.9,Rule 9 Scope and applicability Suit dismissed for default Petition for restoration Allegation of Non-appearance of the party due to virus fever Counsel also failed to appear because of advocates boycotting Court No sufficient cause made for restoring the suit.

11-Mar-2003 Quick Review

(2003) 2 MLJ 254 (Mad) C.S.Robert and another versus M.Kanagappan and others Civil Procedure Code (V of 1908), Secs.9 and 12 Church Administration of Suit for declaration and injunction Plaintiffs claiming that they are in exclusive management by inheritance and rotation among themselves A detailed procedure has been made for the administration of the Church Church in question was constructed and consecrated by ...

29-Apr-2003 Quick Review

(2003) 2 MLJ 207 (Mad) Selvaraju versus Govinda Padayachi (died) and others (A) Hindu Law Partition Earlier oral partition in the year 1966 Subsequent registered partition in the year 1979 Earlier partition not a complete and well defined one Whereas later partition being complete and well defined Plaintiff alleging that the later partition is not binding Plaintiffs father remainin ex parte Plaintiff has...

10-Mar-2003 Quick Review

(2003) 2 MLJ 202 (Mad) Ellappan alias Sozhan versus Appavu Civil Procedure Code (V of 1908) as amended by Act (XXII of 2002), O. 6, Rule 17 Application for amendment of plaint Under the amended provisions, no application for amendment shall be allowed after the trial has commenced Unless the Court is satisfied that inspite of due diligence, the party could not have raised the matter before commenceme...

4-Apr-2003 Quick Review

(2003) 2 MLJ 190 (Mad) K.Mani versus Elumalai (A) Negotiable Instruments Act (XXVI of 1881), Sec.118 Indian Evidence Act (I of 1872), Secs.101 to 103 Presumption Burden to prove that no consideration passed falls on the defendant Plaintiff is a holder in due course Presumption drawn in favour of the plaintiff.

17-Apr-2002 Quick Review

(2003) 2 MLJ 186 (SC) B.Janakiramaiah Chetty versus A.K.Parthasarthi and others Civil Procedure Code (V of 1908), O.17, Rule 2 Ex parte decree Setting aside of explanation and 3(b) Day fixed for hearing of the parties did not appear Court whether can proceed with the case Ex parte decree passed due to the absence of the defendants when the case was posted for final hearing Whether remedy under O.9, Rule 13 is a...

3-Apr-2003 Quick Review

(2003) 2 MLJ 170 (SC) Shiv Shakti Co-operative Housing Society, Nagpur versus M/s.Swaraj Developers and others (A) Civil Procedure Code (V of 1908) Amendment Act (XLVI of 1999), Sec.115 Effect of amendment on civil revision petition When maintainable Revision is maintainable only if the order in favour of the party applying for revision would finally decide the suit or other proceeding If the impugned order is interim in nature or does not finally d...

17-Apr-2003 Quick Review

(2003) 2 MLJ 160 (SC) Banarsi and others versus Ram Phal Civil Procedure Code (V of 1908), O.41, Rules 22 and 33 Power of appellate Court In the absence of cross-appeal or cross-objection, the First Appellate Court did not have the jurisdiction to modify the decree.

17-Feb-2003 Quick Review

(2003) 2 MLJ 143 (SC) Sahebgouda (dead) by L.Rs. and others versus Ogeppa and others Civil Procedure Code (V of 1908), Sec. 9 Civil Courts Jurisdiction of Suit for declaration and injunction Claim that the plaintiffs are ancestral pujaris of the temple Suit whether maintainable in view of Sec.80 of Bombay Public Trusts Act, 1950 The jurisdiction of the Civil Court is not ousted

28-Mar-2003 Quick Review

merely because an application had been fil...

(2003) 2 MLJ 122 (SC) Bondar Singh and others versus Nihal Singh and others Civil Procedure Code (V of 1908), Sec.100 High Court cannot shut its eyes to perverse findings of the Courts below High Court was justified in disturbing the perverse findings rendered by the first appellate Court.

4-Mar-2003 Quick Review

(2003) 2 MLJ 121 (Mad) K.Venugopal (died) and others versus The Commissioner and Secretary to Govermemt of Tamil Nadu and others 8-Jan-2003 (A) Declaration Suit for declaration that the plaintiff belongs to Konda Reddy Community Jurisdiction of Civil Court to grant such declaration. [Para. 9] Quick Review

(2003) 2 MLJ 111 (Mad) Vanjiappa Gounder and others versus Arumuga Gounder and others (A) Easements Act (V of 1882), Secs.13 and 15 Easement of necessity Right of property originally belonged to common ancestors Respective lands having common access Earlier partition deed also referring to the suit cart-track No alternative access Cart-track enjoyed for more than the statutory period Hence, the plaintiffs claiming unde...

3-Mar-2003 Quick Review

(2003) 2 MLJ 98 (SC) Modi Entertainment Network and another versus W.S.G.Cricket PTE Limited Civil Procedure Code (V of 1908), Secs.15 and 20 Place of suing Contract between parties Agreement that English Courts shall have non-exclusive jurisdiction One suit filed in Bombay Court Other suit filed in an English Court Anti-suit injunction granted by the single Judge Order reversed by the Division Bench Whether anti-suit injun...

21-Jan-2003 Quick Review

(2003) 2 MLJ 87 (Mad) Kodaikananl International School, represented by its Principal, Dr.Bruce N.Robinson, Principal Quarters, Kodaikanal International School Campus, Kodaikanal versus Minor Nihal Ghosh, through his mother and Natural Guardian Elaine Mari Ghosh, Bangalore Constitution of India (1950), Art.227 Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 21-Mar-2003 Mandatory injunction Grant of, pending suit When permissible Revision against an order of mandatory injunction directing the school to admit and allow the student to continue his education Quick Review Neither any notice was issued nor reasons were assigned f...

(2003) 2 MLJ 63 (Mad) Babu SheriffaliasSaibullah Sheriff versus Magbul Sheriff and others Civil Procedure Code (V of 1908), Sec.100 Scope Interference by the High Court When warranted Concurrent findings rendered on the basis of the oral and documentary evidence No interference is called for in second appeal.

21-Mar-2003 Quick Review

(2003) 2 MLJ 57 (SC) Chief Conservator of Forests, Government of Andhra Pradesh versus The Collector and others (A) Constitution of India (1950), Art.300 Civil Procedure Code (V of 1908), Sec.79, O.1, Rules 9 and 10 Order passed by revenue authority Challenged by the forest officer Writ petition filed Whether the writ petition is maintainable Filing of a writ petition by one department against the other is not only against property and polity, bu...

18-Feb-2003 Quick Review

(2003) 2 MLJ 54 (SC) Kasturi Bai and others versus Anguri Chaudhary (A) Civil Procedure Code (V of 1908), Sec.115 Petition to recall final order passed by a single Judge in revision Allegation notice was not served on the respondent Petition posted before a Division Bench for hearing Bench treating application as appeal and dismissed the same Dismissal of application whether proper.

5-Feb-2003 Quick Review

(2003) 2 MLJ 49 (Mad)

K.Ayyasammy versus Mohanasundari and others Indian Fatal AccidentsAct (XIII of 1855), Sec.2 Civil Procedure Code (V of 1908), Secs.50 and 60 Compensation awarded by the motor accident claims tribunal Whether forms part of the estate of the deceased liable to be attached Compensation amount represents the loss of earning capacity It is the amount paid for loss of dependency It is ...

18-Mar-2003 Quick Review

(2003) 2 MLJ 37 (Mad) A.R.Ponnusamy versus Thoppalan alias Karuppa Gounder (A) Air (Prevention and Control of Pollution) Act (XIV of 1981), Secs.31 and 46 Constitution of India (1950), Art.227 Civil suit for injunction restraining the defendant from causing air pollution Whether the Civil Courts jurisdiction is barred in view of Sec.46 of the Act Held, Sec.66 of the Act is intended to preserve the statutory protec...

21-Mar-2003 Quick Review

(2003) 2 MLJ 33 (Mad) Dr.K.Malathi versus Dr.S.Rajasekaran Family Courts Act (66 of 1984), Sec.13 Civil Procedure Code (V of 1908), O.3, Rules 1 and 2 Revision against the order of the Family Court exempting the husband from personal appearance, after he was examined in chief and cross Held, no party to the Family Court can seek dispensation of personal appearance, once for all Considering the pecu...

21-Mar-2003 Quick Review

(2003) 2 MLJ 1 (SC) Achaldas Durgaji Oswal (dead) through L.Rs. versus Ramvilas Gangabisan Hoda (dead) through L.Rs. and others (A) Civil Procedure Code (V of 1908), O.34, Rules 7 and 8 Scope and applicability Transfer of 15-Jan-2003 Property Act (IV of 1882) Usufructuary mortgage Redemption of Time limit for applying for final decree. Quick Review

(2003) 1 MLJ 823 (Mad) George Thomas versus Smt.Srividya (A) Tamil Nadu Court-fees and Suits Valuation Act (XIV of 1955), Sec.30 Valuation of immovable property Court-fee must be paid on market value of the property Defendant cannot raise plea of deficit court-fee at appellate stage No finding was given by single Judge on deficit court-fee In the event of the judgment and decree in the suit bei...

4-Mar-2003 Quick Review

(2003) 1 MLJ 767 (Mad) Murugesan versus Karuppayee Ammal and another (A) Evidence Act (I of 1872), Sec.145 Report and plan of the Advocate Commissioner in another suit can be marked only by examining that Advocate Commissioner. 4-Mar-2003 Quick Review

(2003) 1 MLJ 760 (Mad) Palani Municipal Council through its Commissioner, Gandhi Road, Palani, Dindigul Anna District versus C.Sadasivam (A) Transfer of Property Act (IV of 1882), Sec.116 Holding over When arises Requirements for 20-Feb-2003 entitlement of holding over, (a) Lease must be determined, (b) Lessee must remain in possession and (c) Lessor should continue to receive rent Non-compliance of any of the requirements, will disentitle, the Quick Review lessee from claiming relief as a tenant ...

(2003) 1 MLJ 730 (Mad) M/s K.D.Menon and another versus M/s Panchitra, represented by its Partner Potti Srinivasalu Chetty and others Civil Procedure Code (V of 1908), Sec.11 Doctrine of res judicata Applicability of res judicata does 4-Mar-2003 not depend on the decision being ex parte or bi parte The part is as much bound by an ex parte decree as by a contested one. Quick Review

(2003) 1 MLJ 722 (Mad) S.Ramesh Babu versus R.Bhaskar and another Civil Procedure Code (V of 1908), O.39,Rules 1 and 2 Specific Relief Act (XLVII of 1963), Sec.38 Suit for bare injunction Ad interim injunction granted Order set aside in appeal Revision against that order In a suit for injunction, if is the duty of the plaintiff to establish his possessionon the date of the suit Plaintiff failing to ...

3-Mar-2003 Quick Review

(2003) 1 MLJ 693 (Mad) Saravana Pillai versus A.S.Mariappan and others Civil Procedure Code (V of 1908), Sec.114 and O.47, Rule 1 Review Power of When can be exercised Power of review cannot be exercised on the ground that the decision was erroneous on merits Review is not an appeal to disguise There can be no appreaisal and re-appreciation of the evidence in review.

21-Feb-2003 Quick Review

(2003) 1 MLJ 613 (Mad) XS Financial Services Limited and another versus N.Devendran and others Civil Procedure Code (V of 1908), O.23, Rule 3 Pending suit for recovery of money, application filed by plaintiff for recording memorandum of compromise Application by the defendant seeking to set aside the order Execution proceedings also sought to be stayed Order set aside by the single Judge The application filed for stay of execution ...

30-Jan-2003 Quick Review

(2003) 1 MLJ 605 (Mad) B.Prabhakaran and others versus C.Veerasamy Naidu and others Civil Procedure Code (V of 1908), Sec.35-A Compensatory costs When can be awarded What is the maximum limit Suit for declaration and Injunction, dismissed for default Plaintiff directed to pay costs of Rs.10,000 to each of the defendants Revision against that order The attitude of the plaintiffs is not appreciable No doubt, the Cour...

21-Feb-2003 Quick Review

(2003) 1 MLJ 586 (Mad) Ravi Fabrics versus Shaherbon Traders and others (A) Civil Procedure Code (V of 1908), Sec.34(1) Interest Act (XXXII of 1839) Sale of Goods Act (III of 1930), Sec.61 Interest Meaning of. 3-Jan-2003 Quick Review

(2003) 1 MLJ 563 (Mad) Basha Sahib versus Valikandapuram Village Kasi Viswanathaswamy Koil represented by its Villagers of Sellamuthu and others Hindu Religious and Charitable Endowments Act (XXII of 1959), Sec.34 Civil Procedure Code (V of 27-Jan-2003 1908), Sec.9 Suit by worshippers in representative capacity for declaration that suit property belongs to the temple and permanent injunction sought for for Maintainability Sale in favour of the Quick Review defendant without the permission of the Commissione...

(2003) 1 MLJ 556 (Mad) V.P.Subramaniam versus P.Saraswathi Civil Procedure Code (V of 1908), O.16, Rules 7 and 7-A Summoning and attendance of witnesses Whether the defendant can be compelled to give evidence Rule 7 of O.16 relates to the power of the Court to require persons to give evidence It is an enabling provision Rule 7-A contemplates issue of summons requiring attendance of any party No...

19-Feb-2003 Quick Review

(2003) 1 MLJ 550 (Mad) N.Karpagam and others versus P.Deivanaiammal alias Deivathal alias Deivathayee Ammal (A) Injunction Suit for Petition for interim injunction filed Interim injunction granted Subsequently made absolute Petition to provide police protection asked for Petition ordered Revision against that order Dismissed Civil Court has jurisdiction to grant police protection.

31-Jan-2003 Quick Review

(2003) 1 MLJ 537 (Mad) Perumayee versus K.Arumugam and others Civil Procedure Code (V of 1908), O.23, Rule 1 Suit for bare injunction restraining the defendants from alienating the suit property Suit property alienated during pendency of the suit Subsequent comprehensive suit filed by the same plaintiff Earlier suit sought to be withdrawn with liberty to file a fresh suit on the same cause of action ...

23-Jan-2003 Quick Review

(2003) 1 MLJ 536 (Mad)

M/s. V.R. Subbaraya Gounder & Sons, Partnership Firm, represented by its Partner V.R. Sadasivam versus S.K. Samy & Sons, Warehouse, a Registered Partnership firm, represented by its Partner S.K. Parthasarathy and another Civil Procedure Code (V of 1908), O.1, Rule 10 Exonaration of defrendants from suit without notice 24-Jan-2003 to defendant Whether proper Trial Court dismisses their petitioner to implead Order set aside in revision Court made the following order. Quick Review

(2003) 1 MLJ 530 (Mad) Vijayalakshmi Leather Industries (P) Limited, Chennai versus K.Narayanan and others (A) Civil Procedure Code (V of 1908), O.21, Rules 97 to 104 Scope and applicability Transferee from the judgment-debtor Meaning of would include transferee of a transferee from the judgmentdebtor.

27-Jan-2003 Quick Review

(2003) 1 MLJ 493 (Mad) Sri Gangai Vinayagar Temple, Pondicherry represented by Members of Trust Committee and others versus Meenakashi Ammal and others Civil Procedure Code (V of 1908), Sec.11 Principles of res judicata Applicability Factors to be considered. 6-Jan-2003 Quick Review

(2003) 1 MLJ 474 (Mad) K.Nagarajan versus R.Radha and another Constitution of India (1950), Art.227 Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Court ordering status quo Revision against order of Lower Court finding prima facie and balance of convenience in favour of the plaintiff Whether the lower Court is justified in ordering status quo Entire evidence in favour of the plaintiff...

27-Jan-2003 Quick Review

(2003) 1 MLJ 465 (Mad) Thirupathi versus Kothai Aachi Civil Procedure Code (V of 1908), Sec.21, O.8, Rule 9 Objection to jurisdiction To be raised before the Court of first instance Whether there is initial lack of jurisdiction no amount of a consent of the parties can create jurisdiction.

14-Jan-2003 Quick Review

(2003) 1 MLJ 463 (Mad) Sivagurunathan versus Rajendrababu and others Civil Procedure Code (V of 1908), O.22, Rule 3 Scope and applicability Procedure to be followed. 10-Jan-2003 Quick Review

(2003) 1 MLJ 462 (Mad) Ganesa Naicker versus Subbiah Thevar and others Civil Procedure Code (V of 1908), O.26, Rule 9 Advocate Commissioner Appointment of Purpose of such appointment. 14-Jan-2003 Quick Review

(2003) 1 MLJ 445 (Mad) Banumathi alias Karunaiammal versus A.P.Athanari and others (A) Civil Procedure Code (V of 1908), Sec.47, O.21, Rules 17 and 101 The Executing Court has jurisdiction to decide all questions raised by the complainant Instant of Rule 101 is to alienate any technical objections to applications filed by aggrieved party Any person claiming a right over the property in respect of which he resists dispossess...

19-Dec-2002 Quick Review

(2003) 1 MLJ 439 (Mad) N.Nallaswamy versus K.N.Perumal and others Civil Procedure Code (V of 1908), O.41, Rule 22 Suit for declaration and injunction Suit dismissed by the trial Court Appeal by the plaintiff and cross-objection by the defendants Declaratory relief granted to the plaintiff, subject to the right of the defendants Second appeal by the plaintiff Question whether the defendants can file cr...

27-Dec-2002 Quick Review

(2003) 1 MLJ 409 (Mad) Nataraja Gounder and others versus Sakthivel (A) Civil Procedure Code (V of 1908), O.VI, rule 2 Transfer of Property Act (IV of 1882), Sec.5 Doctrine of lis pendens Partition Suit filed by purchaser Bona fide purchasers of properties without notice of suit Adopting written statement of contesting defendant No pleading regarding bona fide purchase No issue framed in this ...

25-Nov-2002 Quick Review

(2003) 1 MLJ 386 (Mad) M/s. Wonderweld Electrodes (Private) Limited, Ankileshwar District Bharuch, Gujarat represented By Director Suryakant C. Patel, represented By its Power of Attorney Prushat V. Patel versus Ahura Welding Electrodes Manufacturing Limited, Coimbatore and others Trade and Merchandise Marks Act (43 of 1958), Secs.2(1)(m)e), c, 2(1)(s), 28(1), 36, 44, 48(1), 48(2), 28-Nov-2002 49(1), 49(2), 49(3) Civil Procedure Code (V of 1908), O.39 Suit for injunction By licencee of trade mark Restraining assignment of trade mark by owner in favour of other licencee Trade mark Quick Review assigned by owner in favour of others Injunct...

(2003) 1 MLJ 363 (Mad) Gandhimathi Ramayya versus Syed Mohideen Civil Procedure Code (V of 1908) as amended by Act (XLVI of 1999 and 22 of 2002), Sec.102 Suit for recovery of money decreed by the lower Courts Second appeal filed by the defendant Value of the second appeal less than Rs.25,000 Objections raised by the Registry on the ground that as per Amendment Act 22 of 2002, the second appeal is not ma...

15-Nov-2002 Quick Review

(2003) 1 MLJ 353 (Mad) S.T.Sundaram versus Veerateswaran and others Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Constitution of India (1950), Art.227 Revision against an order restraining the town planning authorities from issuing no objection certificate to the petitioner Petitioner putting up a kalyana mandapam in the year 2001, itself First respondent, having personal enmity with the petiti...

2-Dec-2002 Quick Review

(2003) 1 MLJ 339 (Mad) Mohd. Yucub and another versus N.Mohanraj and others (A) Registration Act (XVI of 1908), Sec.77 Statutory suit for mandatory injunction directing the District Registrar to Register the sale deed Suit filed since the appeal presented under Sec.72 of the Act, was returned Application filed by the defendants, to dismiss the suit as not maintainable Alternate remedy by way of appeal is proved A...

7-Jan-2003 Quick Review

(2003) 1 MLJ 294 (Mad) Varadarasu alias Devarasu versus Malone Veerasamy alias Thanapal and others (A) Evidence Act (I of 1872), Secs.101 to 103 Civil Procedure Code (V of 1908), O.7 Suit for declaration andd recovery of possession Plaintiffs have to establish their case by acceptable oral and documentary evidence Plaintiffs have failed to establish their case Lower appellate Court finding fault with the defendant Decreed the suit ...

9-Oct-2002 Quick Review

(2003) 1 MLJ 258 (Mad) Oriental Insurance Company Limited, Branch Office, Pollachi versus C.Santhamani and others (A) Motor Vehicles Act (IV of 1939), Sec.95(2)(6) Motor accident Compensation payable Liability of the insurer Insured not paying any extra premium Heldd, the insurer need not pay anything more than the amount limited by the Statute, since the policy does not contain a different provision Insured is liable to pay the balance amount to t...

5-Dec-2002 Quick Review

(2003) 1 MLJ 253 (Mad) Govindasamy versus Ravi and others Motor Vehicles Act (IV of 1939), Sec.110-A Civil Procedure Code (V of 1908), Sec.2(11) Application for compensation Death of a person in motor accident Claim for compensation made befiore the Tribunal Claimant alleged to be the first cousin of the deceased Claimant whether entitled to compensation.

5-Dec-2002 Quick Review

(2003) 1 MLJ 220 (Mad)

Special Tahsildar and Land Acquisition Officer, Nagercoil versus Daisy Morayin and others (A) Land Acquisition Act (I of 1894), Sec.23 Civil Procedure Code (V of 1908), O.26, Rule 9 Determination of the market value of the acquired land Whether Commissioner can be appointed for estimating the value.

12-Dec-2002 Quick Review

(2003) 1 MLJ 206 (Mad) Gengadurai naicker and another versus A.Chockalingam and another (A) Civil Procedure Code (V of 1908), O.2, Rule 2 Bar of suit cause of action for the earlier suit was the attempt of the defendants to trespass into the suit lands cause of action for the present suit is the refusal of the defendants to execute the sale deed Earlier suit for bare injunction and present suit for specific performance earli...

26-Sep-2002 Quick Review

(2003) 1 MLJ 194 (Mad) P.Baskaran versus Secretary, Neyveli Lignite Corporation Ltd., Neyveli and another Civil Procedure Code (V of 1908), Sec.100 Suit for declaration of the date of birth of the plaintiff Suit decreed Trial Court judgment set aside in appeal Second Appeal by the plaintiff The Lower Appellate Court has allowed the appeal only on the question of limitation Lower Appellate Court has failed to consider the materials available...

15-Nov-2002 Quick Review

(2003) 1 MLJ 190 (Mad) N.Rathina Reddy and others versus N.Rani ammal and others Civil Procedure Code (V of 1908), O.41, Rule 27 Production of Additional evidence of the stage of Second Appeal Whether permissible Can be received in evidence only when they are necessary to pronounce judgment On facts, the additional documents are not required to pronounce judgment Permission refused Second Appeal dismissed.

1-Nov-2002 Quick Review

(2003) 1 MLJ 183 (SC) Balla Ram (dead) by L.Rs. and others versus Phola (dead) by L.Rs. and others Civil Procedure Code (V of 1908), Sec.100 Second appeal Dismissed by short non-speaking order Not proper Substantial questionof law to be framed Matter remanded High Court to consider whether any substantial question of law arise.

27-Nov-2002 Quick Review

(2003) 1 MLJ 182 (Mad) Pavithra, represented by Power Agent S.Rajkumar Kalingarayar versus Rahul Raj Civil Procedure Code (V of 1908), O. 3, Rules 1 and 2 Family Courts Act (66 of 1984), Sec.13 Petition for divorce filed by the husband Wife executing registered power of attorney in favour of her father to defend legal proceedings Wife leaving for the United States to pursue her studies Power of attorney executed, prior to the divorce pet...

29-Nov-2002 Quick Review

(2003) 1 MLJ 179 (Mad) L.RMK.L.Kannan alias Ramakraishnan and others versus L.RMK.Valliappa Chettiar and others Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Specific Relief Act (47 of 1963), Sec.37 Coowners Injunction Whether can be granted in case of Co-ownership Every co-owner has a right over every part of the property No one can be kept out of enjoyment by the other Similarly agents cannot keep the other co-owners out of possessio...

4-Dec-2002 Quick Review

(2003) 1 MLJ 134 (Mad) N.T.Shanmugham and others versus Kondalavannan and others (A) Tamil Nadu Hindu Religious Charitable Endowments Act (II of 1959), Sec.69 Final Scheme framed by Deputy Commissioner approving the draft scheme Appeal filed against draft scheme only and not against the final scheme Commissioner cannot modify or amend final scheme.

30-Aug-2002 Quick Review

(2003) 1 MLJ 131 (Mad) The Treasurer, Chennai Devangar Mahajana Sabhai versus M.Rajappan and others Civil Procedure Code (V of 1908), O. 26, Rule 9 Appointment of a Commissioner to verify the whereabouts of a particular person during a particular period Dismissed Revision against that order Also dismissed Matter to be established by evidence only.

15-Nov-2002 Quick Review

(2003) 1 MLJ 92 (SC) Mahila Bajrangi (dead) through L.Rs. and others versus Radribai, W/o. Jagannath and another (A) Civil Procedure Code (V of 1908), Sec.11 Res judicata Applicability Suit for declaration of title and recovery of possession Claim made on the basis of a gift deed executed by the plaintiffs mother Defendants denying the parentage Plaintiffs mother said to have married G second time, when her first marriage was subletting Defe...

19-Dec-2002 Quick Review

(2003) 1 MLJ 73 (Mad) M.Kaliya Perumal, S/o Muthan, Kallankurichi Village, Ariyalur Taluk versus Lakshmi, W/o.Kaliyaperumal, Kallankurichi Village, Ariyalur Taluk and another Civil Procedure Code (V of 1908), Sec.125 Husband filing a petition for restitution of conjugal right 6-Sep-2002 Wife remained ex parte Decree not executed but in force Wife filed a suit for maintenance for herself and her minor daughter Suit decreed Appeal dismissed Second appeal to the High Court Quick Review Decree by the competent Court was in forcde...

Vijay Kumar Madan and others versus R.N.Gupta Technical Education Society and others Civil Procedure Code (V of 1908), O.9, Rule 7 Scope and applicability Application to set aside ex parte order under O.9, Rule 7 Terms and condditions that may be imposedd on ddefendant Terms should not be too onerous or have the effect of virtually decreeing the suit.

18-Apr-2002 Quick Review

(2003) 1 MLJ 55 (Mad) G.Murugan and others versus Manickam (A) Civil Procedure Code (V of 1908), O. 7, Rule 11 Order rejecting of plaint is a decree No revision lies Only appeal is maintainable. 25-Oct-2002 Quick Review

(2003) 1 MLJ 44 (Mad) Sam Jacob versus Pushparani, Secretary, Primary Agricultural Co-operative Bank, Paraicode, Kanyakumari and others Civil Procedure Code (V of 1908), O. XXXVIII, Rule I Temporary injunctiuon Grant or refusal of 19-Nov-2002 Covered by three well-established principles Petitioner/ Secretary of Primary Co-operative Agricultural Bank Suit for declaration that the petitioner is the duly appointed Secretary Petition Quick Review for interim injunction restraining the defendants fr...

(2003) 1 MLJ 44 (SC) Basant Singh and another versus Roman Catholic Mission Civil Procedure Code (V of 1908), O. 5, Rule 19-A and O. 9, Rule 13 read with General Clauses Act (X of 1897), Sec.27 Judgment-debtor filing application to set aside ex parte decree Dismissed Appeal against that order No summons were issued to judgment-debtor substituted service whether can be ordered Whether the service of notice by regi...

3-Oct-2002 Quick Review

(2003) 1 MLJ 41 (Mad) The Executive Officer, Ayyalur Town Panchayat, Vedasandur Taluk, Dindigul District versus A.Mahalakshmi Civil Procedure Code (V of 1908), O.26 Appointment of a Commissioner Suit for permanent 25-Oct-2002 injunction Application for appointment of an Advocate Commissioner to value property Application allowed Revision against that order by the defendant Commissioner had already been Quick Review appointed twice submitted report No need to appoint again an advocat...

(2003) 1 MLJ 33 (Mad) Pushpa Bai Stalin (died) and others versus Dhaya Poomkamazh and others Civil Procedure Code (V of 1908), O.47, Rule 21 Production of additional evidence at appellate stage When can be permitted Three contingencies are laid down Additional evidence cannot be permitted to be let in at the appellate stage to remove the lacunna Suit for partition dismissed Appeal by the defendants Applicant to let in documen...

11-Nov-2002 Quick Review

(2003) 1 MLJ 19 (Mad) Cholan Roadways Corporation Limited represented by its General Manager, Kumbakonam versus Kasthurai Ammal and others (A) Land Acquisition Act (I of 1894) Acquisition of land by the Government for construction of 23-Oct-2002 additional depot for Cholan Transport Corporation at Coimbatore All the procedures prescribed

followed Award passed compensation fixed Rs.150 per sq.ft. Reference to the Civil Court Civil Court fixing the compensation at Rs.25.30 per sq.ft. Ap...

Quick Review

(2002) 3 MLJ 821 (Mad) Hamsa, W/o.Kuppa Mandiri and another versus Kuppa Mandiri, S/o.Chinnappa Mandiri and others Civil Procedure Code (V of 1908), Sec.100 Scope and powers under Plea of adverse possession No finding regarding adverse possession by the lower appellate Court The High Court can interfere under Sec.100 Impugned judgment set aside Second appeal allowed.

4-Oct-2002 Quick Review

(2002) 3 MLJ 801 (Mad) Shanmughasundaram and another versus Sinnammal and another (A) Civil Procedure Code (V of 1908), Sec.100 Suit for Bar injunction Dismissal by the trial Court Appeal by the plaintiff Appellate Court dismissed the second appeal Concerned finding of fact regarding possession Substantial question of law involved High Court can interfere in second appeal.

12-Feb-2002 Quick Review

(2002) 3 MLJ 788 (Mad) Suryagandhi versus Lourduswamy (A) Civil Procedure Code (V of 1908), Sec.100 Suit for specific performance Suit dismissed Trial Court judgment set aside in appeal Second appeal to the High Court Many questions of law arising for consideration Both counsel jointly requesting the Court To treat the second appeal as a first appeal since a remand would prejudice both p...

16-Sep-2002 Quick Review

(2002) 3 MLJ 758 (Mad) Dr.P.R. Govindarajulu versus Srinivasa Vyas Civil Procedure Code (V of 1908), Secs.115, 151, O.13, Rule 2 and O.13, Rule 17 Petition to recall the plaintiff and reopen the evidence Petition dismissed Revision against that order The Court may at any stage of the suit, recall any witness Such right can be exercised at the instance of a party also Revision dismissed.

25-Oct-2002 Quick Review

(2002) 3 MLJ 756 (Mad) The Special Tahsildar, ADDW, Gangayam versus Tmt.Jayalakshmi Civil Procedure Code (V of 1908), Secs.151, 152 and 153 Land Acquisition Act (I of 1894), Secs.23(1)(A), 28 and 31 Lands acquired for providing house sites Compensation fixed Quantum of compensation raised in appeal Interest directed to be given at 12% p.a. till the date of actual payment as per Sec.23(1)(A) Court can award interest onl...

20-Sep-2002 Quick Review

(2002) 3 MLJ 732 (Mad) Jayaraman and another versus The Union of India represented by the Secretary to Government, Revenue Department, Government of Pondicherry, Pondicherry and another Civil Procedure Code (V of 1908), Sec.114, O.47, Rule 1 Review of the judgment Allegation that 6-Sep-2002 the judgment of the Supreme Court was not brought to the notice of the High Court Division Bench cannot anticipate future judgments of the Supreme Court There is no error apparent on the face of Quick Review the record The review application is an appeal in ...

(2002) 3 MLJ 713 (Mad) S.Sandanam and another versus V.Karuthapandian and another Civil Procedure Code (V of 1908), O.6, Rule 2 Variance betwen pleadings and evidence Whether party can abanden his case in the plaint and set up a new case in trial Case put forwardd by the plaintiffs is totally abandoned Originally plaintiffs claim ancestral rights and during evidence They claim rights as tenants No evidence can be loo...

4-Oct-2002 Quick Review

(2002) 3 MLJ 704 (Mad) Palanisamy @ Uthayarpalayanthan versus Apparsamy Civil Procedure Code (V of 1908), O.41, Rule 23 Suit for bare injunction dismissed on the ground that the relief of declaration was not sought for On appeal, the matter was remanded back to the Trial Court remand made on the grounds that the Trial Court did not consider the Commissioners report and the plaint had to be amended to include bot...

26-Sep-2002 Quick Review

(2002) 3 MLJ 611 (Mad) Gopalakrishnaswamy Picture Trust represented by G.Pakkirisamy, Kumbakonam versus Nathaswaram Govindasamy Pillai and others (A) Civil procedure Code (V of 1908), Sec.92 Alienation of trust property by its trustee Suit for 23-Sep-2002 declaration and recovery of possession Plaintiff claiming to be the de facto trustee When there is wrongful alienation of trust property, even a worshipper is entitled to file a suit for recovery of Quick Review possession.

(2002) 3 MLJ 540 (Mad) Duraisamy versus R.Ramanathan Civil Procedure Code (V of 1908), Sec.115, O.38, Rules 5 and 6 and O.43, Rule 1(q) Suit for recovery of money Application filed for an order ddirecting the defendant to furnish security or in default for attachment of his property Defendant not furnishing security Order of attachment made Revision against that order Preliminary objectio...

20-Sep-2002 Quick Review

(2002) 3 MLJ 510 (Mad) Mrs.Vera Marie Vas and another versus Mrs.Joyce Primrose Preston Nee Vas and others Civil Procedure Code (V of 1908), O. 8, Rule 9 Scope and applicability Petition seeking leave of the Court to file subsequent pleadings Leave granted by the trial Court Revision against that order Dismissed.

27-Sep-2002 Quick Review

(2002) 3 MLJ 501 (Mad) Chinnammal versus M.Ramasamy Naicker and another Civil Procedure Code (V of 1908), O.41, Rule 31 Point for determination in appeal Lower Appellate Court not framing points as required under the Code Provisions of O.41, Rule 31 are mandatory Non-compliance would make the judgment defective Matter remitted the lower appellate Court Directions given to dispose of the appeal by strictly a...

17-Oct-2001 Quick Review

(2002) 3 MLJ 471 (Mad) S.Ganesan versus S.Issac (deceased) and others Civil Procedure Code (V of 1908), O.2, Rule 2 Suit for partition Suit resisted on the ground that it is barred under O.2, Rule 2 read with Sec.11(4) Concurrent finding against the plaintiff Second appeal to the High Court Plea of bar of suit is a highly technical plea Bar of suit would arise, only if there is completely identity of cour...

12-Aug-2002 Quick Review

(2002) 3 MLJ 465 (Mad) M.Ravi versus R.Vasanthakumari Civil Procedure Code (V of 1908), O.38, Rules 5 and 6 Suit for recovery of money Application filed for a direction to the defendant to furnish security or in default for attachment of petition property Three properties offered as security by the defendant Security found to be insufficient as per the value in the sale deeds Attachment of p...

3-Sep-2002 Quick Review

(2002) 3 MLJ 454 (Mad) Uchimahali alias Thurai versus Nagoor Kani Civil Procedure Code (V of 1908), Sec.148 Extension of time Power of the Court Ex parte decree passed on 28.4.1999 Conditional order passed by the Court for setting aside the ex parte decree Defendant directed to pay costs on or before 24.11.1999 Costs not paid within the stipulated time Final order passed on 29.11.1999 dismissing the...

19-Jul-2002 Quick Review

(2002) 3 MLJ 431 (Mad) A.Leo versus Campion Higher Secondary School, represented by its Headmaster and Correspondent, Tiruchirapalli Civil Procedure Code (V of 1908), Sec.100 Power of the High Court When can interfere 6-Aug-2002 Employee removed from service after issuance of charge memo and subsequent enquiry Order of dismissal not challenged Suit filed to declare the proceedings as being void ab initio illegal and Quick Review without jurisdiction Employee alleging lack of opportunity M...

(2002) 3 MLJ 415 (Mad) K.Ramalingam versus Parvathi and others (A) Civil Procedure Code (V of 1908), Sec.151 Scope When can be invoked Award passed by

30-Aug-2002

the claims tribunal Challenged by the owner of the vehicle Vehicle involved in the accident purchased under the Hire Purchase Scheme Bank agreeing to insure the vehicle and renew the same from time to time till the entire loan is cleared Insurance ...

Quick Review

(2002) 3 MLJ 404 (Mad) K.Narasimhan (deceased) and others versus K.Rajagopal Civil Procedure Code (V of 1908), Secs.9 and 21 Tamil Nadu City Tenants Protection Act (III of 1972 as amended by Act XXIV of 1973), Sec.9(1)(a)(ii) Petition filed by tenant for an order directing the landlord to sell the property Claim made on the basis of the City Tenants Protection Act Landlord denying the tenancy Landlord also conte...

22-Jul-2002 Quick Review

(2002) 3 MLJ 383 (Mad) Sundaram versus Manickam and another Civil Procedure Code (V of 1908), Sec.100 Suit for declaration and permanent injunction Suit dismissed Appeal by the plaintiff is also dismissed Appellate Court deciding without application of mind Lack of appreciation of evidence Second appeal by the plaintiff First Appellate Court has concurred with the findings of the trial Court ...

17-Jul-2002 Quick Review

(2002) 3 MLJ 375 (Mad) Villupuram Municipality represented by its Commissioner, Villupuram versus M.Subramanian and others (A) Tamil Nadu Town and Country Planning Act (1971), Sec.50 Validity of sanctioned plan Area 1-Jul-2002 earmarked for public purpose Not developed for three years Landowner selling land after the said three years period was over Suit by Municipality for recovery of possession Whether sanctioned Quick Review plan expires after three years Whether vests in the...

(2002) 3 MLJ 319 (Mad) Hema versus Parthasarathy Civil Procedure Code (V of 1908), Sec.151 Family Courts Act (LXVI of 1984), Divorce Cases inherent powers of Court Husband not making payment of maintenance and litigation expenses Court involving inherent power Dismissing the main O.P. Whether proper Where there is failure to make such payment, it is open to the affected party to file ...

31-Jul-2002 Quick Review

(2002) 3 MLJ 259 (Mad) Kolandasamy versus Rathinam alias Rathinayal Civil Procedure Code (V of 1908), O.8, Rule 9 Suit for partition and separate possession Plaintiff claiming right under her maternal grand-father Defendant claiming exclusive right on the basis of Will executed by his maternal grand-father Defendant also claiming he is in possession of the suit property, which is a dwelling house When mat...

9-Jul-2002 Quick Review

(2002) 3 MLJ 234 (Mad) Jayaraman versus Kumaran and others (A) Letters Patent Act, Clause 15 and Sec.11 of Civil Procedure Code Suit for partition Another suit by defendant for declaration and permanent injunction Joint trial Partition of A schedule property dismissed Decree for declaration of B schedule property deleting certain items Common judgment Appeals by plaintiffs and other sha...

10-Jul-2002 Quick Review

(2002) 3 MLJ 229 (Mad) Chinnasamy versus Subakmul Gulecha and another Civil Procedure Code (V of 1908), Sec.64 Suit for declaration and permanent injunction Suit property was attached Attachment was in force Property by the plaintiff Plaintiff claiming to be a bona fide purchaser for value Validity of the Court auction sale also questioned Suit dismissed Appeal by the plaintiff also dismissed Secon...

26-Jul-2002 Quick Review

(2002) 3 MLJ 212 (Mad) The Special Tahsildar, The Tamilnadu Magnesite Limited, Salem and another versus T.Nagendran and others (A) Land Acquisition Act (I of 1894), Sec.48(B) Respondents lands acquired by the Government 30-Jul-2002 Acquisition proceedings Lands vesting with the Government in 1983/1984 In 1997, Government deciding that lands are not required for the purpose for which they were acquired Sec.48(B) whether Quick Review retrospective Crucial date for consideration The dat...

(2002) 3 MLJ 196 (SC) Muthu Gounder versus Ammayee Ammal Civil Procedure Code (V of 1908), Sec.100 Second appeal Interference in second appeal without framing substantial question of law is impermissible However High Court has power to hear the appeal on any other substantial question of law not formulated by it, giving reasons therefor.

9-Jul-2002 Quick Review

(2002) 3 MLJ 177 (Mad) R.Vimalchand and another versus Ramalingam and others Specific Relief Act (XLVII of 1963) Civil Procedure Code (V of 1908), O.2, Rule 2 Suit for specific performance of an agreement Earlier suit by the same plaintiff for bare injunction Readiness and willingness Vendor suppressing the earlier mortgage Court directing the purchaser to deposit the balance of sale consideration Amount depos...

20-Jun-2002 Quick Review

(2002) 3 MLJ 160 (SC) Sampath Kumar versus Ayyakanny and another Civil Procedure Code (V of 1908), O.6, Rule 17 Suit for bare injunction Defendant claiming to be in possession on the date of suit itself Before commencement of trial, application filed for amendment of plaint to convert the suit into one for declaration and recovery of possession Pretrial amendment shall be liberally construed The propos...

13-Sep-2002 Quick Review

(2002) 3 MLJ 146 (Mad) K.P.Seethalakshmi versus Indian Bank, Esplanade Branch, Madras Civil Procedure Code (V of 1908), Secs.20 and 21 Plea of suing Suit filed by the Bank for recovery of money on foot of mortgage Suit originally filed before the Original Side of the High Court Papers were returned Directed to represent the matter before the Debts Recovery Tribunal Suit claim less than ten lakhs The suit was represente...

31-Jul-2002 Quick Review

(2002) 3 MLJ 144 (Mad) Karuneegar Sangam represented by its Secretary, Tiruvannamalai versus The Tahsildar, Tiruvannamalai and others Civil Procedure Code (V of 1908), Sec.10 Stay of suit Earlier suit pending in the High Court by 31-Jul-2002 way of second appeal Later suit filed Petition to stay the later suit Dismissed Order challenged in revision Sec.10 only require a substantial identity of the matter in issue in the two suits Quick Review The main test for applicability of Sec.10 is t...

(2002) 3 MLJ 135 (Mad) Murugesan and Company represented by its Partner Nagarathinam versus Vijayalakshmi and others (A) Civil Procedure Code (V of 1908), O.21, Rule 90(3) Setting aside sale in execution proceedings Valuable property sold in auction for a pittance Petition to set aside sale filed by defendant who remained ex parte Lower Court allowing application Whether proper No ireegularity has been committed by executing Court in reopening sale ...

29-Apr-2002 Quick Review

(2002) 3 MLJ 130 (Mad) MeiyammaialiasBaby Sevugan versus M.KarupananaliasKaruvayan and others Civil Procedure Code (V of 1908), O.47, Rule 1 Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Rules, Rule 4(i) Powers of the rent Court Rent Court to be governed by the Code of Civil Procedure as per rules Rent Court not refusing to hear review petition stating it has no power Whethether rent Court has power of review Rent Court ...

26-Jun-2002 Quick Review

(2002) 3 MLJ 128 (Mad) Mansur Ali and others versus Erumapatti Town Panchayat, represented by its Executive Officer, Namakkal District Civil Procedure Code (V of 1908), O.9, Rule 7 Setting aside ex parte order Judgment not 2-Jul-2002 pronounced Petition filed at this stage Allowed by lower Court Whether proper Petition can be filed only when suit is taken up for hearing Where suit is reserved for judgment and the hearing is Quick Review over petition to set aside ex parte order cannot be ...

(2002) 3 MLJ 125 (Mad) Kaliammal (deceased) and others versus S.Santha and others

Civil Procedure Code (V of 1908), Sec.64, O.21, Rule 57(2) Attachment Money decree Execution of Property attached Property closed due to stay by the appellate Court Sale of property attached before petition was closed Subsequent execution petition dismissed for default Third execution petition filed Whether sale is subject to the ...

5-Jul-2002 Quick Review

(2002) 3 MLJ 125 (SC) Narinder Singh and others versus Kishan Singh (dead) by L.Rs. and others Civil Procedure Code (V of 1908), Secs.47, 115 and 151 read with O.21, Rule 11 and O.34, Rule 8 Suit for redemption Preliminary decree passed Application filed for passing of final decree Delivery of possession ordered Part of the suit lands recovered in first execution Second execution application filed under O.21, Rule 11 for recovery...

8-Jul-2002 Quick Review

(2002) 3 MLJ 114 (SC) Ram Khilons and others versus Sardar and others (A) Civil Procedure Code (V of 1908), Sec.100 Suit for specific performance Concurrent finding in favour of the plaintiff Concurrent finding set aside by the High Court Appeal to the Supreme Court Introduction of two marginal witnesses, did not amount to a material alteration of the agreement of sale View of the High Court that interpre...

16-Jul-2002 Quick Review

(2002) 3 MLJ 98 (SC) Government of Orissa versus M/s.Ashok Transport Agency and others Civil Procedure Code (V of 1908), Sec.47, O.22, Rules, 3, 4, 7, 8 and 10 Suit for recovery of money filed in the year 1986 Written statement filed on 14.10.1987 On 30.8.1991, defendant Company taken over by the Government of Orissa, by an ordinance Ex parte decree passed on 12.11.1991, against the defendant Company alone Execution pe...

30-Apr-2002 Quick Review

(2002) 3 MLJ 83 (Mad) M/s.Micromeritics Engineers Private Limited, S.Sounder and others versus S.Munusamy (A) Companies Act (I of 1956), Sec.10-F Order of Company Law Board Appeal filed against Appellate Court is not entitled to reappraise the evidence let in before the Company Law Board. 21-May-2002 Quick Review

(2002) 3 MLJ 35 (SC) Sushil Kumar Sabharwal versus Gurpreet Singh and others Civil Procedure Code (V of 1908), O.9, Rules 6 and 13, O.5, Rules 16, 17 and 18 Ex parte decree against the tenant in a petition filed for recovery of arrears of rent and eviction from the premises Summons tendered by process server refused Trial Court took service by refusal and passed ex parte decree Service of summons whether proper ...

23-Apr-2002 Quick Review

(2002) 2 MLJ 833 (Mad) Velusamy versus Viswanathan (died) and others Civil Procedure Code (V of 1908), Sec.11 Suit for recovery of money against father Suit decreed ex parte Sons challenging the decree by way of claim petition Claim petition rejected No appeal preferred Subsequent suit filed by the sons challenging the Court auction sale Respect of the same property Trial Court held that the subsequ...

1-Jul-2002 Quick Review

(2002) 2 MLJ 830 (Mad) S.Ramasamy versus Velappa Gounder (deceased) and others (A) Indian Succession Act (XXXIX of 1925), Sec.283 Execution of Will Suit for partition Will questioned on the ground of unequal distribution Contention rejected This Court has to see whether the distribution is shocking and disturbing Inequality in the distribution of assets, by itself, cannot constitute a suspicious circumstance.

3-Jul-2002 Quick Review

(2002) 2 MLJ 823 (Mad) K.S.Geetha versus Stanleybuck and others Civil Procedure Code (V of 1908), O.7, Rule 11 Order rejecting the plaint Revision petition against that order whether maintainable Preliminary objection as to maintainability Upheld, revision dismissed.

12-Jul-2001 Quick Review

(2002) 2 MLJ 809 (Mad) C.G.Rajendran versus M.Senthilkumar Civil Procedure Code (V of 1908), O.7, Rule 11(d) Scope and applicability Petition for dismissal of a suit Plaintiff basing his claim on an unprobated Will Unprobated Will can be looked into for collateral purpose.

5-Jul-2002 Quick Review

(2002) 2 MLJ 756 (Mad) Padmini Ammal versus Indian Bank, Rampakkam Branch, represented by its Branch Manager, Villupuram and others Civil Procedure Code (V of 1908), Sec.148 Enlargement of time Application filed by the judgment28-Jun-2002 debtor for extension of time to deposit the decree amount Application dismissed Order challenged in revision If the parties realise their fault, the Court should adopt a liberal approach by imposing Quick Review costs Entire amount paid by the judgment-de...

(2002) 2 MLJ 753 (Mad) Sri Dhanalakshmi Chit Funds Private Limited, through its Managing Director, Lakshmana Pillai, S/o.Vallinayagam Pillai, Kovilpatti versus Muthuraj and another Civil Procedure Code (V of 1908), O.21, Rules 37 and 38 Application filed by the decree-holder for 28-Jun-2002 arrest of the judgment-debtor Application rejected on the ground that the judgment-debtor has no means to pay Order of dismissal challenged in revision The judgment-debtor had sold his only Quick Review property, after the decree against him Property sol...

(2002) 2 MLJ 747 (Mad) Basheer Unnissa Begum and another versus T.Sundaram (deceased) and others Civil Procedure Code (V of 1908), Sec.100 Suit for declaration Recovery of possession and permanent injunction Suit dismissed Judgment confirmed in appeal Second Appeal to the High Court Vital material evidence and documents discorded Finding rendered without adverting to crucial documents is a perverse one High Court empowered to i...

25-Jun-2002 Quick Review

(2002) 2 MLJ 743 (Mad) Jabamani versus K.Mani Chettiar (A) Civil Procedure Code (V of 1908), Sec.100 Suit for declaration of easementary right and mandatory injunction Right of passage claimed Claim rejected by both the lower Courts Second appeal to the High Court Both the Courts below have found that prescriptive easementary right has not be established Finding based on factual materials ...

12-Jun-2002 Quick Review

(2002) 2 MLJ 741 (Mad) Venu Reddiar versus Balasubramanian and another Civil Procedure Code (V of 1908), O.41, Rules 13 and 24 Appellate Court Power of remand Suit for permanent injunction Suit resisted on the ground that the extent is greater than it is mentioned in the plaint schedule Suit decreed by the trial Court Judgment of the trial Court challenged in appeal Defendant stating no objection to gran...

13-Jun-2002 Quick Review

(2002) 2 MLJ 734 (Mad) Marayammal versus R.Kamalathal and another Civil Procedure Code (V of 1908), O.18, Rule 17 Suit for partition and separate possession Trial completed Suit posted for arguments Applications filed for reopening the case, recalling the witness and production of additional documents Applications rejected by the trial court as belated and documents were subsequent to suit Order chall...

29-Apr-2002 Quick Review

(2002) 2 MLJ 719 (Mad) Sakthivel versus Kandasamy Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of Pleadings Suit for specific performance of agreement of sale Application filed for inclusion of alternative relief of refund of advance amount Application rejected Order challenged in revision Held, if the plaintiff is not entitled for specific performance, naturally the advanc...

2-Jul-2002 Quick Review

(2002) 2 MLJ 711 (Mad) Arumugam Pillai versus Pathirakali Ammal and another (A) Civil Procedure Code (V of 1908), O.18, Rule 3-A Order allowing the defendant to be examined

17-Jun-2002

after the examination of other witness, challenged in revision Defendant permitted to be examined as witness in the interests of justice Evidence of the defendant crucial in view of joint trial of two suits No prejudice caused to the other side ...

Quick Review

(2002) 2 MLJ 695 (Mad) Padmaraj versus Rajendran Civil Procedure Code (V of 1908), O.39, Rule 1 Passing of action Temporary injunction sought for Rival parties applying for registration on the same day No materials to show prior user Injunction petition dismissed Order of dismissal challenged in appeal Held, there is common field of activity and trade marks sought to be used are ide...

24-Jun-2002 Quick Review

(2002) 2 MLJ 678 (Mad) C.A.Khabeer versus Abdul Nubeen and others Civil Procedure Code (V of 1908), O.22, Rule 4 Abatement Meaning of Suit for partition During pendency of suit one defendant dies Legal representatives not brought on record within the prescribed time Applications filed for (a) condonation of delaly in seeking to set aside the abatement, (b) to set aside the abatement, and (c) to brin...

13-Jun-2002 Quick Review

(2002) 2 MLJ 675 (Mad) Balan and others versus Sri Abirameswaraswamy Temple, represented by Managing Trustee, Ramalinga Gounder and others Civil Procedure Code (V of 1908), Sec.9 Bar of suit Suit for declaration and recovery of possession 13-Jun-2002 Defendant resisting the suit on the basis of patta granted in settlement proceedings Suit decreed Judgement of the trial Court reversed in appeal Second appeal preferred There is overwhelming Quick Review evidence to establish the title of the plain...

(2002) 2 MLJ 659 (Mad) Ponnaiyan alias Ponnusami Gounder and others versus Karuppakkal alias Ponnayal and others Civil Procedure Code (V of 1908), Sec.100 Suit for declaration and permanent injunction Easementary right claimed over the suit cart track Concurrent findings by Courts below in favour of plaintiff Challenged in second appeal Findings of the Courts below not based on legal evidence and suffer from legal infirmity Case of the defendant m...

18-Jun-2002 Quick Review

(2002) 2 MLJ 657 (Mad) N.Mani versus M.Sakunthala Ammal Civil Procedure Code (V of 1908), Sec.10 Eviction proceedings initiated by the purchaser against the erstwhile owner Erstwhile owner filing a subsequent suit for setting aside the sale deed in favour of the purchaser Eviction proceedings sought to be stayed in view of the subsequent suit Application resisted on the ground that Sec.10 will h...

13-Jun-2002 Quick Review

(2002) 2 MLJ 656 (Mad) S.D.Dhandapani versus The Branch Manager, Indian Overseas Bank, Pudukkottai Civil Procedure Code (V of 1908), Sec.10 and O.4, Rule 1 Plaintiff filing suit for recovery of money, while a company petition filed by the defendant was pending in the High Court Defendant applying for stay of money suit under Sec.10 Held, stay cannot be granted as company petition cannot be termed to be a suit.

29-Apr-2002 Quick Review

(2002) 2 MLJ 614 (Mad) The Immaculate Heart of Mary Society, Mayiladuthurai, represented by its Secretary, Immaculate Heart of Marys Convent versus Krishnaveni and others (A) Civil Procedure Code (V of 1908), Sec.9 Tamil Nadu Buildings (Lease and Rent Control) Act 28-Mar-2002 (XVIII of 1960) Landlord filing civil suit to evict tenant Court holding that civil suit is not maintainable and directing landlord to approach the Rent Controller No appeal filed against the Quick Review decision Rent Controller and Appellate Authority under...

(2002) 2 MLJ 612 (Mad) State of Tamil Nadu, represented by its District Collector, Tirunelveli versus Mohamed Nagib and others Civil Procedure Code (V of 1908), O.4, Rule 17 Amendment of plaint Plaintiff filing suit to declare that plaintiffs compound wall is in plaintiffs land in T.S. No.230/1 and consequently restraining the

3-Apr-2002

defendant from demolishing the same Plaintiff seeking amendment of plaint in substituting T.S. No.234/1 for T.S. No.230/1 Held, amendment ...

Quick Review

(2002) 2 MLJ 591 (Mad) P.S.Pandian versus Annai Velanganni Films represented by its Partner, Mrs.Savithri Devaraj, Chennai and another (A) Civil Procedure Code (V of 1908), O.13, Rule 2 Suit for recovery of money Plaintiffs evidence 24-Apr-2002 closed Application filed for production of all accounts books in the custody of the defendant Application registered on the ground of laches Application dismissed Order challenged in revision Quick Review The phrase good cause depends upon the facts...

(2002) 2 MLJ 587 (Mad) Rajaram and another versus Murugesan alias Sokkan Civil Procedure Code (V of 1908), O.9, Rule 6(1)(a) Claim petition filed for injuries suffered in an accident Owner of the vehicle and Insurance Company made parties Owner of the vehicle not ex parte on 11.3.1992 Owner of the vehicle dies on 7.12.1992 Legal representatives not impleaded Award passed on 6.2.1994 making the owner of the v...

7-Jun-2002 Quick Review

(2002) 2 MLJ 578 (Mad) Thankayyan Nadar and others versus Retnaselvi and another Civil Procedure Code (V of 1908), O.21, Rule 29 Stay of execution proceedings Conditions for Suit for rredemption decreed Decree confirmed in appeal and second appeal Execution petition filed Execution proceedings sought to be stayed on the ground that the decree is fraudulent and collusive and hence challenged in a subsequent suit Ex...

14-Jun-2002 Quick Review

(2002) 2 MLJ 506 (Mad) A.V.Arockiam and another versus Arul Mary alias Latchumi Devi and others Divorce Act (IV of 1869 as amended by Act LI of 2001) Letters Patent (Madras), Clause 35 Civil Procedure Code (V of 1908), Sec.15 Petitions under Act Have to be filed before the District Courts concerned.

5-Apr-2002 Quick Review

(2002) 2 MLJ 482 (Mad) Sumanth Pathak versus TVS Suzuki Limited, Dharmapuri District, Tamil Nadu, represented by its President, C.P.Raman and another Civil Procedure Code (V of 1908), Sec.10 Stay of subsequent suits Petitioner filing suit at the 27-Mar-2002 place K Subsequent suit by respondent at the place H Subsequent suit filed for comprehensive reliefs including damages Entire cause of action arising at H whether necessary Only trial can be Quick Review stayed Suit can proceed upto trial stage ...

(2002) 2 MLJ 437 (Mad) Tamilnad Mercantile Bank Limited, Tuticorin represented by its Chairman, Thoothukudi and another versus Tamilnad Mercantile Bank Shareholders Welfare Association, through its Secretary, M.P.T. Muthuraj, Thoothukudi and others (A) Constitution of India (1950), Art.227 Civil Procedure Code (V of 1908), O. 2, Rule 2 Res 28-Mar-2002 judicata Plaintiff filing memo To dismiss suit as not pressed Suit dismissed Plaintiff not obtaining leave to institute fresh suit Subsequent suit On the same cause of action In barred Quick Review Interference under Art.227 warranted.

(2002) 2 MLJ 431 (Mad) Chennai Metropolitan Development Authority, represented by its Member Secretary, Gandhi Irwin Road, Chennai versus Abdur Rehman, Hotel Nest International, Chennai and another (A) Tamil Nadu Town and Country Planning Act (XXXI of 1972), Sec.101 Civil Procedure Code (V of 5-Apr-2002 1908), Sec.9 In all cases relating to development activity, as defined under Act, Civil Court will have no jurisdiction. Quick Review

(2002) 2 MLJ 427 (Mad) S.F.Abdul Jaleel versus V.M.Abdul Majid Rowther Trust and others Civil Procedure Code (V of 1908), O.21, Rules 11 to 14 and 17 Civil Rules of Practice, Rules 139 and 141 Petition for eviction ordered by Rent Controller A filing execution petition in his individual capacity Court allowing A to amend the cause title No notice, held was necessary to the other party.

15-Mar-2002 Quick Review

(2002) 2 MLJ 422 (Mad) The Commissioner, Office of the Regional Provident Fund, Chennai versus Ariyamala and another Employees Provident Funds and Miscellaneous Provisions Act (XIX of 1952), Sec.7-A(4) Civil Procedure Code (V of 1908), Sec.9 Suit for permanent injunction restraining the employer from stopping the family pension and recovering the pension amount Family pension stopped on the ground that the widow had re-married Held the factum of re-marri...

1-Apr-2002 Quick Review

(2002) 2 MLJ 392 (Mad) S.Abdul Muthalif versus N.S.Khader Oli Rowther (A) Civil Procedure Code (V of 1908), O.41, Rule 27 Reception of additional evidence in second appeal Suit for recovery of money on pronote Pronote containing signature in Tamil Defendant denying the signature and contending that he signs only in English Suit dismissed Judgment of the trial Court reversed in appeal Second appeal prefe...

1-Mar-2002 Quick Review

(2002) 2 MLJ 376 (Mad) Rajendran Gnanaolivu represented by Power Agent Veinu Gnanavolivu versus Sundar Gnanaolivu Civil Procedure Code (V of 1908), O.21, Rules 97 and 102 Obstructor Tenant inducted into possession after institution of suit but perior to decree Is an obstructor who can seek adjudication of his objections under O.21, Rule 97. [Para.17]

22-Mar-2002 Quick Review

(2002) 2 MLJ 370 (Mad) Sreedharan and others versus Union of India by Chief Secretary and Collector, Government of Union Territory, Pondicherry and others Civil Procedure Code (V of 1908), Secs.100, 152 and 153 Amendment of decree Plaintiffs filing 28-Mar-2002 memo after passing decree Praying for correction increasing the extent of property Proposed correction increasing the extent of property Non-speaking order of trial Court allwoing memo set Quick Review aside in appeal Whether plaintiff can claim a larger re...

(2002) 2 MLJ 342 (Mad) Sethukandiapan versus Jagadambal and others (A) Will Execution of Inequality in comparative value of bequest Inequality in value of the property is not a relevant factor in the absence of other suspicious circumstances. 18-Apr-2002 Quick Review

(2002) 2 MLJ 324 (Mad) T.Rajmohan versus C.Chockalingam Civil Procedure Code (V of 1908), O.33, Rule 5 Summary suit Unconditional leave to defend granted by trial Court Order challenged in revision Proviso discussed Order of the trial Court modified Defendant directed to deposit part amount.

5-Apr-2002 Quick Review

(2002) 2 MLJ 321 (Mad) Regional Manager, L.I.C. of India, Thanjavur versus John Bosco and others Civil Procedure Code (V of 1908), Sec.60(1) Property belonged to judgment-debtor Liable to attachment and sale in execution of decree Executing Court ordering attached of the policy amount payable to the Garnishee Revision against that order Exemption under proviso (kb) Intended to give security to the legal representatives Legislative ...

16-Apr-2002 Quick Review

(2002) 2 MLJ 312 (Mad) State Bank of Travancore, Udhagamandalam represented by its Manager versus A.R.Thirumurthy and others 3-Apr-2002 (A) Tamil Nadu Court-fees and Suits Valuation Act (XIV of 1955), Sec.16 Appeal is continuation of suit Court-fees paid on the plaint Shall be mutatis mutandisthe same in memorandum of appeal. Quick Review

(2002) 2 MLJ 310 (Mad) Soundaraessane alias Soundaressin alias Soundaraju, represented by his Power of Attorney, Toulukkanam Radjam versus Pouchapavady alias Pouchepagandy and others

Civil Procedure Code (V of 1908), O.8, Rule 9 Application for filing additional written statement Permission not granted order challenged in revision Discretion under O.8, Rule 9, Civil Procedure Code to be liberally exercised In the absence of any prejudice, to prevent multiplicity of litigation and to meets ends of justice Revision al...

15-Apr-2002 Quick Review

(2002) 2 MLJ 302 (Mad) Padmanabhan versus Chinnakannu and another Civil Procedure Code (V of 1908), Sec.115 Revision Findings of the High Court Circumstances are vitiated by perversity Interference by the High Court in revision revision is warranted. 18-Mar-2002 Quick Review

(2002) 2 MLJ 280 (Mad) The Manager, Personal Banking Division, State Bank of India, Madras Main Branch, Madras versus P.S.Maragatham Civil Procedure Code (V of 1908), O.9, Rule 9 Suit for recovery of money dismissed for default 12-Apr-2002 Application filed for restoration Allowed Ex parte decree passed No notice served before restoration of the suit Order of restoration is illegal and contrary to O.9, Rule 9(2), Civil Procedure Quick Review Code Question of passing ex parte decree doe...

(2002) 2 MLJ 239 (Mad) S.Sivapalani versus S.Muruvappan and another (A) Partnership Act (IX of 1932) Partnership firm One Partner is not entitled to restrain other partner from looking after the business Plaintiff seeking grant of temporary injunction against the other partner Burden is on him to show that a situation has arisen for interference by a Court.

20-Feb-2002 Quick Review

(2002) 2 MLJ 237 (Mad) Sivagami and others versus Narayanan Civil Procedure Code (V of 1908), O.6, Rule 17 Suit for declaration and other reliefs Case posted for arguments Application for amendment of plaint Original averments that document is a settlement deed and possession was handed over Document is a Will and possession was handed over Application allowed by trial Court Revision against t...

11-Apr-2002 Quick Review

(2002) 2 MLJ 234 (Mad) P.G.Sadasivam versus M/s.Andavar Electrical Distributions represented by its Partner, D.K. Chinnadurai Civil Procedure Code (V of 1908), O.27, Rule 5 Suit of recovery of money Application for leave t 11-Apr-2002 defend, rejected Revision against that order Though defence raised is not a good defence, leave granted to meet the ends of justice Revision allowed on condition. Quick Review

(2002) 2 MLJ 230 (Mad) Munusamy Kounder versus Balu (A) Evidence Act (I of 1872), Secs.3 and 5 Photocopy of sale agreement sought to be marked Objections as to marking Permission refused Revision against that order Photocopy of the sale agreement allowed to be marked No prejudice caused to be other side as objection regarding admissibility can be raised Advantages discussed Revision ...

9-Apr-2002 Quick Review

(2002) 2 MLJ 226 (Mad) K.Prabhakaran versus A.G.Krishnamoorthy Civil Procedure Code (V of 1908), O.8, Rule 6-A Suit for permanent injunction Defendant making counter claim to 1/4th share in the property Petition to file additional written statement Rejected Revision against that order Allowed Rule 6-A not restricted to money suits alone Object is to reduce pending of cases.

9-Apr-2002 Quick Review

(2002) 2 MLJ 205 (Mad) Rukmani versus Ranganayaki Civil Procedure Code (V of 1908), O.9, Rule 13 Limitation Act (XXXVI of 1963), Sec.5 Condonation of delay In seeking to set aside ex parte preliminary decree Delay of 1590 days Reason given for condoning delay is the only criterion Length of delay is not the criterion Delay condoned on payment of cost.

12-Apr-2002 Quick Review

(2002) 2 MLJ 198 (SC) Jai Singh versus Shakuntala (A) Civil Procedure Code (V of 1908), Sec.100 Second Appeal Granting of evidence not totally prohibited in the exercise of jurisdiction under Sec.100 But Section does not violate superior Courts by intervene and interfere in any and every matter It has to be exercised only in exceptional circumstances.

14-Mar-2002 Quick Review

(2002) 2 MLJ 195 (SC) Fritiz T.M.Clement and another versus Sudhakaran Nadar and another Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Original plaint cryptic and lacking in relevant particulars Basic terms of the agreement the foundation of claim not accurately stated Specific date of the agreement mentioned only the year being mentioned Application for amendment not changing the basis and character of t...

1-Mar-2002 Quick Review

(2002) 2 MLJ 189 (SC) Ajit Kumar Singh and others versus Chiranjibi Lal and others Civil Procedure Code (V of 1908), O.41, R.11(1) Second Appeal Advocate not present to prosecute the appeal Only course open to the High Court was to dismiss it It cannot consider the merits of the case to dismiss it.

20-Mar-2002 Quick Review

(2002) 2 MLJ 170 (SC) Vikas Aggarwal versus Anubha Civil Procedure Code (V of 1908), O.10 Courts power to seek clarification from any party about its pleadings Can be exercised at any earlier date than one fixed for framing of issues, to advance the interest of justice.

12-Apr-2002 Quick Review

(2002) 2 MLJ 167 (Mad) The Philipspuram Pastorate Church, C.S.I., representedd by Rev.V.Oliver and others versus Y.Davidson and others (A) Specific Relief Act (XLVII of 1963), Sec.34 Suit for declaration of the right to recover possession 3-Apr-2002 and for recovery of arrears of rent Suit dismissed Suit properties situate within the compound of the Church No documents produced by the defendants to show that the title vested in it Plaintiff Quick Review entitled to declaration of its right to r...

(2002) 2 MLJ 133 (Mad) Saraswathy, W/o.Pulavar R. Palanisamy and another versus Viswanathan, S/o Muthusamy, Kumbakonam, Tanjore District Civil Procedure Code (V of 1908), O.26, Rule 9 Suit for bare injunction Application for 13-Mar-2002 appointment of an Advocate Commissioner Application dismissed Revision against that order No prejudice would be caused by appointing an Advocate Commissioner The report of the Advocate Quick Review Commissioner would help the Court in resolving the dispute Revi...

(2002) 2 MLJ 127 (Mad) Mooka Gowder versus V.Hamsa Civil Procedure Code (V of 1908), Sec.151 Inherent powers Application under O.21, Rule 26 seeking restitution of possession pursuant to the High Court Order Application allowed Revision against that Order The security not furnished as required under clause 3 of Rule 26 of O.21 On facts that the application for resititution ought to have...

8-Mar-2002 Quick Review

(2002) 2 MLJ 113 (SC) Greater Cochin Development Authority versus Leelamma Valson and others Arbitration Act (X of 1940), Sec.17 Civil Procedure Code (V of 1908), Sec.11 Award granting interest only upto the date of decree Respondents filing application for review of the order Application dismissed saying that prayer for future interest or interest on the decree had been refused by the Court Issue of future interest decided once ...

6-Feb-2002 Quick Review

(2002) 2 MLJ 110 (Mad) Kannammal versus Balaraman and another Civil Procedure Code (V of 1908), O.41, Rule 23 Suit for declaration and injunction Decreed Appeal by defendant allowed Second appeal Alternative plea of one defendant considered by both

19-Feb-2002

the Courts Matter remitted to the trial Court to be tried afresh.

Quick Review

(2002) 2 MLJ 106 (SC) Chadrakant Tukaram Nikam and others versus Municipal Corporation of Ahmedabad and another Industrial Disputes Act (XIV of 1947), Secs.2(k) and 17 Civil Procedure Code (V of 1908), Sec.9 Workmen of Ahmedabad Municipality Corporation dismissed from service Challenging orders by filing a civil suit In such cases, the jurisdiction of the Civil Court must be held to have been impliedly barred Appropriate forum for resolution of suc...

6-Feb-2002 Quick Review

(2002) 2 MLJ 99 (SC) P.PurushottamReddy and another versus Pratap Steels Limited (A) Contract Act (IX of 1872), Sec.55 Sale of immovable property Time is not essence of contract in, unless parties intend to make time as essence of the contract. [Para. 9] 25-Jan-2002 Quick Review

(2002) 2 MLJ 85 (SC) Ram Nath SaoaliasRam Nath Sahu and others versus Gobardhan Sao and others Limitation Act (XXXVI of 1963), Sec.5 Civil Procedure Code (V of 1908), O.22, Rule 9 Expression sufficient cause should be construed liberally When no negligence or inaction or want of bona fide is impertable to a party Acceptance of explanation furnished should be the rule and refused the exception.

27-Feb-2002 Quick Review

(2002) 2 MLJ 83 (Mad) Cholan Roadways Corporation Limited, Kumbakonam, represented by its Managing Director at Kumbakonam and another versus P.N.Karuppaiyan Civil Procedure Code (V of 1908), Sec.9 Industrial Disputes Act Industrial Employment (Standing 6-Mar-2002 Orders) Act (XX of 1946), Sec.13-A Dispute arising under Civil Courts jurisdiction Whether barred Standing Orders of Cholan Roadways Corporation Has statutory force laying down rule Quick Review Alteration of date is birth of its employees Question o...

(2002) 2 MLJ 81 (Mad) Vadivel versus Natarajan and others Civil Procedure Code (V of 1908), O.6, Rule 17 Application for amendment of plaint Reliefs of recovery of possession and mandatory injunction to be included Application Dismissed Revision against that order The proposed amendment will not change the character of the suit Revision allowed. (2002) 2 MLJ 63 (SC) J.J.Lal (P) Limited and others versus Murali and another (A) Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec.10(2)(vii) Petition for eviction on ground of denial of title of landlord Landlord should allege and prove the denial of title and that such denial was not bona fide Then onus will shift to tenant to show that either there was no denial or that it was bona fide.

14-Mar-2002 Quick Review

8-Feb-2002 Quick Review

(2002) 2 MLJ 56 (Mad) M/s.Consolidated Agencies, a Partnership Firm represented by its Partner, A.L. Lakshmanan versus M/s.Gujarat Carbon and Industries Limited, Office Town, R.C. Dutt Road, Baroda and another Civil Procedure Code (V of 1908), Sec.20 Scope and applicability Territorial jurisdiction to file on 6-Mar-2002 suit Suit for recovery of money Suit based on an agreement entered into between the parties The agreement was forwarded to one V The plaintiff accepted the agreement at M Agreement Quick Review between the parties as to jurisdiction of Court in...

(2002) 2 MLJ 55 (SC) Gurdial Singh and others versus Raj Kumar Aneja and others (A) Evidence Act (I of 1872), Secs.91 and 92 Applicability Registered lease deed available between lessor and lessee Sub-tenants, are not debarred from taking plea that transaction was not what is apparently appears to be They are not parties to it Secs.91 and 92, held, are not attracted.

4-Feb-2002 Quick Review

(2002) 2 MLJ 46 (Mad)

Akshya Vidyalaya Charitable Trust, represented by its Managing Trustee, E.N.Palanisamy, Dindigul versus E.Kala Devi and others Civil Procedure Code (V of 1908), O.1, Rule 10 Impleading of parties Suit for declaration of 26-Feb-2002 possession and damages Death of plaintiffs First respondent claiming to be the Power Agent of original Plaintiff Respondents claiming under a Will 15.2.1995 executed by plaintiffs. Filing Quick Review application to implead them as plaintiffs 4 and 5 Will no...

(2002) 2 MLJ 11 (Mad) Manickam versus S.A.Ramaswamy Gounder (A) Civil Procedure Code (V of 1908), O. 1, Rule 9 Non-joinder of necessary parties Agreement of sale Suit for specific performance of an agreement of sale Second appeal pending on the date of the agreement Subsequently assignment of suit property Assignee made a party in the suit Earlier Suit disposed of Assignee gave up her rights...

6-Mar-2002 Quick Review

(2002) 1 MLJ 830 (Mad) Samikannu Naicker versus Sigamani (A) Negotiable Instruments Act (XXVI of 1881), Secs.20 and 118 Suit on a pronote Signature admitted Contention that the blank stamped paper was filed up Suit dismissed Appeal by the defendant allowed Second appeal to the High Court The holder of the incohate stamped instrument Whether entitled to fill up the blanks and to negotiate.

24-Feb-2002 Quick Review

(2002) 1 MLJ 823 (Mad) R.Anitha and others versus Ramakrishnan and others Civil Procedure Code (V of 1908), O.1, Rule 10(2) Scope Suit for partition Final decree proceedings Application by alienees purchasing a part of the property prior to filing of suit Application Rejected Revision against that order Order set aside Without the proposed parties the issues between the parties cannot be decided.

7-Mar-2002 Quick Review

(2002) 1 MLJ 815 (Mad) R.Mohanasundaram and another versus Sri Anjaneya Sri Ragavendra Temple represented by its Managing Trustee T.V.Ragothaman and others (A) Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Suit for permanent 4-Mar-2002 injunction and mandatory injunction Petition for admitting survey number and extent of the suit property sought to be changed Application allowed Revision against that order allowing the Quick Review amendment allowed Amendment would give rise to fresh or addit...

(2002) 1 MLJ 814 (Mad) S.Sathyamoorthy and another versus Poojari alias Kaveri and others Civil Procedure Code (V of 1908), O.1, Rule 10 Suit for declaration of possessory title and injunction Suit originally filed with a specific cause of action Petition to implead purchases prior to suit as parties in the suit Allowed Revision against the order Allowed If the proposed parties are impleaded a new cause of action and chang...

20-Feb-2002 Quick Review

(2002) 1 MLJ 811 (Mad) Vijayalakshmi versus R.Vaiyanaperumal and others Civil Procedure Code (V of 1908), O.7, Rule 11(A) Scope and applicability Suit for damages Plaint rejected on the ground that the suit is premature Revision against that order Plaint cannot be rejected if it described a reasonable cause of action.

11-Mar-2002 Quick Review

(2002) 1 MLJ 808 (Mad) Periyammal versus P.K.Kandasamy and others Civil Procedure Code (V of 1908), O. 6 Rule 17 Amendment of plaint Suit for permanent injunction Petition filed for amendment of plaint Prayer to include the reliefs of declaration also Amendment if allowed Would change the cause of action and the character of the suit Petition dismissed Revision by the plaintiff against order of di...

22-Feb-2002 Quick Review

(2002) 1 MLJ 771 (Mad) K.Manokaran versus A.U.Subannan Civil Procedure Code (V of 1908), O.21, Rule 40 Order of arrest and order of detention Distinction

4-Mar-2002

Order of detention to be made only after giving notice to both the parties.

Quick Review

(2002) 1 MLJ 758 (Mad) M.S.Karuppusami versus Saravana Devei alias Vasanthamani and others Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of pleading Under the guise of amendment A new cause or new case cannot be substituted. 4-Mar-2002 Quick Review

(2002) 1 MLJ 756 (Mad) M.S.Sakthivel and another versus R.Sekar Civil Procedure Code (V of 1908), O.38, Rule 5(1) Scope and applicability Court has to act with utmost circumspection and with maximum care and caution. 4-Mar-2002 Quick Review

(2002) 1 MLJ 740 (Mad) M/s.Swamy Service Station represented by its Partner Mr.S.P. Muthukumaraswamy, Chennai versus Bharat Petroleum Corporation Limited, represented by its Managing Director, Mumbai and another 26-Feb-2002 (A) Contract Act (IX of 1872), Sec.10 Stipulation as to unilateral right of termination Stipulation by itself is not sufficient to hold contract void. Quick Review

(2002) 1 MLJ 728 (Mad) V.R.Gopalakrishnan versus Andiammal and another Civil Procedure Code (V of 1908), O. 14, Rule 2, Sec.115 Tamil Nadu Court-fees and Suits Valuation Act (XIV of 1955), Secs.12(2) and 46 Preliminary issue Regarding Court-fee Suit to set aside sale Suit value on the basis of sale deed value Defendant alleging that the property value of sale Praying for deciding Court-fee as a prelimina...

25-Jan-2002 Quick Review

(2002) 1 MLJ 689 (Mad) Muthusamy versus Mani and others Civil Procedure Code (V of 1908), Sec.47 and O.21, Rule 95 Immovable property sold in Court auction Application for delivery of possession by the purchaser Period of limitation one year from the date when sale becomes absolute Limitation Act (36 of 1963), Art.134 Scope and applicability.

29-Jan-2002 Quick Review

(2002) 1 MLJ 684 (Mad) Hindustan Petroleum Corporation Limited representedd by its Senior Regional Manager-Retail, Coimbatore Retail Region, A.P. Arcade (Singapore Plaza), Coimbatore versus C.M.Hariraj and another 20-Jan-2002 (A) Constitution of India (1950), Art.227 Scope and applicability Powers of the Court to interfere. Quick Review

(2002) 1 MLJ 665 (Mad) Inder Chand D.Kacher, Chennai versus Puratchidasan, Chennai and another (A) Civil Procedure Code (V of 1908), Secs.51 and 94 and O. 40, Rule 1 Appointment of Receiver Powers of Court in Factors to be taken into consideration Mortgagees suit for recovery of debt or permission to sell the mortgaged property application for appointment of receiver Conduct of mortgagor is a factor to be considered.

31-Jan-2002 Quick Review

(2002) 1 MLJ 649 (Mad) Sambanda Mudaliar versus Vaidyanathan and others (A) Civil Procedure Code (V of 1908), Sec.11 Doctrine of res judicata Applicability to codefendants Conditions for Conflict of interest between the defendants concerned Decision on the conflict necessary to give relief to which plaintiff claims Question between the defendants must have been finally decided Co-defendants were necessa...

14-Feb-2002 Quick Review

(2002) 1 MLJ 643 (Mad)

Upasana Finance Limited represented by its Manager, Finance and Secretary, Mr.R.Krishnan, Chennai versus Trishna Engineering Works, Madras and others Civil Procedure Code (V of 1908), O.21, Rule 55 Third defendant filing application for raising the 31-Jan-2002 attachment Plaintiff discounting, bills for a total sum of Rs.20 lakhs Filing suit on 24.2.1999 for the amount with interest at 24% Defendants paying Rs.75,000 per month till date of filing of suit Quick Review Stopping payment since the filing of the su...

(2002) 1 MLJ 622 (Mad) Gnanarathina Bai and another versus Muthiah and another Civil Procedure Code (V of 1908), O. 21, Rules 91 and 92 and Sec.47 Auction purchaser may apply to Court to set aside the sale on the ground that judgment-debtor had no saleable interest in the property Defendants 1 and 2 attaching a non-existent property in the name of 3rd defendant and bringing it to sale Plaintiff fraudulently induced to b...

18-Dec-2001 Quick Review

(2002) 1 MLJ 557 (Mad) C.B.Liagat Ali and others versus Mohammed Nazir and others Civil Procedure Code (V of 1908), Sec.100 Second appeal interference with the decisions of the 1st appellate Court Mohameden gifting certain property stipulating that it should be enjoyed for life Question whether such condition was valid or not being a substantial question of law, High Court, held, can interfere in second appeal, if the Co...

14-Dec-2001 Quick Review

(2002) 1 MLJ 549 (Mad) Subramaniya Konar versus Palani Pillai and others (A) Civil Procedure Code (V of 1908), Sec.9 Plaintiffs document not showing S.No. of suit property Onus of proving prescription of title lies on plaintiff He cannot take advantage of any weakness or loopholes in the defendants case Defendants establishing title to suit property as the survey No.15/2 finds a place in his deed Plaintiffs...

14-Dec-2001 Quick Review

(2002) 1 MLJ 546 (Mad) A.Chetty versus A.Rangan Civil Procedure Code (V of 1908), O.21, Rule 37 Arrest and detention in execution procedure Procedure to be followed Decree-holder is at liberty to seek for any mode of relief to recover amounts due.

18-Dec-2001 Quick Review

(2002) 1 MLJ 529 (Mad) M.Rajagopal Mudaliar versus K.R.Venkataraman by power agent K.G.Ramanathan Civil Procedure Code (V of 1908), Sec.9 Suit for declaration of title to suit property Plea of adverse possession negatived Case of plaintiff resting only on sale deed Sale deed giving out measurement of land as 32 feet by 75 feet but giving boundaries which include a larger area Measurement in sale deed alone will be considered.

18-Dec-2001 Quick Review

(2002) 1 MLJ 515 (Mad) The Superintending Engineer, Periyar Electricity Distribution Circle, Erode and others versus Pavathal (deceased) and others (A) Civil Procedure Code (V of 1908), Sec.9 Jurisdiction of Civil Court Electricity Board 30-Nov-2001 authorities issuing notice to respondent to disconnect service connection for alleged theft of power Respondent not availing of alternative remedies provided under the terms and conditions of agreement, Quick Review but filing suit for injunction Suit, held, is not...

(2002) 1 MLJ 501 (Mad) Rt Rev Dr. V. Devasahayam, Bishop in Madras CSI. and another versus D.Sahayadoss and others (A) Civil Procedure Code (V of 1908), O.39, Rule 1 Scope and applicability Granting of temporary ex parte injunction Court must give reasons for the same. 8-Feb-2002 Quick Review

(2002) 1 MLJ 487 (Mad) R.Vetriselvan versus Tamil Nadu Merchantile Bank Limited and others (A) Civil Procedure Code (V of 1908), O.23, Rule 1 Withdrawal of suit or abandonment of a part of a claim The second suit must be on the same cause of action The subject-matter must also be the

6-Feb-2002

same Otherwise the second suit is not maintainable.

Quick Review

(2002) 1 MLJ 463 (Mad) C.Devaraj and another versus C.Radhakrishnan Civil Procedure Code (V of 1908), O.41, Rule 27 Additional evidence Suit for declaration of title and injunction Plaintiff proving his case by producing adangal extracts and chitta extracts and also the sale deeds executed in his favour Defendant seeking to file patta book standing in the name of plaintiffs father as additional, evidence ...

27-Nov-2001 Quick Review

(2002) 1 MLJ 457 (Mad) Tmt.Sundarambal and others versus The Commissioner, Corporation of Chennai and another Contract Act (IX of 1872), Sec.23 Civil Procedure Code (V of 1908), Sec.2(2)(3) and 0.23, Rule 3 Sanitary worker of the Chennai Municipal Corporation dying leaving behind petitioners as his heirs One T also claiming to be the wife of worker staking her claim Petitioners asked to produce succession certificate Petitioners filing suit aga...

13-Dec-2001 Quick Review

(2002) 1 MLJ 444 (Mad) National Insurance Company Limited, J.N.Street, Pondicherry versus Tmt.Rajakumari and another (A) Motor Vehicles Act (LIX of 1988), Sec.167 Motor accident Claim for compensation Computation of compensation Multiplier to be applied Age of the claimant and not that of the deceased is relevant for deciding the multiplier. [Para. 3]

10-Dec-2001 Quick Review

(2002) 1 MLJ 441 (Mad) R.Lingaraj versus Dr.Arumugha Pandian Civil Procedure Code (V of 1908), O.21, Rule 1 Mode of adjustment of money paid by judgmentdebtor Adjustment should be strictly according to directions in decree In its absence, adjustments are made first in payment of interest and costs and then only towards principal Parties may agree to adjustment in any other manner.

4-Dec-2001 Quick Review

(2002) 1 MLJ 430 (Mad) Shipping Corporation represented by its General Manager, Shipping House, Membai and another versus M/s.Machado Brothers represented by its Partner, Joe Machado 7-Dec-2001 Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Interim injunction Application for Tests to be applied in. Quick Review

(2002) 1 MLJ 419 (Mad) Saravanan Pillai versus A.S.Mariappan and others (A) Decree Compromise decree made in an earlier suit to which appellant was not party, held, is admissible in evidence. [Para. 21] 26-Nov-2001 Quick Review

(2002) 1 MLJ 396 (Mad) P.S.M.Ahamed Abdul Khader versus T.K.Mohammed Abubucker and others Letters Patent, Clause 12 Civil Procedure Code (V of 1908), Sec.100 Letters Patent Appeal Question of fact Whether can be put forth In a Letters Patent Appeal Court has power to review concurrent findings of fact Whole case is left open for reappreciation.

13-Nov-2001 Quick Review

(2002) 1 MLJ 386 (Mad) M.Jayavelu and another versus Ponnuswamy Mudaliar and others (A) Civil Procedure Code (V of 1908), O.6, Rule 4 Suit for declaration of title to the suit property and consequent permanent injunction Plaintiff not proving the same Claiming title by adverse possession Requisite pleading not taken and no proof adduced Contention, held, cannot be countenanced.

20-Nov-2001 Quick Review

(2002) 1 MLJ 382 (Mad)

T.K.Kamala and others versus A.R.Thulasi Rao (A) Hindu Law Joint family Presumption There can be a presumption that the family is joint There cannot be a presumption that the properties are joint. 1-Oct-2001 Quick Review

(2002) 1 MLJ 279 (Mad) Varadakkal versus The Regional Provident Fund Commissioner and another Employees Provident Funds Act (XIX of 1952) Civil Procedure Code (V of 1908), O.1, Rule 1 Nominee Deceased employee nominating concubine to receive terminal benefits, ignoring legally wedded wife, the plaintiff Regional Provident Fund Commissioner paying the amount to the nominee Such payment legal Plaintiff filing suit against Commissi...

20-Sep-2001 Quick Review

(2002) 1 MLJ 239 (Mad) Ram Narayan Bhattad versus Vimala Thevar and others Civil Procedure Code (V of 1908), Secs.38, 39, 41, O.21, Rules 6, 21, 22 and 37-C Civil Rules of Practice, Rule 136 Original Side Rules of the High Court, O.39, Rules 1, 6, 11 and 12 Decree-holder filing execution petition in High Court Decree was transmitted to the Sub Court Attachment order passed in respect of one property During pen...

23-Nov-2001 Quick Review

(2002) 1 MLJ 213 (Mad) V.R.Devaraj versus G.Narayanasamy and others Civil Procedure Code (V of 1908), O.13, Rule 3 Scope and applicability Marking of documents Procedure to be followed by the Court Unregistered varthamanam letter Objection to the marking of Trial Court not permitting to mark the document Dismissed the petition Revision against the order Allowed.

12-Oct-2001 Quick Review

(2002) 1 MLJ 193 (Mad) Tirunelveli Dakshina Mara Nadar Sangam College, T.Kalikulam Post, Tirunelveli District through its Correspondent, M.S.Arunachalam Nadar and another versus K.Gurusamy and Co., Firm, Virudhunagar, through one of its Partner, Neethi Mohan and another Civil Procedure Code (V of 1908), Sec.47 Nullity of decree Suit filed against proprietorship firm 1-Nov-2001 Decreed At execution stage third party filing petition Stating that firm is a partnership Filing document to prove same Partnership deed not produced Decree whether a nullity and not Quick Review executable.

(2002) 1 MLJ 189 (SC) Kedarnath versus Mohan Lal Kesanwari and others Provincial Small Causes Courts Act (IX of 1887), Sec.17, proviso Civil Procedure Code (V of 1908), O. 9, Rule 13 Setting aside ex parte decree before Court of Small Causes Whether deposit of decreed amount is necessary Whether Sec.17 of the Act is directory or mandatory Provision is mandatory There must be a deposit of the decreed amou...

10-Jan-2002 Quick Review

(2002) 1 MLJ 186 (Mad) K.Rama Naidu and others versus S.K.Parthasarathy Naidu and others Civil Procedure Code (V of 1908), O.47 Review of judgment in second appeal On the ground of limitation of suit and moulding of relief Scope of review Where substantial justice and technical consideration is pitted against each other Substantial justice to be preferred On merits, held, no scope for interference Petition dismissed with ...

27-Sep-2001 Quick Review

(2002) 1 MLJ 166 (SC) Neelakantan and others versus Mallika Begum (A) Civil Procedure Code (V of 1908), Secs.100 and 115 High Court will not, normally, reverse findings of facts recorded by the Courts below Finding recorded without any legal evidence on record or on misreading of evidence or suffering from any legal infirmity or which is perverse can however be set aside.

29-Jan-2002 Quick Review

(2002) 1 MLJ 145 (SC) Prem Bakshi and others versus Dharam Dev and others

Civil Procedure Code (V of 1908), O. 6, Rule 17, Sec.115 Amendment of pleadings to bring subsequent events to light order of trial Court allowing amendment set aside in revision Whether High Court right in revising order of trial Court Where neither of the two conditions specified in Clauses (a) and (b) to Sec.115, proviso are satisfied, th...

9-Jan-2002 Quick Review

(2002) 1 MLJ 134 (SC) Veerayee Ammal versus Seeni Ammal Civil Procedure Code (V of 1908), Sec.100 Substantial question of law Specific Relief Act (XLVII of 1963), Sec.9 Contract for purchase of immovable property trial Court and first appellate Court holding that plaintiff was ready and willing to perform her part of the contract High Court framing question of law whether in the circumstances ...

19-Oct-2001 Quick Review

(2002) 1 MLJ 130 (Mad) Rasu versus Pandidurai Civil Procedure Code (V of 1908), O.8, Rule 8(c)(2) Marking of documents Unregistered sale deed Whether could be marked for collateral purposes Application seeking permission to mark the document Dismissed Revision against that order also dismissed.

2-Nov-2001 Quick Review

(2002) 1 MLJ 109 (SC) Central Bank of India versus Ravindra and others (A) Civil Procedure Code (V of 1908, Sec.34 after amendment by Act LXVI of 1956) Capitalisation of interest debited on periodical rests It contests interest into principal sum -penal interest cannot be permitted to be capitalised.

18-Oct-2001 Quick Review

(2002) 1 MLJ 90 (Mad) S.G.Kannappan versus S.Murugesan and another Civil Procedure Code (V of 1908) O.1, R.10 (2) Necessary or proper party Suit for specific performance of agreement to sell immovable property During pendency of suit third party purchasing the property in dispute Purchases, held, is not a necessary or proper party to the suit.

17-Oct-2001 Quick Review

(2002) 1 MLJ 89 (SC) Madanlal versus Shyamlal Civil Procedure Code (V of 1908), Sec.115 and O.13, Rule 2 Appellant seeking for produce some documents after respondent closed his case Trial Court rejecting the prayer on ground that appellant did not show good cause Power under O.13, Rule 2 could be exercised literally However, High Court could not interfere with order on trial Court can...

9-Nov-2001 Quick Review

(2002) 1 MLJ 54 (Mad) T.Muniappa and another versus Perumiah and others Civil Procedure Code (V of 1908), O.41, Rule 31 Scope Provision is mandatory A judgment not complying with the provisions is not a judgment in law Appellate Court clearly setting out the case of the plaintiff, pleas in defence, the findings of the trial Court on the issues, statement of points for determination and decisions thereon with re...

3-Oct-2001 Quick Review

(2002) 1 MLJ 43 (Mad) Nambi Iyyengar and another versus The District Collector, Tirunelveli and others (A) Civil Procedure Code (V of 1908), O.41, Rule 31 Scope and applicability First Appellate Court Duty bound to apply its mind independently afresh First Appellate Court has merely reproducing the findings of the trial Court Made a Mechanical affirmation without exercising due care to follow the principles laid down in O.41, Rule 31, C.P....

12-Nov-2001 Quick Review

(2002) 1 MLJ 31 (SC) M.S.V.Raja and another versus Seeni Thevar and others (A) Civil Procedure Code (V of 1908), Sec.100 Second appeal Interference with concurrent findings of fact Courts below erring in recording a finding with no evidence Fact that the Courts recorded a finding without any evidence itself considered as a substantial question of law other question of law also considered though the substantial que...

14-Aug-2001 Quick Review

(2002) 1 MLJ 12 (SC)

Shri Hafazar Hussain S/o.Mubarak Hussain versus Abdul Majeed, S/o. Sri Vali Mohd. alias Sheikh Bellan and others Civil Procedure Code (V of 1908), Sec.100 Second Appeal Interference by High Court in 8-Aug-2001 Judgments of the trial court and the first appellate court, not in the nature of a concurrent one High Court, indicating and highlighting serious infirmities and illegalities committed by both the Courts Quick Review Findings shown to be vitiated due to perversity of...

(2002) 1 MLJ 9 (SC) N.R.Narayan Swamy versus B.Francis Jagan (A) Karnataka Rent Control Act (1961), Sec.45 Petition for eviction on ground of bona fide requirement of landlord or non-payment of rent Withdrawn Sound petition is not barred. (Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec.19)

31-Jul-2001 Quick Review

(2002) 1 MLJ 1 (SC) V.Pechimuthu versus Gowrammal (A) Specific Relief Act (XLVII of 1963) Agreement of sale with buy back provision and an agreement for sale and purchase simpliciter Destination between Every agreement of sale by which original owner agrees to buy back the property is not a privilege or concession granted to the owner It is one sided or unilateral An agreement for sale ...

1-Aug-2001 Quick Review

(2001) 3 MLJ 811 (Mad) Subbiah versus Esther Ponnammal Civil Procedure Code (V of 1908), Sec.100 Power of the High Court to interfere into the finding of fact Lower Court thoroughly failed to consider the material evidence Omission to consider material evidence A valid ground for interfere by the High Court Second appeal allowed.

30-Oct-2001 Quick Review

(2001) 3 MLJ 808 (Mad) Arthanari and another versus S.Seshagiri Rao and others Civil Procedure Code (V of 1908), Secs.148 and 151 Extension of time for payment of cost Petition dismissed by trial Court on the ground that wrong provision of law was given Whether petitioner entitled to extension of time Failure to quote correct provisions of law is not irreparable or unpardonable Petition should be allowed in the inte...

21-Sep-2001 Quick Review

(2001) 3 MLJ 766 (Mad) N.Kasinathan versus M.Ganesan Civil Procedure Code (V of 1908), O.41, Rule 21 Petition to set aside ex parte order Petition dismissed on the ground that petitioner had refused summons Petitioner was not available at residence and there was no refusal Petitioner not examining any witness Dismissal of Petition whether proper When the appeal is decided ex parte and not...

12-Sep-2001 Quick Review

(2001) 3 MLJ 749 (Mad) S.Muthuvelu and another versus Kuttasavu Sethurayar and others Civil Procedure Code (V of 1908), O.26 Commissioner appointment of At the second appellate stage Commissioner appointed by trial Court submitting a report First Appellate Court appointing another Commissioner Dispute between parties not resolved in spite of two Commissioners filing reports Whether Commissioner can be appointed at seco...

27-Sep-2001 Quick Review

(2001) 3 MLJ 681 (Mad) R.C.Sundaravalli versus T.D.Shakila Tamil Nadu Court Fees and Suits Valuation Act (XIV of 1955) Civil Procedure Code (V of 1908), O.14, Rule 2 Sec.12(2) Objection regarding improper valuation of suit Should be raised before the first hearing of the suit Expression first hearing of the suit meaning of Evidence commercial in the suit Defendants application to be the is...

21-Aug-2001 Quick Review

(2001) 3 MLJ 644 (Mad) M/s.Pondy Chem Private Ltd. represented by its General Manager and another versus M/s.Gas Authority of India Ltd., represented by its General Manager, New Delhi and another (A) Arbitration and Conciliation Act (XXVI of 1996), Sec.2(e) Civil Procedure Code (V of 1908), 9-Oct-2001 Sec.20 Scope and applicability.

Quick Review

(2001) 3 MLJ 615 (Mad) L.S.Sadagopan (Died) and another versus K.S.Sabarinathan (A) Evidence Act (I of 1872), Secs.62, 63 and 65 Applicability Photostat copy of the original document Admissibility Primary evidence What is Secondary evidence When admissible. 20-Sep-2001 Quick Review

(2001) 3 MLJ 579 (Mad) Oyya Thevar versus Munia Thevar and others Civil Procedure Code (V of 1908), O.3, Rules 1 and 2 O.26 Appearance by a power agent Application filed by third party holding power of attorney granted by a defendant To permit him to act on behalf of the defendant Application opposed by plaintiff Plaintiff contended that power of attorney is forged Plaintiff filing application for app...

8-Aug-2001 Quick Review

(2001) 3 MLJ 543 (Mad) Ramiah Nadar versus Esaki Ammal and another Civil Procedure Code (V of 1908), O.6, Rule 17, O.23, Rule 1, withdrawal of suit Trial of the suit commenced Witnesses examined Proceedings nearing completion Petition to amend the plaint filed Dismissed Plaintiff filing another petition to withdraw suit with liberty to file fresh suit Dismissed by the trial Court Since the petition...

14-Aug-2001 Quick Review

(2001) 3 MLJ 540 (Mad) N.Prabhakaran versus Manager, Citibank N.A., Chennai Civil Procedure Code (V of 1908), O.37, Rule 2 Scope Petition for grant of leave to defend Petitioner, held, need not prove his case Court need not vest the veracity of the defence set up by the petitioner If triable issues are raised and when defence is not sham or illusory, petitioner is entitled to be given leave Such leave should be...

14-Aug-2001 Quick Review

(2001) 3 MLJ 512 (Mad) M/s.Nalli Textiles by Proprietor N.C.Ramasamy Chettiar, Madras versus Minor Krishnan, by next friend V.Sekar, Salem Town and another 8-Jun-2001 (A) Insolvency Suit against insolvent in respect of a claim against him or his property Leave of Insolvency Court is a condition precedent for. [Para. 9] Quick Review

(2001) 3 MLJ 508 (Mad) Kannaiyan and others versus Periamalai Civil Procedure Code (V of 1908), Sec.11 Res judicata Suit for partition and separate possession Preliminary decree passed ex parte Appellants filing application to set aside ex parte decree as application for condonation of delay contending that there was a panchayat and as respondent agreed to withdraw the suit, they were under impress...

31-Aug-2001 Quick Review

(2001) 3 MLJ 500 (Mad) Kandasamy and others versus Krishnamandiram Trust, Karurby its Trustees T.N.Rajagopal Naidu and others (A) Civil Procedure Code (V Of 1908), O.9, Rule 13 Limitation Act (XXXVI of 1963), Sec.5 Ex Parte 17-Aug-2001 decree passed on 1.9.1994 Petitioner knowing about it in 1994 Filing Petition to set aside the decree in 1997 Petition dismissed Order upheld. Quick Review

(2001) 3 MLJ 496 (Mad) K.M.Manoharan (deceased) and others versus Kandasamy and others (A) Motor Vehicles Act (LIX of 1988) Secs.2 (28), (44) and 166 Claim for compensation in motor accident Vehicle involved being a trailer propelled by a tractor Accident caused by negligence of driver of tractor Owner of the tractor as well as owner of trailer held, were liable to pay the compensation.

3-Aug-2001 Quick Review

(2001) 3 MLJ 482 (Mad) A.Palani and another versus Jayaram Konar and others

Civil Procedure Code (V of 1908), O.6, Rule 17 and O.8, Rule 7 Suit for declaration of title and for formed in Petition and the plant for recovery of persons Petition for amendment dismissed Revision against that order Confirmed by High Court Petition filed belatedly after cross examination of the plaintiff Direction given to the plai...

14-Aug-2001 Quick Review

(2001) 3 MLJ 433 (Mad) Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal, Medical, Educational and Charitable Trust, Salem, represented by its Chairman versus State of Tamil Nadu and another (A) Constitution of India (1950), Arts.30(1) and 226 Linguistic minority/College permitted to 31-Jul-2001 function as a minority institution for some time Government reviewing its decision Revoking permission Held in minority status cannot be conferred for a temporary period to be renewed Quick Review periodically especially when there is no suppression of facts or...

(2001) 3 MLJ 403 (Mad) A.Manivannan and others versus Sivaraj and others Civil Procedure Code (V of 1908), O.14, Rule 2 Preliminary issue Regarding valuation of suit Whether prayer for such a relief is maintainable Preliminary issues can be dealt with only if it pertains to issues of law Valuation is not an issue of law Preliminary issues cannot be framed.

29-Aug-2001 Quick Review

(2001) 3 MLJ 336 (Mad) S.Lalitha Sundari and another versus Thiru R.Kethar Nathan and others Civil Procedure Code (V of 1908), Sec.115 Constitution of India (1950), Art.14 Gender equality Application invited for the administration of college Notice to parties stating that applications are invited from female descendants of females Persons appointed on ground getting are better qualified Revision by female descendants challengin...

31-Jul-2001 Quick Review

(2001) 3 MLJ 326 (Mad) R.Kuppammal and others versus T.R.Nataraja Achari Civil Procedure Code (V of 1908), Sec.47 Scope and applicability Questions to be dealt with must relate to execution, discharge and satisfaction Question must arise between the same parties. 23-Feb-2001 Quick Review

(2001) 3 MLJ 320 (Mad) United Commercial Bank by its Manager, Trichy versus P.Chandrasekaran and another Civil Procedure Code (V of 1908), Sec.34 Powers of the Court to award further interest Court has discretion to a ward rate of interest Discretion not to be used in a fanciful or whimsical manner Award of 12.5% interest from the date of suit till realisation Not excessive.

6-Jul-2001 Quick Review

(2001) 3 MLJ 309 (Mad) B.Parvathy versus Ramakrishna Mission represented by duly authorised Power Agent Swami Amirthananatha and others (A) Civil Procedure Code (V of 1908), O.41, Rule 33 Judgment of first appellate Court Where there 24-Jul-2001 is a reversal of findings, proper reasons have to be stated Appellate Court not having dealt with the correctness of the judgment of the trial Court, case remanded for fresh disposal. Quick Review

(2001) 3 MLJ 295 (Mad) V.V.Textiles, represented by its Proprietor, S.Baskaran versus M/s.Mahavir Fabrics represented by its Partner, Suryakantha Partnership Act (IX of 1932), Sec.69(2) Civil Procedure Code (V of 1908), O.8, Rule 2 Non17-Aug-2001 registration of firm No pleas in written statement regarding non-registration of plaintiff firm Courts cannot dismiss a suit suo motu on the ground of non-registration Defendant must lay the Quick Review necessary foundation in his written statement Where the d...

(2001) 3 MLJ 291 (Mad) Harikrishnan versus James Trinite and others Civil Procedure Code (V of 1908), Sec.9 Registration of Births and Deaths Act (1969), Secs.13(3) and 28(1) Suit for cancellation of birth certificate dated 5.12.1998 registering the birth of the appellant in Vllianur Commune Order of Magistrate directing registration of birth binds only the registrar and not others Suit is not maintainable ...

12-Jun-2001 Quick Review

(2001) 3 MLJ 287 (Mad) The Commissioner, H.R. & C.E. Administration Department, Nungambakkam, Madras versus V.Perumal Mudaliar and others (A) Civil Procedure Code (V of 1908), Sec.11 Principles of res judicata Scope and applicability 2-Aug-2001 Earlier suit for a declaration that the suit temples were private temple Claim in the subsequent suit that the temples were denominational Ocean of difference between the two Principles of res Quick Review judicata not applicable.

(2001) 3 MLJ 275 (Mad) Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002 represented by its Chairman and another versus The Tamil Nadu Alloy Foundry Co. Limited, Hosur and others Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of pleadings Suit for damages 10-Jul-2001 claiming Rs.10 lakhs Subsequent petition to amend the plaint filed beyond the period of limitation to substitute 1295.81 lakhs Held, petition cannot be allowed. Quick Review

(2001) 3 MLJ 265 (Mad) K.Chithra and others versus K.Muthuperumal and others Civil Procedure Code (V of 1908), O.1, Rule 10(2) Impleading as a party Person having some case to offer having nexus to the suit claim or suit property to be impleaded. 15-Jun-2001 Quick Review

(2001) 3 MLJ 247 (Mad) Jainalabudeen versus Kathija Ammal and others Civil Procedure Code (V of 1908), Sec.96 Appeal Trial Court giving a finding as to quantum of maintenance after considering the totality of the circumstances No interference can be made in appeal. [Para. 17]

7-Jun-2001 Quick Review

(2001) 3 MLJ 235 (Mad) D.S.Mariappan and another versus N.Manoharan and another (A) Tamil Nadu Survey and Boundaries Act (VIII of 1923), Secs.13 and 14 Civil Procedure Code (V of 1908), O. 14, Rule 2 Preliminary issue Lower Court giving a finding that determination of a preliminary issue is a mixed question of fact and law Trial Court having strived at conclusion based on materials no interference warranted Dismissal...

23-Mar-2001 Quick Review

(2001) 3 MLJ 227 (Mad) VE.Vairavan Chettiar versus AR.Ramasamy Chettiar Civil Procedure Code (V of 1908), O.26 Advocate Commissioner Petitioner denied an opportunity to examine witness in the presence of Commissioner Petitioner praying for the appointment of a second Commissioner Lower Court dismissing petition Appointment of a second Commisioner cannot be ordered since no proper reason have been alleged Pe...

19-Jun-2001 Quick Review

(2001) 3 MLJ 155 (Mad) Radhakrishnan versus Vinayaka Chits represented by its Foreman Ayyadurai and others Civil Procedure Code (V of 1908), Sec.51, O.21, Rules 64, 66 and 90 Segttlement of sale proclamation Properties brought to sale Not attached prior to sale It is a mere irregularity Sale not vitiated Cannot be set aside.

24-Apr-2001 Quick Review

(2001) 3 MLJ 150 (SC) N.Kamalam (Dead) and another versus Ayyasamy and another (A) Testamentary jurisdiction Exercise of by Civil Court Basic features of Expressions onus probandi and animo a Hestandi Meaning and implication of. 3-Aug-2001 Quick Review

(2001) 3 MLJ 137 (Mad) Duraiswamy Mudali versus K.Jayarama Mudali and others Civil Procedure Code (V of 1908), O.23, Rule 3 Counsel representing that there was a compromise Appellate Court remanding matter to lower Court to examine whether there was a compromise and

12-Apr-2001

to decide other issues Held, remand cannot be made on an oral representation Appellate Court can conduct an enquiry to ascertain whether there was a com...

Quick Review

(2001) 3 MLJ 120 (Mad) K.K.Varma versus Srichand Bajaj Civil Procedure Code (V of 1908), O.23, Rule 1 Compromise Defendant depositing entire suit claim as security in petition for attachment Suit withdrawn as compromised based on an oral representation on plaintiffs side Plaintiff permitted to appropriate suit claim already deposited Defendant filing suit for return of amounts appropriated ...

12-Apr-2001 Quick Review

(2001) 3 MLJ 99 (SC) M/s.International Woollen Mills versus M/s.Standard Wool (U.K.) Ltd. (A) Civil Procedure Code (V of 1908), Sec.11, Explanation IV Constructive res judicata Interlocutory application to dismiss execution petition based on foreign decree since it was filed without following procedures Respondent filing counter Petition to entertain application after considering averments in counter Filing another I.A. for id...

25-Apr-2001 Quick Review

(2001) 3 MLJ 98 (Mad) MCC Finance Limited, having its registered office, Chennai versus Reserve Bank of India, a body incorporated under Reserve Bank of India Act, 1934 through Shri B.K.Bhoi, General Manager, Department of Non-Banking Supervision, Chennai and others (A) Companies Act (I of 1956), Sec.450(2) Provisional liquidator Appointment of Company put 6-Jul-2001 on notice before such appointment Provisional liquidator appointed after hearing both sides There is no breach of natural justice. Quick Review

(2001) 3 MLJ 90 (SC) V.K.Palniappa Chettiar (dead) by L.Rs. versus Ramasami Gounder and others Civil Procedure Code (V of 1908), O.21, Rules 89, 90 and 92, O.34, Rule 5 Deposit of money due on a mortgage Mortgaged property sold and sale confirmed Appeal against sale by judgment-debtor Pending appeal, application filed by judgment-debtor to deposit money due Appeal dismissed by first appellate Court Judgment-debtors prayer to dep...

17-Apr-2001 Quick Review

(2001) 3 MLJ 63 (SC) Union Bank of India versus Khader International Construction and others Civil Procedure Code (V of 1908), O.33, Rule 1 Suits by indigent person Person as defined under order includes natural persons and also judicial persons Limited company or idol can sue as an indigent person.

8-May-2001 Quick Review

(2001) 3 MLJ 60 (SC) Hamida and others versus Md.Kahlil Civil Procedure Code (V of 1908), Sec.100 Second appeal Substantial question of law High Court reappreciating evidence Reversing findings of Court below in the absence of perversity of findings of Court below Judgment of High Court reversed and that of first appellate Court restored with costs.

8-May-2001 Quick Review

(2001) 3 MLJ 52 (Mad) Pushpa Bai versus Dr.Williams and others (A) Contract Act (IX of 1872), Sec.10 Agreement to sell immovable property Document inchoate one of the parties not signing it - Consensus ad idem of that party being not present, agreement is not enforceable.

29-Mar-2001 Quick Review

(2001) 3 MLJ 39 (Mad) The Victoria Edward Hall, represented by its Secretary, Dr.I.Ismail, Madurai versus M.Samraj and others (A) Civil Procedure Code (V of 1908), O. 1, Rule 8 Suit for declaration that voters list of 2000-2001 30-Apr-2001 of the defendant society is incorrect and invalid as it contained a number of members whose membership is disputed Persons whose membership is disputed must be present before Court Quick Review Court has to follow the procedure prescribed in O.1, Rule 8 i...

(2001) 3 MLJ 33 (SC) Jayalakshmi Coelho versus Oswald Joseph Coelho Civil Procedure Code (V of 1908), Sec.152 Rectification Power of Court must be legally satisfied and arrive at a valid finding that the order or decree contains or omits something which was intended to be otherwise Court cannot reconsider merits of the matter Court cannot rectify, mistakes.

28-Feb-2001 Quick Review

(2001) 3 MLJ 15 (Mad) Balu alias Balakrishnan versus Minor B.Sasikumar and others (A) Civil Procedure Code (V of 1908), Sec.96 Appeal Aggrieved person Substantial portion of the decree of the trial Court and issues against the first defendant Decree holding that alienations made and encumbrances created by him were invalid Other defendants not filing appeal First defendant, held, is an aggrieved person and as such, h...

23-Mar-2001 Quick Review

(2001) 3 MLJ 8 (Mad) PalanisamialiasPalaniappan versus P.K.Damodaran (died) and others Civil Procedure Code (V of 1908), O.9, Rule 13 Limitation Act (XXXVI of 1963), Secs.5 and 17 Contract Act (IX of 1872), Sec.17 - Ex parte decree passed Court notice in E.P.No.14 of 1976 served on petitioner on 9.1.1976 Petition to set aside decree filed in March, 1991 Date of knowledge relevant for deciding starting point for limitation ...

2-Apr-2001 Quick Review

(2001) 2 MLJ 817 (Mad) C.A.Khabeer versus Abdul Mubeen and others Civil Procedure Code (V of 1908), O.14, Rule 2 Scope Suit for partition Issues relating to res judicata and limitation not purely a question of law Court rendering finding on all issues without recording evidence Held, Court exceeded its jurisdiction Case remanded for proper disposal according to law.

23-Apr-2001 Quick Review

(2001) 2 MLJ 802 (Mad) Kathavelu versus Murugesan Civil Procedure Code (V of 1908), O.9, Rule 13 Scope and applicability Petition to set aside the ex parte decree When may be allowed. 27-Apr-2001 Quick Review

(2001) 2 MLJ 779 (Mad) S.K.Parthasarathy Naidu and another versus K.Rama Naidu and others (A) Partnership Act (IX of 1932), Sec.4 Partnership Existence of partnership Tests to determine Held on facts there was no partnership. 23-Apr-2001 Quick Review

(2001) 2 MLJ 769 (Mad) Selvaraj and others versus Chennasamy Gounder Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of pleadings can be made even belatedly In the absence of injustice to the other party to avoid multiplicity of proceedings revision challenging order allowing amendment dismissed.

4-Apr-2001 Quick Review

(2001) 2 MLJ 765 (Mad) C.Venkatesan versus Munusami Gounder and another (A) Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for injunction restraining defendant from using water from common well to lands not served by the ayacut Well, under common enjoyment, held, cannot be subjected to lands which are not the subject matter of irrigation earlier. Showing Cases having Act Name : civil procedure code . Showing (916 - 930 out of 3142 )

22-Mar-2001 Quick Review

(2001) 2 MLJ 712 (Mad) L.M.S.Gani Mohamed & Company, by its Managing Partner, G.M.Sheik Abdul Khader versus Singapore Airlines Ltd. and another Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Application filed belatedly 30-Apr-2001

with oblique motive of introducing a new case Amendment cannot be allowed.

Quick Review

(2001) 2 MLJ 682 (Mad) Devaki alias Devi and others versus S.Vani Civil Procedure Code (V of 1908), O.9, Rule 13 and O.43, Rule 1(d) Setting aside ex parte decree Conditional order Remedy against such order Only an appeal lies against such orders Revision is not maintainable Cases where a revision can be converted into an appeal Revision filed after time limit for appeal has expired Delay in filin...

10-Apr-2001 Quick Review

(2001) 2 MLJ 672 (Mad) H.G.Omar Sait and others versus O.Aslam Sait and others Civil Procedure Code (V of 1908), O.40, Rule 1 Receiver Appointment In a suit between partners for dissolution of firm and accounts Interlocutory application to appoint receiver to manage business of firm Parties contending that their business was dissent from partnership business Trial Court expressing an opinion in interlocutory proce...

14-Mar-2001 Quick Review

(2001) 2 MLJ 504 (Mad) Narayanaswamy Reddiar versus K.Venkatakrishnan (died) and others Limitation Act (XXXVI of 1963), Sec.14 Civil Procedure Code (V of 1908), O.7, Rule 6 Pursuit of proceeding bona fide in Court having no jurisdiction Necessary pleading in plaint regarding pursuit of remedies in such Court Suit filed in Court having no jurisdiction Decreed Appeal allowed on the ground that trial Court had no jurisdiction...

25-Jan-2001 Quick Review

(2001) 2 MLJ 481 (Mad) Laljivora versus Srividya (A) Tamil Nadu Court-fees and Suits Valuation Act (XIV of 1955), Sec.12(2) Suit for declaration filed in 1996 Written statement filed Issues framed in 1997 Written statement filed Issues framed in 1997 Additional written statement filed in 1998 Suit posted for hearing in 1999 Plaintiff was examined Defendant filing an application ...

23-Apr-2001 Quick Review

(2001) 2 MLJ 478 (Mad) Saroja Ammal and others versus Krishnaswami Naicker and others Civil Procedure Code (V of 1908) Sec.151 Petition to re-open case and recall witness Filed one day prior to delivery of judgment Lower Court not considering merits of petition Not providing due opportunity to party Proceeding to pass judgment Petition returned to appellant after judgment was pronounced Lower Court ought to have exerci...

16-Apr-2001 Quick Review

(2001) 2 MLJ 409 (Mad) Prabhu Cabs by its Proprietor, B.Selvaraj represented by his power agent B.Prabhakaran, S/o.Balakrishnan versus Padavettaman Transport represented by its Proprietrix S.Logambal, W/o.J.Saravanan and others Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Telephone Department calling for tenders for 2-Apr-2001 hiring vans and cars for Chennai telephones Petitioners tender not accepted and tenders of two other operators accepted Petitioner filing suit for permanent injunction and asking for interim injunction Quick Review Successful tenders not made parties to t...

(2001) 2 MLJ 387 (Mad) So.Vaijanthi, through her Power of Attorney Agency, Chokkanathan versus Raghuraman alias Bharathi Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of pleadings Amendment of schedule of properties Description of property in plaint different than that in document Must not stand in the way of an amendment Court cannot presume that description of property in document is correct and that an amendment of the description would change...

20-Mar-2001 Quick Review

(2001) 2 MLJ 310 (Mad) Vajjiravelu Asari (Died) and others versus Arulmighu Sri Arunachaleswarar Devasthanam, by its Executive Officer, Tiruvannamalai Civil Procedure Code (V of 1908), O.9, Rule 13 Limitation Act (XXXVI of 1963), Sec.5 Application 21-Feb-2001 to set aside ex parte decree and application for condonation of delay of 2062 days Petitioner saying that he was not keeping well and could not appear before court because of his deafness No evidence Quick Review to show that he suffered from any illness th...

(2001) 2 MLJ 307 (Mad) R.Lucas S/o.Rajamanickam and another versus Jayachandra W/o.A.K.V.Nityanandam and another Civil Procedure Code (V of 1908) O.1, Rule 10 Limitation Act (XXXVI of 1963), Sec.21(1) Suit for damages caused to plaintiffs vehicle in a fire accident Wife of plaintiff filing application to implead herself as second plaintiff after period of limitation was over Mistake in not impleading the second plaintiff not bona fide Application, ...

26-Feb-2001 Quick Review

(2001) 2 MLJ 300 (Mad) K.Sadasivam and another versus B.Harikrishnan Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for permanent injunction restraining defendants from interfering with the peaceful possession and enjoyment of a shop Defendants obviously were carrying on business in the suit property and were in possession which is not unlawful Permission to be in possession not revoked Plaintiff, held ...

2-Apr-2001 Quick Review

(2001) 2 MLJ 283 (Mad) V.Pandian and others versus K.P.Subramanian and another Civil Procedure Code (V of 1908), Sec. 11 Res judicata Two suits filed One suit for recovery of possession and mesne profits Defendants in the suit filed independent suit against the plaintiff for a declaration and recovery of possession Property is the same The first suit dismissed Appeal allowed Second appeal Appeal preferred ag...

25-Jan-2001 Quick Review

(2001) 2 MLJ 243 (Mad) The Commandant, Tamil Nadu Special Police VI Battalion, Chennai versus S.Sarath Civil Procedure Code (V of 1908), O.41, Rule 23 Applicability to motor accident claims Rule, held applicable to such cases Court, held has power to enhance compensation even without a cross-appeal If the circumstances warrant, the compensation amount may be revised upward even in the absence of a cross-objection by the claimants. [Paras. 8,...

2-Apr-2001 Quick Review

(2001) 2 MLJ 235 (Mad) V.K.Periasamy alias Perianna Gounder versus D.Rajan Civil Procedure Code (V of 1908), O. 16, Rule 21 Scope and applicability Suit to declare the right of the plaintiff to take water Consequential order for injunction There are number of defendants in the suit Plaintiff applied to the P.W.D. and Revenue Department Secretary permission to lay pipe through poramboke land Respondents gave ...

8-Mar-2001 Quick Review

(2001) 2 MLJ 225 (Mad) Rajus Gas Service, Indane Distributors, represented by its present Proprietors and another versus Balambal and another (A) Tort Insurance Act (IV of 1938) Compensation for death Plaintiffs husband dying in 3-Jan-2001 accident during and in the course of employment Civil suit for damages Insurance Company denying liability Allegation that relevant clause in policy was struck off Evidence Showing that Quick Review striking out of clause was deliberate with intent to avoid l...

(2001) 2 MLJ 199 (Mad) Lakshmi versus Khader Basha Civil Procedure Code (V of 1908), Sec.151 Inherent powers of the Court Scope and applicability Suit for possession by the petitioner against N N died Pending suit Application to bring the legal representative on record filed Suit by the petitioners husband against N for permanent injunction Case against N was given up in th...

13-Mar-2001 Quick Review

(2001) 2 MLJ 190 (Mad) Roman Catholic Church Maniaran Kunnu at Amsi represented by its Parish Rev.Father Paul, Richard Joseph versus Mariarulappan and others Civil Procedure Code (V of 1908), Sec.115 and Explanation Expression case decided Purport of 26-Feb-2001 Any order made deciding an issue in the course of a suit or other proceeding is a case decided Shutting out evidence which a party is entitled to place before a Court to substantiate his case is a case Quick Review decided.

(2001) 2 MLJ 175 (Mad) S.V.Lakshmanan, Chennai versus A.Venugopala Reddy and another Civil Procedure Code (V of 1908), O.21, Rules 85 and 86 Applicant auction purchaser depositing a sum of Rs.11,23,250.25 being 25% of the bid amount on same day Given 15 days time to pay the balance Not paying the balance on or before that day Time limit, held, cannot be extended.

8-Mar-2001 Quick Review

(2001) 2 MLJ 174 (SC) Star Construction and Transport Company and others versus The India Cements Ltd. Civil Procedure Code (V of 1908), O.22, Rule 3 Scope and applicability Power under Rule, held, cannot be exercised unless it is established that an accord or compromise has been entered into Suit was never before the arbitrators in any form and the figures mentioned in the reconciliation statement do not pertain to the suit claim and arbitrat...

13-Feb-2001 Quick Review

(2001) 2 MLJ 158 (Mad) MRF Limited, Principal Officer and Finance Director versus Emco Goa Private Limited, Margao, Goa (A) Negotiable Instruments Act (XXVI of 1881), Sec.96 Delivery of the promissory note Promissory note sent by post at the request of the creditor Cause of action arose in the place where the post office is situate.

3-Apr-2001 Quick Review

(2001) 2 MLJ 127 (Mad) Eranaga Gounder versus Alagarsamy and others Civil Procedure Code (V of 1908), Sec.47 , O.21, Rule 95 Property attached in dispute and sold Subsequent execution of decree Suit property purchased in Court auction Appellant not a party to suit Disclaiming any knowledge of suit or attachment order Respondent filing fresh suit for recovery of possession Such fresh suit is maintainab...

12-Feb-2001 Quick Review

(2001) 2 MLJ 110 (Mad) Union of India represented by Chief Commissioner of Income-tax (Admn.), Chennai and others versus Registrar, Central Administrative Tribunal, Chennai Bench, Chennai and another Civil Procedure Code (V of 1908), Sec.9 Constitution of India (1950), Arts.341 and 342 Bar of suit 14-Feb-2001 Suit for a declaration and injunction that plaintiff belongs to a scheduled tribe Such suit is barred by Arts.341 and 342 of the Constitution Bar of Suit need not be expressed, it may also be implied. Quick Review

(2001) 2 MLJ 76 (SC) Sri Naresh Chandra Agarwal versus Bank of Baroda and others Civil Procedure Code (V of 1908), Sec.51 and O.9, Rule 13 Ex parte decree Setting aside of Banks suit against a firm and two guarantors One of the guarantors dying His legal representative brought on record Notice issued to him returned with endorsement refused Address to which notice was sent was not the one where he was residing ...

8-Feb-2001 Quick Review

(2001) 2 MLJ 69 (SC) Santhosh Hazari versus Purshottam Tiwari (Dead) by L.Rs. (A) Civil Procedure Code (V of 1908), S.100 (as amended by Act (IV of 1976) Second appeal Existence of a substantial question of law is a sine qua non for High Court to hear a second appeal Substantial question of law Meaning of.

8-Feb-2001 Quick Review

(2001) 2 MLJ 52 (Mad) Tirupathi Nadar and others versus Pakiyalakshmi and others Civil Procedure Code (V of 1908), O.6, Rule 17 Written statement Defendant making admissions regarding suit claim Petition by defendant Praying for amendment at the time of defendants cross-examination Amendment of the nature that would set up a new cause of action Would replace admissions already made Amendment cannot be allowed P...

22-Feb-2001 Quick Review

(2001) 2 MLJ 36 (Mad) M.Thangavel Pillai versus The Commissioner, Corporation of Tiruchirapalli Civil Procedure Code (V of 1908), O.8, Rule 9 Additional written statement Filing of Defendant attempting to reinforce what has been stated in the original written statement by furnishing details about the suit schedule property Not pleading a different case Additional written statement can be

5-Jan-2001 Quick Review

permitted to be filed.

(2001) 2 MLJ 35 (Mad) Desekar and another versus D.Babu and 2 others Civil Procedure Code (V of 1908), O.1, Rule 10 Necessary parties Plaintiffs suit for permanent injunction restraining defendants from interfering with his possession Plaintiff and defendant tenants under the Devasthanam No dispute with regard to ownership of property No relief of restoration of electricity pleaded in plaint Devasthanam...

20-Jan-2001 Quick Review

(2001) 2 MLJ 9 (SC) D.P.Chadha versus Triyugi Narain Mishra and others (A) Civil Procedure Code (V of 1908), O.23, Rule 3 (as amended in 1976) and O.3, Rule 1 Scope Counsel, held, had implied authority to compromise or agree on matters relating to parties Amendment did not take away that authority Agreement or compromise to be proved to the satisfaction of the Court Court, has power to direct the personal pr...

5-Dec-2000 Quick Review

(2001) 1 MLJ 840 (Mad) Ramasamy versus Y.Ranganayaki and others (A) Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Grant of ad interim injunction Respondents 1 and 2 filing suit for injunction alleging that four persons had trespassed into the property in their possession One of them already dead on the date of suit Other defendants nowhere in the picture Suit itself was sham Petitioner alleg...

1-Mar-2001 Quick Review

(2001) 1 MLJ 833 (Mad) Karuthakkan Nadar versus The Tamil Nadu Electricity Board represented by Superintending Engineer, Tirunelveli and another Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of pleadings Amendment altering 19-Jan-2001 character of suit No averment in suit to support amendment Amendment also bassed by limitation Amendment cannot be allowed. Quick Review

(2001) 1 MLJ 812 (Mad) S.Mohammad Ali versus Basheer Ahmed, represented by his Power Agent Abdul Kalam Civil Procedure Code (V of 1908), O.8, Rule 8-A (i) O.13, Rules 1 and 2 Delay in filing documents by defendant Petition dismissed by lower Court that documents should have been filed along with written statement That the document is also inadmissible in evidence Even if documents are not produced at the time of filing written statement un...

19-Jan-2001 Quick Review

(2001) 1 MLJ 788 (Mad) P.Kalairaj versus Nallammal and others (A) Partition Suit for Plaintiff claiming properties belonging to joint family Defendant claiming through Will executed in his favour Execution of the Will disputed Allegation that the Will is not true and genuine Trial Court holding that the Will a true and genuine document Finding confirmed by the lower appellate Court Second appe...

7-Mar-2001 Quick Review

(2001) 1 MLJ 783 (Mad) Lemuir Air Express Tata Cargo Agent versus Air India, Government Corporation constituted under the Air Corporation Act, 1953, having their registered office at Bombay Civil Procedure Code (V of 1908), Sec.35(2) Scope and applicability Court allowing costs Must 8-Dec-2000 assign reasons in writing for not allowing costs Suit by Government Corporation against a proprietary concern and the cargo agent for recovery of money as freight charges Suit decreed Quick Review against first defendant with costs Cost not awarded to secon...

(2001) 1 MLJ 768 (Mad) Vaijayanthimala and others versus A.Ramasamy Civil Procedure Code (V of 1908), O.9, Rule 13 Petition for setting aside ex parte decree When may be allowed Was prevented by sufficient cause from appearing Implication of. 29-Jan-2001 Quick Review

(2001) 1 MLJ 765 (Mad) V.Sreekantan and another versus The Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District (A) Land Acquisition Act (I of 1894), Secs.18 and 53 Applicability of the provisions of Civil 26-Feb-2001 Procedure Code to all proceedings under the Act Petition for appointment of an Advocate Commissioner for ascertaining the market value of the property Petition dismissed Revision Quick Review against that order by the landowner Allowed Petition for appointm...

(2001) 1 MLJ 745 (Mad) Muthulingam versus Gangai Ammal Civil Procedure Code (V of 1908), Sec.151 and O.9, Rules 7 and 13 Suit for partition against four defendants All the defendants except third defendant entered appearance and filed written statement Third defendant residing in Singapore Summons to third defendant taken to Singapore Returned since defendant was not there Service by public...

19-Feb-2001 Quick Review

(2001) 1 MLJ 714 (Mad) M/s.Kalpaka Transport Co. Ltd. versus The Oriental Fire and General Insurance Company Ltd. represented by its Principal Officer and Senior Divisional Manager T.R.Suryanarayanan, Madras and another Civil Procedure Code (V of 1908), Sec.20(c) Insured party issuing letter of subrogation to Insurance 5-Dec-2000 Company at Madras Part of the cause of action arises at Madras Courts at Madras have jurisdiction to try suit. Quick Review

(2001) 1 MLJ 709 (Mad) Vittal Vel Press represented by Thayarammal, Chennai versus Sri Rangaswamy Temple, Madras represented by its Executive Officer Civil Procedure Code (V of 1908), Sec.47 Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII 15-Nov-2000 of 1960), G.O.Ms.No.2000 dated 16.8.1976 Petitioner/tenant in a building owned by respondent (Temple) Respondent obtaining an order of eviction against petitioner Petitioner challenging Quick Review executability of decree Petitioners contention that resp...

(2001) 1 MLJ 700 (Mad) V.Seshammal and others versus Andal Ammal Civil Procedure Code (V of 1908), Sec.100 Concurrent findings of facts by Courts below Interference by High Court in Second appeal Not permissible when there is no error of law or misreading of evidence or omission to consider material facts by Courts below.

4-Dec-2000 Quick Review

(2001) 1 MLJ 665 (Mad) A.S.Ramakrishnan versus Bank of Baroda, Madurai Civil Procedure Code (V of 1908), Sec.34, Rule 11 Scope and applicability Suit relating to mortgage Payment of interests Lower Court granting interest at the rate of 18% Appeal against that order set aside Court has power to award interest at 6% only from the date of the suit till payment.

16-Feb-2001 Quick Review

(2001) 1 MLJ 628 (Mad) Kannammal and another versus Mannammal and others Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for permanent injunction Plaintiffs claiming that they got title to entire property and that they are in actual possession Defendants filing number of documents to show that they had also acquired right, title and interest in the same survey number Plaintiffs, held, was bound to clear the ...

11-Dec-2000 Quick Review

(2001) 1 MLJ 604 (Mad) Kuppammal (died) and 3 others versus S.V.Kandasami 13-Nov-2000 (A) Civil Procedure Code (V of 1908), O.9, Rule 13 Setting aside of ex parte decree Conditions for. Quick Review

(2001) 1 MLJ 596 (Mad) Vellayyappa Padayachi versus Saminatha Asari and others (A) Civil Procedure Code (V of 1908), Sec.103 Suit for specific performance of an agreement to sell immovable property Suit two decades old Judgment of Appellate Court, a bit sketchy On the

4-Jan-2001

request of counsel, High Court agreed to consider the evidence oral and documentary on record instead of remanding to lower Court. [Para. 6]

Quick Review

(2001) 1 MLJ 571 (Mad) Abraham versus Maria Ambrose Civil Procedure Code (V of 1908). Secs.151 and 94(e) Court records tampered with Initiation of criminal proceedings Petition filed Dismissed Revision against the order of dismissal No reasons assigned for dismissing the petition Revision allowed.

19-Jan-2001 Quick Review

(2001) 1 MLJ 535 (Mad) Ranganatha Pillai versus Anandan and another Civil Procedure Code (V of 1908), Sec.100 Factual findings arrived at by first appellate court Interference in second appeal Possible only if the findings are perverse. (2001) 1 MLJ 464 (Mad) Muthuramalingam represented by his Power Agent Bharathavalli versus Priya and others Civil Procedure Code (V of 1908), Sec.100 Second appeal Powers of High Court in Concurrent findings of fact No legal infirmity on inconsistency found in judgments No patent error of law on perversity of approach seen High Courts held, will not interfere. 27-Nov-2000 Quick Review

21-Nov-2000 Quick Review

(2001) 1 MLJ 371 (Mad) Mohamed Ali versus Abdul Sinab (A) Civil Procedure Code (V of 1908), Sec. 100 Second appeal Conclusion of the lower appellate court interfence by the High Court Even if appreciation of evidence by that court is erroneous interfence not warranted.

3-Nov-2000 Quick Review

(2001) 1 MLJ 363 (Mad) Krishnan versus Valliammal Constitution of India (1950), Art.227 Civil Procedure Code (V of 1908), Sec.47 O.47, Rule 1 Suit filed by committing fraud Opposite party complaining of fraud Can avail himself of remedy under Art. 227 Sec. 47 or O.47, Rule 1 at any stage when the fraud is found out.

27-Nov-2000 Quick Review

(2001) 1 MLJ 354 (Mad) C.R.Malayalam versus Official Receiver, Tiruchirapalli and another Civil Procedure Code (V of 1908), Sec.100 Second appeal Concurrent findings of fact Interference with Findings not inconsistent or perverse No legal infirmity or patent error of law Findings, held, cannot be interfered with.

2-Nov-2000 Quick Review

(2001) 1 MLJ 335 (Mad) G.Mohamed Thaif and another versus The Bharath Petroleum Corporation Ltd., Chennai and another (A) Constitution of India (1950), Art.226 Burma Shell (Acquisition of Undertakings in India) Act (II of 1976), Secs.5 and 7 Land leased out to the Burma Shell Co. for 20 years Rights vested in Central Government by Act Lease renewed for 20 years in spite of landowners notice of termination Landowner issuing notice of termination on the e...

2-Dec-2000 Quick Review

(2001) 1 MLJ 238 (Mad) Alwar Chettiar versus Natarajan Pillai and others Civil Procedure Code (V of 1908), Sec.11 Res judicata Three suits involving common issue Legal representatives of deceased plaintiff not brought on record Finding of trial court becomes confined with respect to common issue Decision on common issue is res judicata Common issue cannot be heard again.

21-Dec-2000 Quick Review

(2001) 1 MLJ 229 (Mad) P.V.Atchuthan versus The Balussery Benefit Chit Fund (Pvt.) Ltd. and another Civil Procedure Code (V of 1908), O.6, Rule 17 Respondent, Chit Fund suing petitioner (defendant) for recovery of a sum of Rs.3,38,200 with interest Defendant resisting claim on the ground that it was a chit amount In the course of trial, respondent referring to one of the entries which showed that the suit amount had been transferred into th...

7-Nov-2000 Quick Review

(2001) 1 MLJ 219 (Mad) KR.Ayyavoo Servai versus N.Sethu and another Civil Procedure Code (V of 1908), O.23, Rule 1 Withdrawal of suit with liberty to file fresh suit Lower Court dismissing suit Appeal by plaintiff Suit remanded for fresh disposal Plaintiff seeking to withdraw suit with liberty to file fresh suit Dismissed by trial court Permission cannot be given at the convenience of the plaintiff.

10-Nov-2000 Quick Review

(2001) 1 MLJ 212 (Mad) Renganayaki and another versus K.R.Renganatha Mudaliar Civil Procedure Code (V of 1908), Sec.11 Res judicata Two cross suits between the same parties Common judgment Appeal in one suit only Decision in the other suit becoming final Held in absence of an appeal in the other suit, present appeal is barred by res judicata.

14-Dec-2000 Quick Review

(2001) 1 MLJ 189 (SC) Ratansingh versus Vijaysingh and others (A) Limitation Act (XXXVI of 1963), Sec.14, Art.136 Expression When the decree or order becomes enforceable When decree becomes enforceable Decree becomes enforceable from its date or subsquently Appeal resulting in a decree superceding decree passed by Trail Court It is the appellate decree which becomes enforceable.

11-Dec-2000 Quick Review

(2001) 1 MLJ 156 (Mad) Thankam and another versus Sreekumar and others Civil Procedure Code (V of 1908), Sec.115 Revision under No error of jurisdiction or material Irregularity in the proceedings High Court, held, cannot interfere with the findings. 17-Oct-2000 Quick Review

(2001) 1 MLJ 126 (SC) Gurdit Singh (Dead) through L.Rs. and others versus Nirmal Singh and another Civil Procedure Code (V of 1908), Sec. 144 Restitution Part of lands belonging to G, BL, V and BS sold by their attorneys by two sale deeds in favour of T and R Y and R agreeing to sell the lands to the predecessors in interest of the appellants Sale deeds not executed Appellants filing two suits for specific performance At about ...

9-Nov-2000 Quick Review

(2001) 1 MLJ 101 (Mad) Bakthavatsalam versus Anjapuli and others Civil Procedure Code (V of 1908), O.1, Rule 10 Impleading of parties Parties to be impleaded must be necessary and proper parties Alienation subsequent to the filing of the suit Hit by the doctrine of lis pendens Subsequent purchaser bound by the decision in the suit or proceedings.

13-Dec-2000 Quick Review

(2001) 1 MLJ 98 (SC) State Bank of India versus Km.Chandra Govindji Civil Procedure Code (V of 1908), O.17, Rule 1 Adjournments Court should not go beyond date on which adjourment is sought for Grounds for earlier adjournment ought not to be examined when party wants a further adjournment.

8-Nov-2000 Quick Review

(2001) 1 MLJ 85 (SC) Ramon Services (P) Ltd. versus Subhash Kapoor and others Civil Procedure Code (V of 1908), O.9, Rule 13 Ex parte decree passed due to absence of counsel due to strike Advocates had no right to stall the court proceedings Court is not obliged to writ or adjourn a case on account of a strike by the ADvocates Decree set aside on payment of costs by defaulting party Litigant suffering costs, held, ...

14-Nov-2000 Quick Review

(2001) 1 MLJ 80 (SC) Jagdish Sawhney versus Harbans Singh and others Civil Procedure Code (V of 1908), Sec.115 Jurisdiction under Condonation of delay in filing appeal Lower appellate court finding cause to be sufficient and condoning delay High Court, held

19-Sep-2000

ought not to interfere with the finding.

Quick Review

(2001) 1 MLJ 75 (SC) A.Venkatasubbiah Naidu versus S.Chellappa and others (A) Civil Procedure Code (V of 1908), O. 39, Rule 1 and O. 43, Rule 1 Order passed under O. 39, Rule 1, is appealable Part aggrieved may either move the appellate court or approach the court which passed the order for any relief.

19-Sep-2000 Quick Review

(2001) 1 MLJ 66 (SC) Joginder Pal versus Indian Red Cross Society and others Succession Act (XXXIX of 1925), Secs. 373, 383 and 387 Civil Procedure Code (V of 1908), Sec.11, Explanation VIII Decisions under Part X of Act on any question of right between parties, will not be a bar to trial of the same question in any suit or proceeding between the same parties.

29-Sep-2000 Quick Review

(2001) 1 MLJ 29 (Mad) Sengoda Gounder and others versus Komarasami Gounder and others (A) Tamil Nadu Survey and Boundaries Act (VIII of 1923), Sec.9 Ex parte order granting patta without notice to the plaintiffs Ought to be set aside. 19-Oct-2000 Quick Review

(2001) 1 MLJ 22 (Mad) Kaliammal versus Karuppan and others (A) Hindu Law Partition Suit for All the co-sharers of property are necessary parties. 3-Nov-2000 Quick Review

(2001) 1 MLJ 18 (SC) Oil and Natural Gas Corporation Ltd. versus State Bank of India, Overseas Branch, Bomaby Civil Procedure Code (V of 1908), O.37 Leave to defend Foreign Exchange Manual (1999) Appellant filing summary suit on a bank guarantee of US $43,204,32 plus Indian Rs.55,159,59 Respondent granted leave to defend on certain terms Order, held, was unsustainable as leave could have been granted only on a plea and finding of fraud.

21-Jul-2000 Quick Review

(2001) 1 MLJ 15 (Mad) Arumugha Gounder and others versus Tmt.Palaniammal and others Civil Procedure Code (V of 1908), O.17, Rule 2 Scope and applicability Evidence on the side of the plaintiff concluded Defendant did not come forward to give evidence even after several adjournments Counsel reporting no instruction Case decided on merits under O.17, Rule 2 Procedure adopted held proper Order upheld.

7-Nov-2000 Quick Review

(2001) 1 MLJ 10 (SC) M/s.Bharat Coking Coal Limited versus Raj Kishore Singh and another Civil Procedure Code (V of 1908), O.6, Rule 17 Arbitration Act (X of 1940), Sec.20 Application to amend petition under Sec.20 changing nature of dispute drastically Amendment, held, cannot be allowed.

5-May-2000 Quick Review

(2001) 1 MLJ 9 (SC) Jayanmti De and another versus Abani Kanta Barat and others Civil Procedure Code (V of 1908), O.41, Rule 11 Dismissal of appeal under High Court not required to record reasons Yet appeal should be disposed of on merits. 11-May-2000 Quick Review

(2000) 3 MLJ 824 (Mad) S.M.Ponniah Nadar & Sons represented by its Partner S.M.P.Arunachalachamy and others versus R.C.Diocese of Madurai represented by its Procurator Father S.Jesudasan Arch Bishops House, K.Pudur, Madurai Civil Procedure Code (V of 1908), O.41, Rule 31 Lower Appellate Court considering the evidence and 4-Sep-2000 giving distinct findings on the issues framed by the lower court, while confirming the order of the rural court Appellate Court not stating points for determination Judgment cannot be held bad. Quick Review

(2000) 3 MLJ 791 (Mad) Hindustan Lever Ltd., Madras versus Merit Education Trust represented by its Secretary, Madras Civil Procedure Code (V of 1908), O.29, Rule 1 Suit for eviction Property admittedly wakf property Educational Trust formed subsequently Properties of trust vested in wakf Provision for trust to sue and be sued by secretary-cum- treasurer Held, trust is only an extension or an appendage of the wakf It does not have any independent exi...

13-Oct-2000 Quick Review

(2000) 3 MLJ 782 (Mad) R.Mathi versus M.Thangavelu and others Civil Procedure Code (V of 1908), O.1, Rule 10(2) Deletion of defendants Where defendants are added as parties with allegation made against them, they cannot be deleted from the array of parties Trial courts reasoning that no prejudice will be caused to deleted defendants is untenable.

17-Jul-2000 Quick Review

(2000) 3 MLJ 767 (Mad) C.Vellaisamy versus C.Chinnakannu Civil Procedure Code (V of 1908), O.14, Rule 1 Issues, framing of Negative framing of issues by trial Court Non-framing of proper issue Case remanded to lower Court for fresh disposal Negative framing of issues may cause confusion as to whose burden it is to prove Issues must be in simple and positive form.

22-Sep-2000 Quick Review

(2000) 3 MLJ 761 (Mad) R.Ganesan versus Pooranam Civil Procedure Code (V of 1908), Secs.96 and 100 First Appellate Courts appreciation of evidence not right Patent error of law and perversity in approach noticed in the judgment Judgment, held has to be interfered with in second appeal.

31-Aug-2000 Quick Review

(2000) 3 MLJ 753 (Mad) The State of Tamil Nadu and another versus Rajamanickam Civil Procedure Code (V of 1908), Sec.9 Land Acquisition Act (I of 1894), Secs.4 and 6 Civil Courts, held, cannot declare that acquisition proceedings are void. 25-Aug-2000 Quick Review

(2000) 3 MLJ 739 (Mad) Beebee John versus Sheik Hussain and others (A) Civil Procedure Code (V of 1908), O. 1, Rule 10 and Sec.151 Scope and powers of the Court under Petition to implead proposed party as necessary party in cross-appeal Court has power to add any person whose right may be affected if he is not added as party Court should not refuse to exercise said power on mere technicalities.

28-Aug-2000 Quick Review

(2000) 3 MLJ 667 (Mad) Ramanathapuram Market Committee, Virudhunagar through its Superintendent, Regulated Market, Karaikudi versus T.V.S.S.Kadarkarai Vadivel Murugan & Sons, through its Partners Balakrishnan and others Civil Procedure Code (V of 1908), Sec.100 Second appeal Powers of High Court to interfere with 11-Aug-2000 concurrent findings of facts of lower Courts Substantial question of law framed by High Court being in the nature of factual position of the case Those facts already dismissed by both the lower Courts Quick Review High Court, held, cannot interfere with the ...

(2000) 3 MLJ 657 (Mad) Ariyaputhiran and others versus Munusami and others Civil Procedure Code (V of 1908), O.41, Rule 31 Points for consideration not framed by appellate court Very brief judgment Non-framing of points, in the absence of prejudice does not invalidate judgment Unlike reversing judgment, a confirming judgment need not go into every detail.

9-Aug-2000 Quick Review

(2000) 3 MLJ 653 (Mad) Angamuthu Asari versus Periyan Civil Procedure Code (V of 1908), O.41, Rule 31 Points for determination Framing of

4-Aug-2000

Requisites.

Quick Review

(2000) 3 MLJ 629 (Mad) Krishnan and others versus Subhashini and others (A) Civil Procedure Code (V of 1908), Section 100 Second appeal Interference with concurrent findings of facts Evidence grossly misappreciated Vital documents and vital admissions ignored totally by the Courts below High Court, held, will interfere.

8-Sep-2000 Quick Review

(2000) 3 MLJ 611 (Mad) M.Subbiah and others versus M.Ramachandran and others Civil Procedure Code (V of 1908), Sec.2 and O.23, Rule 3 Decree Meaning of Suit for division of joint family properties and putting the plaintiffs in separate possession of their share Some of the plaintiffs and some of the defendants filing a compromise petition Petition dismissed Order not falling under any of the exceptions in Sec....

28-Jul-2000 Quick Review

(2000) 3 MLJ 609 (Mad) Navu Gounder versus Govindasamy Gounder and another Civil Procedure Code (V of 1908), O.23, Rule 3 Compromise decree Matters falling outside the scope of the suit Consent compromise decree can be passed on account of amendment in 1976 Prior to amendment matters falling outside the scope of the suit Registration of compromise necessary.

28-Jul-2000 Quick Review

(2000) 3 MLJ 574 (Mad) Nagaraj versus Kanniah Konar represented by Power Agent Pitchai Civil Procedure Code (V of 1908), Sec.100 Second appeal Power of High Court to interfere with concurrent findings of facts Courts below dismissing a suit on consideration of vital documents No patent error of law or perversity in approach or lack of opportunity High Court, held, will not interfere with the concurrent findings of facts.

8-Sep-2000 Quick Review

(2000) 3 MLJ 570 (Mad) Ashok U.Samat and others versus M/s.Shanthi Builders Civil Procedure Code (V of 1908), O.9, Rule 13 Tamil Nadu Civil Courts and Madras City Civil Court Amendment Act (1995) Limitation Act (XXXVI of 1963), Sec.5 Suit originally filed in Original Side of High Court subsequently transferred to the City Civil Court consequent on the coming into force of the Amendment Act Petitioner and her counse...

20-Sep-2000 Quick Review

(2000) 3 MLJ 521 (Mad) G.Karuppiah versus G.Pandiyan Civil Procedure Code (V of 1908), Sec.100, O.39, Rule 1 Suit for injunction restraining defendants from interferring with plaintiffs possession decreed Said decree set aside in appeal Held, ignoring material evidence on record, the lower appellate court came to an erroneous conclusion resulting in miscarriage of justice Hence judgment of L...

27-Jun-2000 Quick Review

(2000) 3 MLJ 503 (Mad) Arumuga Thevar versus Ramasamy Thevar (A) Civil Procedure Code (V of 1908), Sec.11 Suits for declaration of title and possession Earlier suit for declaration of title and other relief Question of title was not taken up for consideration or decided Plaintiff directed to agitate question of title in a separate suit Latter suit, held is not hit by principle or res judicata.

4-Aug-2000 Quick Review

(2000) 3 MLJ 480 (Mad) U.Mohammed Isak versus Natarajan and others (A) Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Suit for injunction Pending suit, defendant obtaining patta to the land Plaintiff filing application for amendment seeking relief of declaration that the properties exclusively belonged to the plaintiff Amendment, held, has to be allowed.

10-Aug-2000 Quick Review

(2000) 3 MLJ 464 (Mad)

Kandaswamy Konar and another versus Kandaswamy Konar and others Civil Procedure Code (V of 1908), O.26, Rule 1 and O.41, Rule 23 Suit for declaration of plaintiffs title to property Documents relating to the property and oral evidence variant Appointment of advocate commissioner to measure the properties and fix the location of the suit house, essential Matter remitted to the lower appellate Court.

31-Aug-2000 Quick Review

(2000) 3 MLJ 449 (Mad) The Vice-President, Works Plant Nos.I and III, Chemplast Sanmar Limited, Raman Nagar, Mettur versus SKR.Balakrishnan (A) Specific Relief Act (XLVII of 1963), Secs.14 and 41 Industrial Disputes Act (XIV of 1947) Suit for injunction against defendant and his subordinates from dismissing petitioner from service Relief is truly one for direction to Continue in service Relief is truly one for direction to continue in service Such suit, held, is barred by Sec...

28-Jun-2000 Quick Review

(2000) 3 MLJ 428 (Mad) The P.K.M. Finance and Investment (T.N.) Private Limited represented by its Managing Director, Sebastian Michael Kuzhinjali, Kanyakumari versus Rev.Fr. Sebastian Panthaplakal, CMI, Parish Priest, St.Thomas Church, Kanyakumari Civil Procedure Code (V of 1908), Sec.88 and O.35, Rule 1 Inter-pleader suit Scope of Court 4-Aug-2000 cannot travel beyond what is admitted by plaintiff as due from him Court cannot direct any further payment or investigate into any question relating to the transaction between the parties Plaint Quick Review averring that a sum of Rs.23,21,760 as total amount d...

(2000) 3 MLJ 423 (Mad) Sankan versus Munian (A) Civil Procedure Code (V of 1908), O.39, Rule 2 Suit for injunction restraining defendants from putting up any construction in plaintiffs property Defendants claiming exclusive right as they were in possession for 20 years claim proved false Plaintiff, held, can file suit for injunction without prayer for declaration of title and possessi...

4-Aug-2000 Quick Review

(2000) 3 MLJ 392 (Mad) S.N.Ananthachari versus A.C.Rajagopalan and others Civil Procedure Code (V of 1908), O.41, Rules 23 and 27 Appellate court admitting additional evidence and remanding suit to trial court without considering requirements of Rules 23 and 27 Order set aside.

4-Aug-2000 Quick Review

(2000) 3 MLJ 350 (Mad) Karuppusamy Gounder versus Rukmani (A) Civil Procedure Code (V of 1908), Sec.100 Second appeal Jurisdiction of High Court in If and when High Court can interfere with findings of the lower appellate court. 4-Aug-2000 Quick Review

(2000) 3 MLJ 342 (Mad) M.Thandavaraya Poosali and five others versus M.Periyasamy Asari and nine others Civil Procedure Code (V of 1908), O.14, Rule 2 Scope Issue relating to valuation of property for purposes of court-fee held, cannot be decided as a preliminary issue. 14-Jul-2000 Quick Review

(2000) 3 MLJ 288 (Mad) Ramasamy and others versus K.C.Doraisamy Civil Procedure Code (V of 1908), Sec.11 Res judicata Plaintiffs suit for easementary right of cart track Previous suit on same facts for same reliefs between another person and defendants Previous suit dismissed Plaintiff deposing as witness in previous suit Subsequent suit by present plaintiff is not hit by res judicata Conduct of ...

14-Aug-2000 Quick Review

(2000) 3 MLJ 276 (Mad) Feroz Khan versus S.M.S.S.A.Farook Ali (A) Civil Proceeding Code (V of 1908), O. 21, Rule 11(3) Certified copy of decree Production of, in execution petition is not necessary Court feeling that production of copy of decree is not necessary

17-Jul-2000

Decree-holder need not produce a copy of it Civil Rules of Practice, Rule 140, held is only directory.

Quick Review

(2000) 3 MLJ 223 (Mad) S.Ashok Kumar versus Mrs.Jasoda Bai and another Civil Procedure Code (V of 1908), O.7, Rule 11(d) Partnership Act (IX of 1932), Sec.69(2) Rejection of plaint Suit by two individuals for an injunction restraining defendant from interfering with partnership business and other reliefs Petition to reject plaint on the ground that partnership is not registered Finding of Court below that a ...

4-Aug-2000 Quick Review

(2000) 3 MLJ 188 (SC) Santakumari and others versus Lakshmi Amma Janaki Amma (Died) L.Rs. and others (A) Transfer of Property Act (IV of 1882), Sec.58 (c) Mortgage by conditional sale or sale outright Decree passed against K.N. Property sold in execution of the decree K.N. however, allowed to get back the property if he deposited the decretal amount, interest and commission K.N. executing a sale deed in favour of one K On the same da...

10-Aug-2000 Quick Review

(2000) 3 MLJ 184 (SC) Marwari Kumhar and others versus Bhagwanpuri Guru Ganeshpuri and another (A) Evidence Act (I of 1872), Sec.65(c) Secondary evidence Original document lost Secondary evidence of Contents of the document is admissible Such evidence can be had of even of a public document.

10-Aug-2000 Quick Review

(2000) 3 MLJ 170 (SC) Rajendra Kumar versus Kalyan (Dead) by Lrs. (A) Civil Procedure Code (V of 1908), Sec.11, Explanations VII and VIII (introduced by Act CIV of 1976) Doctrine of res judicata Scope and object of. 2-Aug-2000 Quick Review

(2000) 3 MLJ 168 (SC) Kaluram versus Shrinathdas and others Civil Procedure Code (V of 1908), Sec.100 Second appeal Jurisdiction of High Court High Court not formulating any question of law when it entertained the second appeal Lower court entering concurrent findings of fact on question of ownership of land in dispute High Court, held, had no jurisdiction to conclude differently.

9-Feb-2000 Quick Review

(2000) 3 MLJ 155 (SC) Prasanta Banerji versus Pushpa Ashoke Chandani and others Civil Procedure Code (V of 1908), O.21, Rule 97 Decree passed in a suit Executive proceedings initiated Person not a party to that suit filing suit in respect of the same property Suit, held, was not maintainable. [Para. 3]

16-Mar-2000 Quick Review

(2000) 3 MLJ 154 (SC) Om Prakash Gupta versus Union of India and another Civil Procedure Code (V of 1908), O.8, Rr.1, 2 and 10 Summons served on 11.10.1996 on the defendant Union of India Though repeated time was granted to file written statement, none filed till 12.1.1999 Further time granted on that day Order set aside application by plaintiff under O.8, R.10 also allowed.

13-Apr-2000 Quick Review

(2000) 3 MLJ 153 (SC) Karnataka State Road Transport Corporation versus Smt.Asmathunnisa and others Civil Procedure Code (V of 1908), Sec.96 First appeal High Court dismissing, without giving any reason and without considering all the points in the appeal Order, held, is not sustainable. 13-Apr-2000 Quick Review

(2000) 3 MLJ 149 (Mad) Sundaram Nadar versus Sukumaran (A) Benami Transactions Prohibition Act (XLV of 1988), Secs.3 and 4 Act not applicable to pending proceedings.

4-Aug-2000

Quick Review

(2000) 3 MLJ 140 (Mad) Devendran and others versus Munuswamy Reddiar (died) and others (A) Hindu Minority and Guardianship Act (XXXII of 1956), Sec.8 Natural guardian of a minor, competent to enter into and executive agreements of sale It will not be void but voidable at the instance of the minor. [Para. 12]

13-Jun-2000 Quick Review

(2000) 3 MLJ 137 (Mad) C.Subramani versus T.Sundaram and others Civil Procedure Code (V of 1908), Sec.24 Petitions seeking transfer of an appeal suit and a civil miscellaneous appeal from the file of the Subordinate Judge, Ponneri to some other court Petitioner having absolutely no grievance against the Presiding Officer Petitioner alleging that one of the respondents who is the Secretary of the Legal Aid...

26-Jun-2000 Quick Review

(2000) 3 MLJ 132 (Mad) Pakkiammal versus Anaiappan Civil Procedure Code (V of 1908), Secs.148 and 151 and O.9, Rule 9 Plaintiff filing application to restore petition dismissed by court Court directing him to pay costs on or before a certain date On plaintiffs not paying costs on that day, petition dismissed Plaintiff again filing petition under Sec.151 to restore the petition after period ...

14-Jul-2000 Quick Review

(2000) 3 MLJ 104 (Mad) S.Balaji versus Mrs.Anandhi and another (A) Civil Procedure Code (V of 1908), Sec.24 Family Courts Act (LXVI of 1984) Transfer of proceedings Making a lady travel distances in undesirable. 27-Jun-2000 Quick Review

(2000) 3 MLJ 87 (SC) Dev Pal Kashyap (Dead) thorugh L.Rs versus Ranjit Singh and others Civil Procedure Code (V of 1908), Sec.115 Petition for eviction of tenant Petition allowed by Rent Controller, but order set aside in appeal Revision before High Court dismissed without giving any reasons Judgment of High Court set aside.

27-Apr-2000 Quick Review

(2000) 3 MLJ 87 (SC) Sheo Prasad versus Pawan Kumar Civil Procedure Code (V of 1908), Sec.115 Revision petition dismissed without recording reasons Order not a consent order Reasons held, ought to have been recorded. 28-Apr-2000 Quick Review

(2000) 3 MLJ 85 (SC) Balbir Singh Chib versus Sanjay Dave and another Civil Procedure Code (V of 1908), O.26, Rule 9 Order of appointment of receiver vacated by the High Court on the sole ground that on the date and time fixed for the receiver to take possession, appellant was absent Order, held cannot be sustained.

13-Apr-2000 Quick Review

(2000) 3 MLJ 84 (SC) Shreepat versus Rajendra Prasad and others Civil Procedure Code (V of 1908), O.26 Respondent filing suit for declaration and possession of a piece of land in a certain survey number Appellant raising serious dispute with regard to the area of that piece of land and its boundaries and contending that that piece was part of another survey number Court, held, should issue a survey commis...

2-Mar-2000 Quick Review

(2000) 3 MLJ 78 (SC) Madhavi Amma Bhavani Amma and others versus Kunjikutty Pillai Meenakshi Pillai and others (A) Civil Procedure Code (V of 1908), Sec.11 Principle of res judicata Applicability of Conditions for Finding recorded on any incidental question will not come within periphery of principle.

27-Apr-2000 Quick Review

(2000) 3 MLJ 71 (Mad) Rajiah Thevar versus Siluvai Pattam and others Civil Procedure Code (V of 1908), O.1, Rule 10 Impleading of proper parties Impleading does not imply automatic grant of relief to proposed parties Relief if any will be granted only after a proper trial and after fully hearing the parties Hence, order of impleadment cannot be interfered with.

20-Jun-2000 Quick Review

(2000) 3 MLJ 61 (Mad) Shri R.S.Pillai versus Smt.M.L.Peratchi alias Selvi and others (A) Interpretation of Statutes Principles of construction Statute must be read as a whole Principle applies to different parts of the same section No provision in a statute and no word in a section may be construed in isolation When language of provision is clear, plain and unambigussed, only the plain meaning is to be adopted. [Para. 23]

24-Jul-2000 Quick Review

(2000) 3 MLJ 36 (SC) Allahabad Bank versus Canara Bank and another (A) Recovery of Debts Due to Banks and Financial Institutions Act (LI of 1993), Secs.17, 18, 19(22) and 34 Jurisdiction of the tribunal under Act in regard to adjudication is exclusive Jurisdiction of Recovery Officer in regard to execution is also exclusive No other court, or authority, civil court or Company Court can go into the said ques...

10-Apr-2000 Quick Review

(2000) 3 MLJ 32 (SC) Union of India versus Era Educational Trust and another (A) Constitution of India (1950), Art.136 Appeal under Interference with an interlocutory order, if and when can be done. 5-Apr-2000 Quick Review

(2000) 3 MLJ 22 (SC) Kadiyala Rama Rao versus Gutala Kahna Rao (dead) by L.Rs. and others (A) Civil Procedure Code (V of 1908), O.21, Rule 90 Setting aside sale of an immovable property Factors to be taken note of. 18-Feb-2000 Quick Review

(2000) 3 MLJ 20 (SC) Reshmu and others versus Rajinder Singh and others Civil Procedure Code (V of 1908), O.20, Rule 14(1) Scope of In a pre-emption decree, title of decree holder accrues from the date of payment of the amount required to be made under it Plaintiff in joint possession of land, purchasers having purchased only undivided share of it Dismissal of execution petition by plaintiff, held, had no conse...

16-Feb-2000 Quick Review

(2000) 3 MLJ 7 (Mad) Sri Aurobindo Ashram Trust, Pondichhery represented by its Managing Trustee, Mr.Harikant C.Patel and another versus Kamal Dora Civil Procedure Code (V of 1908), O.16, Rules 1 and 2 Issue of summons to witnesses Courts duty 13-Jul-2000 Issue of summons is not automatic Court to use its discretion after hearing objections of other party Court failing to do so Order set aside. Quick Review

(2000) 2 MLJ 822 (Mad) Venkittu Achari versus G.Vaithianathan 4-Apr-2000 (A) Torts Malicious prosecution Suit for Points to be proved by plaintiff to succeed in. Quick Review

(2000) 2 MLJ 806 (Mad) Chinnaswamy Gounder versus Gangadhara Gounder (died) and others Civil Procedure Code (V of 1908), Sec.103 and O.41, Rules 23 to 27 High Court sitting in second appeal Calling for a finding from the lower court regarding possession of the property Party

22-Jun-2000

whether deprived of the right of appeal.

Quick Review

(2000) 2 MLJ 768 (Mad) Mrs.S.Karpagam versus R.Shanmugam Civil Procedure Code (V of 1908), O.40, Rule 1 Matter of appointment of Receiver Five requirement are to be fulfilled Appointment of a receiver are of the harshest remedies allowable only in extreme cases.

28-Apr-2000 Quick Review

(2000) 2 MLJ 731 (Mad) K.S.D.Siva Prasad Proprietor, Sundararaja Mills, Madurai versus K.A.Padmanabhan, Proprietor, Srushti Designs, Chennai and others Civil Procedure Code (V of 1908), O.12, Rule 6 Scope and applicability Judgment on admission is 16-Jun-2000 not a matter of report A matter of discretion of the court Discretion to be exercised judiciously Admission by the defendant must be clear, unambiguous, unconditional and unequivocal. Quick Review

(2000) 2 MLJ 702 (Mad) A.Subramania Mudaliar versus V.G.Subramania Battar and others Civil Procedure Code (V of 1908), Sec.10 and O.26, Rule 1 Stay of proceedings by appellate court Interlocutory application filed in trial court during pendency of stay Application ordered, allowing commissioner to visit property to submit report Order is valid even though a stay is in operation.

28-Mar-2000 Quick Review

(2000) 2 MLJ 683 (Mad) A.Parvatham versus Bank of Baroda represented by its Branch Manager, Tiruppur and others Civil Procedure Code (V of 1908), O. 21, Rule 90, Sec. 47 Reduction of upset price Judgmentdebtor put on notice Not objecting to reduction of upset price at the time of drawing sale proclamation Failure to mention due presence of well and electrification and vacant space Is not a misdescription of the property Objections to sale of ent...

7-Apr-2000 Quick Review

(2000) 2 MLJ 660 (Mad) Mohan versus Dalmia Magnesite Corporation Salem, represented by its Assistant Manager, Dalmia New Colony, Salem Civil Procedure Code (V of 1908), O.21, Rule 96 Decree for delivery of possession of property 7-Apr-2000 against mother and the petitioner Death of petitioners mother Respondent filing memo to record the petitioner as the legal representative Memo accepted by Executing Court Petitioner demanding Quick Review that all legal representatives be impleaded Need no...

(2000) 2 MLJ 656 (Mad) T.Palanisamy Gounder versus Sankara Ramanathan and others (A) Civil Procedure Code (V of 1908), O.7, Rule 11 and O.39, Rule 1 Sale of alleged trust property challenged Claim rejected Subsequent suit Not to take any action in respect of sale deed Earlier proceedings suppressed Ad-interim injunction granted by trial Court Revision to the High Court Allowed.

28-Mar-2000 Quick Review

(2000) 2 MLJ 637 (Mad) K.Subban Pagadai versus S.Subban Pagadai, S/o.Subban Pagadai and another (A) Civil Procedure Code (V of 1908), O. 41, Rule 33 Power of the appellate court, granting reliefs in favour of party not filing appeal or cross-objection Exercise of discretionary power under O. 41, Rule 33 Not to be refused on mere technicalities Reliefs to be granted to meet ends of justice even in absence of appeal or cross-objections ...

7-Mar-2000 Quick Review

(2000) 2 MLJ 564 (Mad) P.Kamakshi alias Kala Jacob versus P.Devaki and others (A) Hindu Marriage Act (XXV of 1955), Sec.8 Registration of Hindu marriages Non-registration does not imply that marriage never took place. 13-Mar-2000 Quick Review

(2000) 2 MLJ 508 (Mad) Guruvapandaram (died) versus G.Guruswamy (A) Hindu Law Joint family property Settled law that burden of proof on party who asserts that any

13-Mar-2000

item is Joint Family property Mere proof of existence of joint family does not lead to presumption that property held by member is Joint Family Property.

Quick Review

(2000) 2 MLJ 490 (Mad) Kuppuswami alias Mannakatti and another versus Nagarathina Gounder and another (A) Civil Procedure Code (V of 1908), Sec.11 Res judicata Scope and applicability Limited owner and full owner Distinction between Suit for declaration of title and recovery of possession Title put forward in suit independent of title in earlier suit Father as life estate holder was limited owner and sons/appellants have independent t...

19-Jan-2000 Quick Review

(2000) 2 MLJ 482 (Mad) Pichai versus Natarajan and another Civil Procedure Code (V of 1908), O.16, Rule 14 Power of the court to summon witnesses, under Scope and applicability Court has power to summon a witness if the ends of justice so require Mere allegation of collusion without proof not ground for the court to summon witness as court witness Revision dismissed.

20-Mar-2000 Quick Review

(2000) 2 MLJ 478 (Mad) S.Mahimaidoss versus Vanathayya and others Civil Procedure Code (V of 1908), O.13, Rules 1 and 2 Object and scope Non-production of document, at earliest stage Receiving said documentary evidence at subsequent stage Rule to be liberally construed to advance cause of justice Court to receive said evidence if good cause shown for non-production at earliest stage Revision allowed.

7-Apr-2000 Quick Review

(2000) 2 MLJ 461 (Mad) S.N.Hasan Abubucker versus Kottikulam Street Mohideen Pallivasal Therkku Mohideen Pallivasal, Nirvagi Mutheru Committee through its Secretary M.S.Buhari and another Civil Procedure Code (V of 1908), O.41, Rule 27 Applicability Receiving additional evidence at the 11-Feb-2000 appellate stage Ultimate aim of a judicial proceeding is to render justice Court not to adopt by per technical approach Additional evidence can be received in the interest of justice to clear up obscure Quick Review areas of evidence.

(2000) 2 MLJ 441 (Mad) Sri Krishna Chit Funds (Sattur Private Limited), Sattur its Managing Director Tmt.R.Umayal versus R.S.Pillai and another Civil Procedure Code (V of 1908), O.38, Rule 11-B and O.21, Rule 58-A Scope Provisions 28-Apr-2000 mandatory Non-compliance with requirements Attachment rendered void A subsequent purchaser without knowledge of such attachment cannot be penalised Attachment order sent to Sub Quick Review Registrar defective and returned by that office Correct order not recomm...

(2000) 2 MLJ 438 (Mad) Seethai Ammal and others versus V.C.Vaikundam and others Civil Procedure Code (V of 1908), Sec.148 Scope and applicability Application to set aside ex parte decree Order to pay certain amount before certain date as condition precedent to set aside ex parte decree Application to extend time dismissed Ex parte decree sought to be set aside by consent of both parties Said consent made an order o...

28-Mar-2000 Quick Review

(2000) 2 MLJ 436 (Mad) Pachamuthu Konar versus Chinnappa Konar Civil Procedure Code (V of 1908), O.41, Rules 23 to 29 Remand Petition filed to receive additional documents Lower appellate court remanding matter In a mechanical manner without considering judgment of trial court Not proper Principles to be followed by a lower appellate court while exercising power of remand.

11-Feb-2000 Quick Review

(2000) 2 MLJ 433 (Mad) Kuttiammal and others versus Abraham and another (A) Constitution of India (1950), Art.227 Jurisdiction under Civil Procedure Code (V of 1908), O.21, Rule 97 Application for removal of obstruction by L.Rs on the decree-holder Maintainability of revision under Art.227 after dismissal of application under O.21, Rule 97, Civil Procedure Code

31-Mar-2000 Quick Review

Jurisdiction under Art.227 is extraordinary jur...

(2000) 2 MLJ 429 (Mad) Jayanthi versus Mangalam and others 29-Feb-2000 Civil Procedure Code (V of 1908), Secs.151 and 152 Scope and applicability. Quick Review

(2000) 2 MLJ 410 (Mad) The Neyveli Lignite Corporation Ltd., represented by its General Manager/T.A., Neyveli versus M/s.Hotel Blue Diamond represented by its Partner, T.Mani, Neyveli Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for declaration Petition for interim injunction 29-Feb-2000 To direct defendant to issue a no objection certificate Where the defendant has the right to decide on issuing a no objection certificate, court cannot compel the defendant. Quick Review

(2000) 2 MLJ 400 (Mad) Nelamega Bhattachariar versus T.R.Govindaraghavan and others .. Civil Procedure Code (V of 1908), O.7, Rule 11 Scope and purpose of the Rule Suit for declaration that the plaintiff are entitled to rights of honours in temple Consequential relief of injunction asked for Objection to the maintainability of the said order as barred by the provisions of the Hindu Religious and Charitable Endowments Act Ap...

11-Feb-2000 Quick Review

(2000) 2 MLJ 392 (Mad) Vee Cee Yes Granites, Chennai, represented by its Partner, K.C.Ragunathan versus Central Bank of India, Madras Main Branch, Chennai (A) Civil Procedure Code (V of 1908), Secs.10, 4 and 9 Scope and applicability Stay of 10-Apr-2000 subsequently field suit Recovery of Debts due to Banker and Financial Institutions Act (LI of 1993), Secs.3(1), 17 and 18 Bar of jurisdiction under Application by Bank before Debt Recovery Tribunal Quick Review For recovery of dues Application by plaintiff under...

(2000) 2 MLJ 360 (Mad) M/s.Deepika Constructions by its Proprietor, P.Selvaraj versus L.V.Rajendran Civil Procedure Code (V of 1908), O.39, Rule 1 Specific Relief Act (XLVII of 1963), Secs.14 and 41(h) Suit for injunction by building contractor to restrain the owner of property from ejecting him from the property until the due completion of the contract Maintainability Held, injunction cannot be granted Remedy is to file a suit for dama...

18-Jan-2000 Quick Review

(2000) 2 MLJ 352 (Mad) N.Dhandapani versus Selvin alias Selvam and others Civil Procedure Code (V of 1908), Sec.24 Patta proceeding pending before a particular Revenue Divisional Officer Petition for transfer to another Revenue Divisional Officer Petition filed under Sec.24 of the Civil Procedure Code Held, District Revenue Officer is not a court Hence petition not maintainable Dismissed.

24-Mar-2000 Quick Review

(2000) 2 MLJ 347 (Mad) Jesu Rasiah and another versus Mercolin Babu alias Mercolin Mohan Babu and others Civil Procedure Code (V of 1908), O.40, Rule 1 Appointment of a receiver Pending proceeding Consideration. 12-Apr-2000 Quick Review

(2000) 2 MLJ 318 (Mad) M/s.Ravichandran Transports Mettur Dam, Salem Distirct versus United India Insurance Company Ltd., Divisional Office (A) Civil Procedure Code (V of 1908), Sec.20(c) Goods entrusted to carrier at Mettur, place of 3-Feb-2000 destination being Bangalore Goods were insured with plaintiff, whose office was located at Madras Plaintiff settling claim of insured and getting subrogation rights of consignor Letter of subrogation Quick Review executed at Madras and attested by a Notary at ...

(2000) 2 MLJ 306 (Mad)

Kamaraj Nagar Residents Association represented by its Secretary, Krishnamurthy versus K.Muthu (A) Tamil Nadu Court-fees and Suits Valuation Act (XIV of 1955), Sec.27 Scope and applicability Suit for injunction to restrain defendant from interfering with plaintiffs possession Defendant contending that suit under-valued and sufficient court-fee not paid Held, court-fee calculated only on basis of allegations in plaint Contentions i...

31-Jan-2000 Quick Review

(2000) 2 MLJ 304 (Mad) M.Palaniyappan versus Nachimuthu and another Civil Procedure Code (V of 1908), O.6, Rule 7 Pleadings Suit for specific performance of agreement of sale Plaint amended Additional written statement Shall be confined and limited to amended portion of the plaint only.

22-Mar-2000 Quick Review

(2000) 2 MLJ 294 (Mad) Annathai versus Murugaiah (A) Hindu Marriage Act (XXV of 1955), Sec.7A(1)(c) of Tamil Nadu Amending Act (XXI of 1967) Hindu marriage Validity of Husband denying factum of marriage with wife Marriage by tying of thali a valid marriage Established beyond doubt that there was a valid marriage in law.

31-Mar-2000 Quick Review

(2000) 2 MLJ 291 (Mad) K.Chockalingam versus RM.Ramasamy alias Sethu and another Civil Procedure Code (V of 1908), Sec.94, O.26, Rule 1 and O.39, Rule 7 Suit for partition Plaintiff claiming share of moveable jewellery Giving value of items but not of details of items Praying for issue of commission to ascertain jewellery items Disallowed by trial court Plaintiff must state that he has a prima facie case unless unde...

3-Jan-2000 Quick Review

(2000) 2 MLJ 282 (Mad) R.Sathyanarayana Rao and others versus M.K.Manoharan alias Manoharan and another Civil Procedure Code (V of 1908), O.26 Appointment of Commissioner Suit for declaration that the plaintiff is entitled to the registration patta Consequential relief of injunction Restraining to defendant from proceeding with any construction Parties went on trial Evidence was let in and closed Matter was argued by the plaintiffs coun...

8-Mar-2000 Quick Review

(2000) 2 MLJ 237 (Mad) Kanakamma versus Kamalam Civil Procedure Code (V of 1908), O.21, Rule 32(5) Decree executed and possession handed over after removal of encroachment Judgment-debtor again encroaching on the property Plaintiff held, was entitled to relief for every encroachment provided application is made in time He cannot be driven to a separate suit.

14-Jan-2000 Quick Review

(2000) 2 MLJ 209 (Mad) Patel Roadways Ltd., Chennai versus Indo Matsushita Appliances Co., Ltd., Madras, represented by its Power of Attorney agents United India Insurance Company Ltd. and another Civil Procedure Code (V of 1908), Sec.20 Applicability Goods entrusted to common carrier 6-Mar-2000 damaged in accident Subrogation Court in place where subrogation took place have jurisdiction to entertain suit. Quick Review

(2000) 2 MLJ 193 (Mad) Mahalingam and another versus Mahalingam and another Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for declaration Application for interim injunction filed Court ordered notice Defendant entered appearance Counter not filed Adjournment sought for Court refused adjournment Injunction granted Revision against that order Petitioner must satisfy the court No reason given for g...

22-Mar-2000 Quick Review

(2000) 2 MLJ 185 (SC) Bank of India versus Lakshimani Dass and others Civil Procedure Code (V of 1908), Sec.95 Remedy under Scope of Temporary injunction granted an application on insufficient grounds or on no probable or reasonable grounds Compensation for Section gives only an alternative remedy It does not interfere with principles

10-Mar-2000 Quick Review

regulating suits for damages in tort these two remedies are concurren...

(2000) 2 MLJ 181 (SC) United India Insurance Company India Ltd. versus Rajendra Singh and othrs Civil Procedure Code (V of 1908), Secs.151, 152 and 153 Constitution of India (1950), Arts.226 and 227 Motor accident Compensation obtained by victims Fraud practiced on court discovered later on Remedy to the party aggrieved, cannot be foreclosed Courts and tribunals are not powerless to recall an order obtained by fraud.

14-Mar-2000 Quick Review

(2000) 2 MLJ 175 (Mad) Perumalsamy and others versus Devaraj Ammal and others (A) Civil Procedure Code (V of 1908), Sec.9 Tamil Nadu Agricultural Lands Record of Tenancy Rights Act (X of 1969), Sec.16-A. 18-Jan-2000 Quick Review

(2000) 2 MLJ 172 (SC) Sajjadanashin Sayed Md. B.E. Edr. (D) by LRs. versus Musa Dadabhai Ummer and others Civil Procedure Code (V of 1908), Sec.11 Res judicata Expressions directly and substantially in issue and collaterally or incidentally in issue Test for determination If issue was necessary to be decided for adjudicating on the principal issue and was decided, it is directly and substantially in issue Test is whether court considers t...

23-Feb-2000 Quick Review

(2000) 2 MLJ 170 (SC) State of U.P. versus Ram Swarup Saroj Civil Procedure Code (V of 1908), O.1, Rules 1 and 9 Non-joinder of parties Plea as to, held, cannot be raised for the first time in Supreme Court. 7-Mar-2000 Quick Review

(2000) 2 MLJ 136 (Mad) Dr.Ravichander versus Karunakaran and others (A) Benami Protection Prohibition Act (45 of 1988) Sham transaction Whether will come under the provision of the Act Sham Transaction and Benami Transaction are different Prohibition in regard to Benami Transaction will not apply to Sham Transaction.

7-Feb-2000 Quick Review

(2000) 2 MLJ 126 (Mad) M/s.ION Exchange Finance Ltd. versus M/s.The Haileyburia Tea Estates Ltd., Employees Gratuity Fund Trust, represented by Trustee Sudhir Prakash, Kottayam, Kerala and others Civil Procedure Code (V of 1908), O.1, Rules 1 and 10 Party sought to be impleaded as a necessary 7-Feb-2000 party Proposed party should have defined, subsisting direct and substantive interest in the litigation Such interest can be either legal or equitable and cognizable in law If by not being added as a Quick Review necessary party The proposed party will be ...

(2000) 2 MLJ 125 (SC) New India Assurance Company Ltd. versus R.Srinivasan (A) Consumer Protection Act (LXVIII of 1986), Secs.13(4) and 14(3) Scope Tamil Nadu Consumer Protection Rules (1988), Rules 4, 8 and 9 Scope. 28-Feb-2000 Quick Review

(2000) 2 MLJ 100 (Mad) M/s.Sekaran Real Estates, a Partnership Firm, by Managing Partner, K.Chandrasekaran versus Punjab National Bank, Mylapore Branch, Mylapore, Madras-600 004 by its Manager Civil Procedure Code (V of 1908), O.41, Rule 23 Power of the Appellate Court to order remand 11-Feb-2000 Appellate Court remanding case to trial court for fresh trial Judgment and decree of trial court not set aside Appellate Court cannot remit case to trial court Without setting aside judgment of trial court Quick Review Power of remand not to be lightly exerc... (2000) 2 MLJ 89 (Mad) Rathnasamy Mudaliar and others versus Rasu (A) Adverse possession Pleadings Expression adverse possession need not find a place in

9-Dec-1999

pleadings It is enough if averments in pleadings are sufficient to constitute the plea of adverse possession.

Quick Review

(2000) 2 MLJ 87 (SC) State of H.P. and another versus Akshara Nand (D) by L.Rs. and others Civil Procedure Code (V of 1908), Sec.100 Second appeal Power of High Court into interfere with concurrent findings of fact High Court reappreciating evidence, adopting a process of elimination by being critical of materials produced on behalf a defendants without going into the cumulative effect of the material Setting aside findings on gr...

15-Mar-2000 Quick Review

(2000) 2 MLJ 76 (Mad) Arcot Textiles Mill Ltd., Ulagamkathan Village, Kallakurichi Taluk by Managing Director, Nadrajh Annamali versus S.Rajendran and others Civil Procedure Code (V of 1908), O.23, Rule 1 Scope and applicability Withdrawal of suit 3-Jan-2000 Plaintiff has got right to withdraw suit at any stage of the proceedings unless the defendant shows that he has vested right. Quick Review

(2000) 2 MLJ 59 (Mad) M.M.S.Investments through its Managing Director and others versus V.Veerappan and others .. (A) Specific Relief Act (XLVI of 1963), Secs.19, 16(1)(c) and (b) Subsequent purchaser for valuable consideration with or without prior knowledge of a prior sale agreement can raise any ground other than that under Sec.16(c) to resist the specific performance of the agreement.

25-Jan-2000 Quick Review

(2000) 2 MLJ 50 (SC) Raghavendra Kumar versus Firm Prem Machinery & Company (A) Rent Control Landlords petition for eviction of tenant on ground of own requirement Suitability premises, has to be decided only by landlord. 7-Jan-2000 Quick Review

(2000) 2 MLJ 44 (SC) C.Gangacharan versus C.Narayanan (A) Civil Procedure Code (V of 1908), Sec.47 Executing Court, vannot go behind the decree of a court of competent jurisdiction unless it is void ab initio or without jurisdiction. [Para. 4] 14-Dec-1999 Quick Review

(2000) 2 MLJ 39 (SC) Union of India versus E.I.D. Parry (India) Ltd. Civil Procedure Code (V of 1908), Sec. 100 Second appeal Suit for recovery of excess demurrage charged by the appellant Claim depending upon Part I-A of Goods Tariff Rules of the Southern Railway No pleading that Rule was ultra vires the Railways Act No issues framed on that aspect High Court, in second appeal considering validity of t...

1-Feb-2000 Quick Review

(2000) 2 MLJ 24 (SC) Bhagwandas Fatechand Daswani and others versus H.P.A.International and others Civil Procedure Code (V of 1908), O. 20, Rule 1 Judgment Long delay in delivery of Consequences Appellants whose appeal has been dismissed may have the apprehension that the arguments raised by the counsel may not have-been properly appreciated Judgment set aside.

13-Jan-2000 Quick Review

(2000) 2 MLJ 5 (SC) Usha Harshadkumar Dalal versus M/s.ORG Systems and others Civil Procedure Code (Vof 1908), O.40, Rules 1 and 3 Scope and object of Court-receiver appointed in respect of premises Receiver taking over symbolic possession Trespasser or any person who obtains possession thereafter Receiver, held, need not approach a rent court under the Rent Control Act for appropriate declaration and relief.

6-Jan-2000 Quick Review

(2000) 1 MLJ 764 (Mad) S.Rajendran versus Arulmigu Kapaleeswarar Devasthanam, Mylapore, Madras-4, represented by its Executive Officer and another

Civil Procedure Code (V of 1908), O.21, Rule 97 Scope Rules 98 and 99 Applicability E.P. impleading revision-petitioner obstructor in earlier E.P., by some decree-holder Whether execution court exceeded its jurisdiction in ordering execution against person not party to suit Whether withdrawal of 2nd execution petition and dismissal of e...

8-Dec-1999 Quick Review

(2000) 1 MLJ 744 (Mad) Mrs.Papathi Amma versus Natarajan and others (A) Civil Procedure Code (V of 1908), as amended by Act 1976, O. 21, Rules 97, 99 and 101 Power of the Executing Court Execution proceedings Obstruction by subsequent purchaser Obstructor instituting separate suit and obtaining permanent injunction Whether question of title can be gone into in a separate suit when proceedings instituted u...

21-Dec-1999 Quick Review

(2000) 1 MLJ 712 (Mad) Nagarathinam versus Velammal (A) Specific Relief Act (XLVII of 1963), Sec.8(1) Suit for directing to execute the sale deed Ex parte decree passed Partition to set aside the decree Dismissed Decree became final Decree providing two months time for depositing the balance of sale consideration Amount not deposited in time Petition for extension of time Allowed ...

24-Dec-1999 Quick Review

(2000) 1 MLJ 685 (Mad) G.Madhavan versus Kotteswaran and others (A) Civil Procedure Code (V of 1908), O. 18, Rule 18 Scope Suit for specific performance against three respondents 2nd and 3rd respondent impleaded on ground that they attempted to purchase the suit property Plaintiff, alleging that the agreement between 2nd and 1st respondents came into being after his agreement asking for permission to ta...

3-Nov-1999 Quick Review

(2000) 1 MLJ 641 (Mad) Subramani . versus Anji 22-Sep-1999 (A) Hindu Law Joint family property or self acquired Burden of proof. Quick Review

(2000) 1 MLJ 584 (Mad) St.Isables Hospital, represented by its Administrator versus A.V.Murugan (A) Transfer of Property Act (IV of 1882), Sec.105 Licence or lease Right to collect parking fees from vehicles in hospital Is a privilege or licence Not a lease Use of word rent in agreement does not change the nature of transaction.

24-Dec-1999 Quick Review

(2000) 1 MLJ 526 (Mad) The District Collector, Pudukottai and another versus Tmt.Neela Bai and others (A) Motor Vehicles Act (LIX of 1988), Secs.168 and 173 Motor accident Deceased victim drawing a salary of Rs.3,685 p.m. Tribunal awarding compensation on that basis Report of the Pay Commission published after the award and the commission recommending a salary of about Rs.5,000 p.m. for the post High Court taking it into account ordered i...

26-Oct-1999 Quick Review

(2000) 1 MLJ 517 (Mad) Vasu Thevar and others versus Rukmani Ammal and another Civil Procedure Code (V of 1908), O.41, Rule 21 Scope and applicability Suit dismissed Appeal to the appellate court by the plaintiff Appellant laid up in the hospital not attending the hearing Counsel reporting no instructions Court passed an ex parte decree Application to set aside the ex parte decree rejected by lower court Held ...

14-Jan-2000 Quick Review

(2000) 1 MLJ 447 (Mad) S.Umapathy versus Arunachalam Pattankattiar and another Civil Procedure Code (V of 1908), O.41, Rule 27 Scope and applicability Receipt of additional documents of the appellate stage Mere receipt of documents as additional evidence not a ground for remand.

14-Jan-2000 Quick Review

(2000) 1 MLJ 424 (Mad)

Fathimunnissa and another versus Tamil Nadu Wakf Board represented by its Secretary, Madras and others Wakf Act (XXIX of 1954), Secs.3(a) and 44 Civil Procedure Code (V of 1908), Sec.11 Father filing 3-Dec-1999 petition for removal of Muttavallis dismissed Later son and daughter filing petition for identical reliefs Held, son and daughter also are beneficiaries They have independent locus standi Quick Review Petition filed by them is maintainable.

(2000) 1 MLJ 404 (Mad) Sambayee Ammal and others versus Poomalai and others (A) Specific Relief Act (XLVII of 1963), Sec.12 Material alterations in sale deed not explained in evidence Plaintiffs have not come to court with clean hands Not entitled to discretionary relief specific performance.

20-Aug-1999 Quick Review

(2000) 1 MLJ 401 (Mad) Minor Sivasankari represented by her next friend and mother Nirmala alias Navajothi versus G.Subramaniam and another Civil Procedure Code (V of 1908), O.9, Rule 13 Petitioner for setting aside ex parte decree 1-Sep-1999 Limitation Act (XXXVI of 1963), Sec.5 Application for condonation of delay Cannot be allowed on ground that it should be allowed with a view to arrive at a finality. Quick Review

(2000) 1 MLJ 397 (Mad) Lilamani versus Bien Aime Pouchepalliamballe and others Civil Procedure Code (V of 1908), O.1, Rules 9 and 10 Suit for declaration that birth certificate that D was born to 1st defendant through plaintiffs husband was false Plaintiff alleging that one S who was born to the 1st defendant has been projected as the child born through plaintiffs husband Plaintiffs husband not impleaded S al...

18-Aug-1999 Quick Review

(2000) 1 MLJ 373 (Mad) V.G.Loganathan versus M.Balakrishnan and another Specific Relief Act (XLVII of 1963), Sec.38 Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Suit for permanent injunction and applications for temporary injunction Plaintiff suppressing real facts obtaining undue advantage by filing collusive suit and forcibly dispossessing a third person admittedly in possession Person coming to cour...

19-Nov-1999 Quick Review

(2000) 1 MLJ 370 (Mad) S.K.S.Rajamani Nadar and another versus Tuticorin Small Scale Salt Manufacturing Association, through its Secretary, M.S.Arunachalam, V.E.Road, Tuticorin and another Civil Procedure Code (V of 1908), O.21, Rule 89 and Proviso Scope Judgment-debtor filing 6-Sep-1999 petition to dispense with requirement to furnish security Court not giving any direction or opportunity to judgment-debtor to furnish security Furnishing of security would be a pre-condition Quick Review only if court passed an order in terms of the proviso.

(2000) 1 MLJ 368 (Mad) G.Kannan and another versus Kulikambal alias Saroja and others (A) Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for injunction Possession alone is material in. [Para. 10] 17-Aug-1999 Quick Review

(2000) 1 MLJ 349 (Mad) Chenchulakshmi versus Janardan Singh and others (A) Civil Procedure Code (V of 1908), O.6, Rule 4 Plaintiff alleging collusion and fraud to set aside a decree Employing the general expression fraud and collusion No particulars averred Such averment is insufficient Court, held, cannot take notice of it.

28-Oct-1999 Quick Review

(2000) 1 MLJ 345 (Mad) V. Rajaram versus Periaswami Pillai Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Application for Amendment having effect of ousting jurisdiction of court Application cannot be rejected on that ground only.

9-Dec-1999 Quick Review

(2000) 1 MLJ 306 (Mad) Kandasamy Gounder versus Thangavel Gounder and another Civil Procedure Code (V of 1908), Sec.100 Lower appellate court not referring to materials before it Not stating why the judgment of the trial court had to be reversed Interference warranted in second appeal.

11-Oct-1999 Quick Review

(2000) 1 MLJ 291 (Mad) Eswaramoorthy Velar versus Parvathammal Civil Procedure Code (V of 1908), Sec.9 Scope Tamil Nadu Debt Relief Act (L of 1982), Sec.7 Scope Plaintiff an agriculturist seeking redemption of mortgage without payment, availing benefit under the Act Whether when Special Tribunal exists jurisdiction of Civil Courts barred Held, right of redemption common law remedy Act 50 of 1982 ...

13-Dec-1999 Quick Review

(2000) 1 MLJ 213 (Mad) Pradeep and another versus Ramankutty and others Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Interim injunction Grant of Principles for. 29-Oct-1999 Quick Review

(2000) 1 MLJ 177 (Mad) John Britto versus Marie Clare and others Civil Procedure Code (V of 1908), O.41, Rules 23 and 23-A First appeal Appellate court framing additional issues and remanding matter to trial court After retrial by trial court appellate court again framing six more issues and remanding the case for a second time fore re-trial Held, appellate Judge should consider the entire evidence and...

23-Sep-1999 Quick Review

(2000) 1 MLJ 174 (Mad) V. Kaliamoorthy and another versus Assistant Divisional Engineer, (Operation and Maintenance) Tamil Nadu Electricity Board, Vazhapadi (North) Attur Taluk, Salem District and (A) Electricity (Supply) Act (LIV of 1948), Sec.77 Illegal abstraction of energy Respondent officials 12-Aug-1999 conducting Surprise inspection Appellants not put on notice Appellant protesting to authorities Second inspection conducted without giving notice in the presence of a Revenue Inspector Quick Review Procedure held to be proper Appellants need not b...

(2000) 1 MLJ 150 (Mad) Joseph Sam versus Mrs.Kannammal Civil Procedure Code (V of 1908), O.6, Rule 11 Rejection of plaint Suit for declaration that plaintiff perfected her title by adverse possession Defendant filing written statement Issues framed and plaintiff examined in chief Defendant filing application to reject plaint Issue as to title, cannot be decided on basis of the decision of t...

15-Sep-1999 Quick Review

(2000) 1 MLJ 114 (Mad) Periakaruppan Chettiar versus Amirthavalli Achi and others Civil Procedure Code (V of 1908), Sec.115 Defendant challenging valuation of suit Claiming that court fee paid by plaintiff is insufficient Lower Court finding that court fee paid is proper Revision against the order by the defendant Not an aggrieved person Not entitled to file revision Revision not maintainable.

23-Jul-1999 Quick Review

(2000) 1 MLJ 110 (SC) Mukesh Kumar and others versus Col.Harbans Waraiah and others (A) Specific Relief Act (XLVII of 1963), Secs.10, 11 and 20 Defendant manager or kartha of Hindu undivided family consisting of five others entering into an agreement of sale of property Joint family firm in which not all the defendants were partners heavily in debt and had to agree to sell the properties Courts below holding that debts were ...

27-Oct-1999 Quick Review

(2000) 1 MLJ 108 (Mad) Dhanapagiyam . versus Raghava Rao

Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec.25 Civil Procedure Code (V of 1908), Sec.11 Petition for eviction of tenant Tenant coming late to court on date fixed for examination of her witnesses Cases closed Application for reopening case and allowing her to adduce evidence on her side dismissed by Rent Controll...

30-Jul-1999 Quick Review

(2000) 1 MLJ 97 (Mad) M/s.National Insurance Company Limited, Madras versus R.Rani and others (A) Motor Vehicles Act (LIX of 1988), Sec. 173 Motor accident Tribunal awarding compensation to victim Insurance Company filing appeal against award Owner of the lorry, not impleaded appeal, held not maintainable.

4-Aug-1999 Quick Review

(2000) 1 MLJ 90 (SC) Smt.Kamlesh Kohil and another versus Escotrac Finance and Investment Ltd. and others Civil Procedure Code (V of 1908), O.37, Rule 4, O.1, Rule 6, O.8, Rules 5 and 10, O.9, Rule 1 and O.15, Rule 2 Leave to defend Leave to defendant granted to one of the defendants and refused to two others Order, held, cannot be assailed.

5-Oct-1999 Quick Review

(2000) 1 MLJ 89 (SC) Raj Kumar versus Rameshchand and others Mental Health Act (XIV of 1987), Secs.50, 52 and 55 Civil Procedure Code (V of 1908), O. 32, Rule 1 read with Rule 15 Eviction petition filed by a mentally retarded person Application under O. 32, Rules 1 and 15 filed to appoint a guardian and father was appointed guardian Order,held, was correct High Court setting aside such order on gro...

1-Oct-1999 Quick Review

(2000) 1 MLJ 86 (Mad) Chandra and others . versus Emman Illanchizhian and others (A) Civil Procedure Code (V of 1908), Sec.11, O.9, Rule 9 - Res judicata Suit dismissed for default Subsequent suit No materials to show that issue in subsequent suit were directly and substantially in issue in previous suit Previous suit not heard or decided Subsequent suit is not barred by res Judicata.

22-Sep-1999 Quick Review

(2000) 1 MLJ 83 (SC) Hari Singh versus Kanhaiya Lal Civil Procedure Code (V of 1908), Sec.100 (as amended by Act CIV of 1976) Second appeal Interference by High Court in Is possible only when disputed issue raises substantial question of law Petition for eviction under Rent Control legislation on grounds that the tenant sub-let demised premises without the permission of the landlord and comm...

7-Sep-1999 Quick Review

(2000) 1 MLJ 81 (Mad) Mohamad Batcha versus R.Andi Ambalam and others 26-Jul-1999 (A) Limitation Act (XXXVI of 1963), Sec.5 Condonation of delay Principles relating to. Quick Review

(2000) 1 MLJ 63 (SC) Ram Kumar Agarwal and another versus Thawar Dass (Dead) Through L.Rs. (A) Civil Procedure Code (V of 1908), Sec.100 as amended by Act (CIV of 1976) Second appeal Power of High Court in Interference with concurrent findings of fact, held, is not warranted if it involves reappreciation of evidence High Court allowing a mixed question of fact and law to be taken and upsetting the findings of lower courts, held, ...

20-Aug-1999 Quick Review

(2000) 1 MLJ 58 (Mad) Minnal Kodi versus Bharathi Mohan and others (A) Co-owners One of the co-owners allowing a stranger to be in possession of entire property Stranger in possession Denying right of other co-owners Stranger gets title by adverse possession against all co-owners. [Para. 19]

2-Aug-1999 Quick Review

(2000) 1 MLJ 37 (Mad)

Gomathi Ammal versus Kannan Civil Procedure Code (V of 1908), Sec.115 Revision Power of High Court in Scope and ambit of Findings of fact arrived at by statutory authorities not perverse in any manner High Court, will not reappraise evidence and interfere with.

15-Sep-1999 Quick Review

(2000) 1 MLJ 35 (SC) The Industrial Credit and Investment Corporation of India Ltd. and others versus Karnataka Ball Bearings Corporation Ltd. and others Civil Procedure Code (V of 1908), O.40, R.1 Scope of Courts power to direct sale of immovable 31-Aug-1999 property by Receiver prior to decree, held, unfettered Words just and convenient Purport of Circumstances to be taken into consideration before court directs sale of property before decree. Quick Review

(2000) 1 MLJ 28 (SC) State of J. & K. and another versus Dev Dutt Pandit (A) Interest Act (XIV of 1978), Sec.5 Civil Procedure Code (V of 1908), Sec.34 Arbitrator, held was entitled to award interest pendente lite and also future interest. 27-Aug-1999 Quick Review

(2000) 1 MLJ 21 (SC) Karnataka Board of Wakf versus Anjuman-E-Ismail Madris-Un-Niswan (A) Wakf Act (1995), Secs.3(2), 5 and 40 Question whether property is wakf property Determination of Ingredients for. 10-Aug-1999 Quick Review

(2000) 1 MLJ 5 (SC) Sovintorg (India) Ltd versus State Bank of India, New Delhi Consumer Protection Act (LXVIII of 1986), Secs.14 and 17 Civil Procedure Code (V of 1908), Sec.34 Provisions of C.P.C. not specifically made applicable to proceedings under Act Redressal forums, however, held, be award interest on equitable grounds.

11-Aug-1999 Quick Review

(1999) 3 MLJ 778 (Mad) Gnanaprakasam versus Smitha and others Civil Procedure Code (V of 1908), Sec.9 Transfer of Property Act (IV of 1882), Sec.55(2) Boundaries Fixation of Suit for them to plaintiff Defendant resisting fixation of boundary Contending only lessor extent was conveyed to the plaintiff, Suit Maintainable Defendants estopped from contending that they have not conveyed title to ...

9-Aug-1999 Quick Review

(1999) 3 MLJ 761 (Mad) R.Nanthiappan versus Nagappan and others Civil Procedure Code (V of 1908), Sec.115 and O.26, Rule 10 Commissioner appointed by trial court Submitting report Petitioner filing objection Trial court directing Commissioner to revisit suit property to verify various matters Held, the order of the trial court directing the Commissioner to revisit the property is not a case decided...

23-Jul-1999 Quick Review

(1999) 3 MLJ 750 (Mad) H.H.Rijhwani versus N.Venkat Ramani and others Civil Procedure Code (V of 1908), O.39, Rules 1 and 3 Petition for interim injunction Orders passed granting injunction without citing any reason Orders liable to be set aside. 8-Jul-1999 Quick Review

(1999) 3 MLJ 721 (Mad) Narayanaswamy versus Raman (A) Civil Procedure Code (V of 1908), Sec.100 Second Appeal High Courts power under to interfere with concurrent findings of fact Lower courts omission to consider material documents and material portion of the evidence held, as ground for interference.

26-Feb-1999 Quick Review

(1999) 3 MLJ 702 (Mad)

V.Veeraraghavan versus State Bank of India, Mettupalayam Branch, Mettupalayam (A) Limitation Act (XXXVI of 1963), Sec.5 Civil Procedure Code (V of 1908), O.9, Rule 13 Application under Sec.5 for condoning delay in filing petition for setting aside an ex parte decree Court held, may not be justified in taking into consideration merits of the case. [Para. 16]

19-Jul-1999 Quick Review

(1999) 3 MLJ 692 (Mad) M.Velusamy and others versus P.Kandasami and another (A) Adverse possession Person setting up adverse possession must aver in his pleadings as to when his possession commenced He must also plead when he denied the title of the true owner Mere possession is not sufficient to establish adverse possession.

15-Apr-1999 Quick Review

(1999) 3 MLJ 679 (Mad) A.Balakrishnan versus R.Kanagavel Kamaraj and another Specific Relief Act (XLVII of 1963), Sec.38 Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Grant of injunction Plaintiff will have to establish that there is an obligation existing in his favour and that he has a subsisting legal right to enforce Plaintiffs, grandson and legal heirs of Kamaraj, seeking injunction against defendant re...

2-Aug-1999 Quick Review

(1999) 3 MLJ 660 (Mad) G.Nanchil Kumaran versus Govindasamy Reddiar (A) Civil Procedure Code (V of 1908), O.11, Rule 1, proviso and Rule 6 Application for serving interrogatories When may be allowed Relevancy with the issue in question, most important Plaint and written statement disclosing nature of respective partys case Permission to serve interrogatories cannot be granted Relevancy of the interroga...

22-Sep-1999 Quick Review

(1999) 3 MLJ 651 (Mad) Subramaniya Moopanar (died) and others versus R.Sumathi and others 12-Apr-1999 (A) Evidence Act (I of 1872), Sec.65(F) Will Secondary evidence in proof of Admissible. Quick Review

(1999) 3 MLJ 633 (Mad) Parvathi Ammal versus M.Kuppuswamy and another (A) Transfer of Property Act (IV of 1882), Sec.53-A Conditions for invoking section Readiness and willingness to perform a partys part of contract, held can be inferred from circumstances and conduct of the parties First defendant taking possession of vacant land in pursuance of an agreement of sale and putting up a structure Averring in w...

15-Apr-1999 Quick Review

(1999) 3 MLJ 574 (Mad) Muthukaruppan alias Velayutham versus Deivathadiya Pillai, Hereditary Trustee and Poojari of Arulmighu Sree Vembadi Sudalaimadasamy. Sree Petchiamman Temple and Shree Deivathadiya Pillai Tomb Civil Procedure Code (V of 1908), O.12, Rule 6 Scope and applicability Suit for declaration that 3-Aug-1999 the plaintiff is the elder son of fourth defendant Praying that he is entitled to act as hereditary trustee Fourth defendant filing a memo admitting plaintiff is his elder son Application by the plaintiff to Quick Review pronounce judgment on the basis of ...

(1999) 3 MLJ 566 (Mad) The Tamilnadu Electricity Board by its Chairman, rep. by its Superintending Engineer, Tamilnadu Electricity Board, Thanjavur Distribution System, Thanjavur and others versus Shanmuga Engineering College and Shanmuga Polytechnic represented by its Principal, Thirumalai Samudram, Vallam, Thanjavur Electricity Act (IX of 1910), Sec.37 Civil Procedure Code (V of 1908), Sec.9 Plaintiff filing suit: (a) 9-Jun-1999 for a declaration that consumption charges are payable at tariff VII and not tariff IV; (b) for declaration that the show cause notice is illegal and unenforceable; (c) for injunction restraining defendants from Quick Review disconnecting supply; (d) for ...

(1999) 3 MLJ 561 (Mad) Managing Director Pattukottai Azhagiri Transport Corporation, Vellore versus Mrs.Kasturi and others Civil Procedure Code (V of 1908), O.41, Rule 33 Cross-objections Motor Accident case Heirs of victim not filing cross-objection against quantum of compensation awarded Court, held can enhance

25-Jun-1999

the amount even in the absence of cross-objection.

Quick Review

(1999) 3 MLJ 558 (Mad) M.Kandasamy versus U.Baskar Civil Procedure Code (V of 1908), Sec.47 Petition by judgment-debtor praying for resale of property and to postpone delivery of possession Decree holder not made party to application Held: decreeholder is a proper and necessary party Dispute cannot be decided in the absence of decree-holder.

16-Sep-1999 Quick Review

(1999) 3 MLJ 527 (Mad) Mrs.Selvam Dhanapal versus M.K.M.Abdul Salam and another Civil Procedure Code (V of 1908), O.9, Rule 13 Petition to set aside ex parte decree Petitioner contending that since the counsel had died, the matter went uncontested Trial court refusing to set aside decree On revision, held, the trial court had not held that the application to set aside decree was filed with mala fide intentions or to dr...

30-Jul-1999 Quick Review

(1999) 3 MLJ 507 (Mad) Kammavar Sangam through its Secretary, R.Krishnasamy versus Mani Janagarajan Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for declaration and injunction by plaintiff claiming title on basis of oral partition, patta and possession Held, antecedent title shows entire property belongs to defendant except portions given to local fund office Plaintiffs claim based only on devolution of right Mutation of property ...

19-Jul-1999 Quick Review

(1999) 3 MLJ 494 (Mad) Subba Naicker versus Rangaswamy Naicker Civil Procedure Code (V of 1908), O.9, Rule 9 Plaintiff filing suit for declaration, injunction partition and other reliefs Previous suit by plaintiff claiming similar reliefs Held, suit is barred in respect of reliefs prayed for in previous suit Relief of partition though claimed in previous suit not barred.

26-Feb-1999 Quick Review

(1999) 3 MLJ 468 (Mad) A.Henry and another versus St.George Church through its Secretary G.Victor and others (A) Civil Procedure Code (V of 1908), Secs.16 to 20 Scope and applicability Once Sec.16 is applicable, application of Sec.20 is excluded even if part of cause of action arises within the jurisdiction of a court Sec.20 is a residuary clause which applies only when Secs.11 to 19 are not applicable Suit for injunction restraining defendants fr...

22-Feb-1999 Quick Review

(1999) 3 MLJ 465 (Mad) Sellambana Gounder and others versus Sinnia Gounder and others (A) Evidence Act (I of 1872), Sec.35 Suit for declaration of title and injunction Plaintiff producing only patta to prove title Patta, held, cannot be accepted to uphold title. 1-Apr-1999 Quick Review

(1999) 3 MLJ 441 (Mad) Ramasamy Gounder versus Suguna and others Civil Procedure Code (V of 1908), O.21, Rule 32 Suit for injunction restraining defendant from interfering with possession and enjoyment of cart truck Suit decreed Execution court concluding that defendant had violated decree Ordering detention of defendant in civil prison Held, opportunity has to be given to defendant to obey the decree ...

9-Jul-1999 Quick Review

(1999) 3 MLJ 433 (Mad) Suseela and others versus A.S.L.Rajan Civil Procedure Code (V of 1908), Sec.115 Revision Powers of High Court Ambit of Lower Court dismissing suit for not valuing it properly as valuation should have been not in respect of agricultural land but house sites In an earlier suit to which the defendant was party, High Court holding that the suit property was to be valued as land ...

21-Jun-1999 Quick Review

(1999) 3 MLJ 422 (Mad) M/s.Printing Guru and Guru Matches, represented by its Partner, Sakthivel versus Thirupathi Naidu Civil Procedure Code (V of 1908), O.21, Rule 50 Decree-holder serving summons on judgment-

9-Jul-1999

debtor firm represented by partner (petitioner) Petitioner failing to appear in execution court Court ordering personal execution of decree against petitioner Petitioner contending that execution petition has not been properly filed Held, where the s...

Quick Review

(1999) 3 MLJ 404 (Mad) S.Ramakrishnan versus R.M.Subbiah (A) Specific Relief Act (XLVII of 1963), Secs.20 and 22 Discretion to decree specific performance of agreement to sell-Plaintiff must come to court with clean hands with readiness and willingness to complete the sale Held on facts that purchaser was ready and willing to perform his part of the contract and it was only the defendant who evaded t...

28-Jun-1999 Quick Review

(1999) 3 MLJ 386 (Mad) V.M.Subramani and others versus Arulmugu Bhavanarayanasamy Temple represented by its Trustees Civil Procedure Code (V of 1908), O.1, Rule 10 and O.22 Rule 10 Suit for recovery of possession by lessor against lessee Defendants denying title contending that third parties are owners Filing application to implead such third parties Held: the only question in the suit is whether there is a lease Even if the plaintiff has no right over ...

9-Jul-1999 Quick Review

(1999) 3 MLJ 379 (Mad) Gurusamy Gounder versus Muthusamy Gounder and others Civil Procedure Code (V of 1908), O.6, Rule 17 Petition to amend plaint to insert contrary averments in the place of admissions in the plaint amendment cannot be allowed. 9-Jul-1999 Quick Review

(1999) 3 MLJ 338 (Mad) Natarajan versus Natarajan and another Civil Procedure Code (V of 1908), Sec.107 and O.41, Rule 27 Powers of the appellate court, under to issue commission Held, appellate courts power under Sec.107 is discretionary to be exercised in the interest of justice not arbitrarily Commission cannot be issued for second time for same purpose when already there is a Commissioners report acce...

9-Jul-1999 Quick Review

(1999) 3 MLJ 327 (Mad) P.S.A.Rajaguru versus P.S.D.Nagamani Marthandan and others Civil Procedure Code (V of 1908), Secs.22 and 23 Scope Whether transfer petition maintainable when courts territorial jurisdiction challenged by petitioner Held, defendant cannot raise issue of jurisdiction of court and at the same time apply for transfer of case.

19-Jul-1999 Quick Review

(1999) 3 MLJ 315 (Mad) B.A.Rajan alias B.Antony Raj versus Rajapalayam Bhoopalapatti Vishwabramha Kulathavarkalin Uravinmurai Pothunala Fund represented by its Nattanmai, Rajapalayam (A) Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec.18 Power of appellate 19-Jul-1999 authority to receive additional evidence Evidence Act (I of 1872), Sec.13 Held, appellate authority had discretionary power to receive additional evidence Appellate authority has got all powers of Rent Quick Review Controller Determination of the question ...

(1999) 3 MLJ 291 (Mad) Anthony Chellappa versus Victoria Ammal Civil Procedure Code (V of 1908), O.8, Rules 6-A, 6-B and 6-E Plaintiff purchasing suit property subject to mortgage defendant being the last mortgage Filing suit for redemption depositing mortgage amount in court Defendant filing counter claim stating that he had made certain improvements to the property, plaintiff being ultimate beneficiary...

19-Jul-1999 Quick Review

(1999) 3 MLJ 220 (Mad) T.V.Ramalingam and Sons., Yarn Merchants, Madurai and another versus The Tiruchendur Cooperative Spinning Mills Ltd., Nazareth, by its Managing Director, Tiruchendur Taluk (A) Civil Procedure Code (V of 1908), Secs.19 and 20 Suit on sale of goods Contract initiated at 11-Jun-1999 Madurai Respondents mills at Nazarath Defendants/appellants at Madurai suit filed at Madurai Whether Sec.19 or 20 would apply Held, Sec.19 would apply to the case Distinction between Quick Review Secs.19 and 20 discussed Suit held, instituted in th...

(1999) 3 MLJ 216 (Mad) Subramanian and others versus Jayaraman Civil Procedure Code (V of 1908), O.8, Rule 9 Scope Application to grant leave to file additional written statement containing plea of res judicata and estoppel Court to take lenient view in granting leave Only if defendants introduce entirely different case in additional written statement so as to prejudice the other side, their applicatio...

13-Jul-1999 Quick Review

(1999) 3 MLJ 211 (Mad) Sagayaraj and others versus J.Therasa Civil Procedure Code (V of 1908), Secs.151 and 152 Suit for specific performance of agreement of sale decreed E.P. by plaintiff for delivery of property 2nd petitioner in possession of property contending that decree not binding on him as no direction in decree against him E.A. by plaintiff for amendment of decree to include 2nd petitioner ...

21-Jun-1999 Quick Review

(1999) 3 MLJ 168 (Mad) Easwaran versus T.K.Venkatachalam and others Transfer of Property Act (IV of 1882), Sec.52 Civil Procedure Code (V of 1908), Secs.47, 144 and 151 Doctrine of Lis pendens Applicability Suit property purchased by money decree court auction purchaser/respondent Same property purchased by mortgage decree court auction purchaser later Money decree auction purchaser not a party to the...

9-Oct-1998 Quick Review

(1999) 3 MLJ 147 (Mad) Managing Director Thanthai Periyar Transport Corporation, Villupuram versus Sundari Ammal and others Motor Vehicles Act (IV of 1939), Sec.110-D Civil Procedure Code (V of 1908), O.41, Rule 33 Motor 23-Jun-1999 accident Claim for compensation made Orders passed by tribunal Appeal filed by Transport Company Cross-objection not filed by claimants High Court, held, can enhance compensation Quick Review amount even in absence of cross-objection.

(1999) 3 MLJ 132 (SC) Budhia Swain and others versus Gopinath Deb and others. (A) Civil Procedure Code (V of 1908), Sec.151 Recalling judgment or order made earlier Powers of tribunal or Court Conditions for. 7-May-1999 Quick Review

(1999) 3 MLJ 127 (SC) Arumugham (Dead by Lrs.) and others versus Sundarambal and another (A) Civil Procedure Code (V of 1908), Sec.100 Second Appeal Power of High Court to interfere with judgment of first appellate court High Court cannot interfere on mere ground that lower appellate court did not advert to the reasoning of the trial court First appellate court, held, can consider the evidence adduced by the parties and give it...

29-Apr-1999 Quick Review

(1999) 3 MLJ 122 (Mad) Indian Cotton Mills Federation Export Incentive Department, Bombay versus Transworld Trading Corporation, represented by Partner Shri Kanhaiyalal Chandak and another (A) Limitation Act (XXXVI of 1963), Sec.18 Acknowledgement Union Government 1st defendant 22-Mar-1999 declaring an incentive of 15% of export value of goods to be paid to exporters through Indian Cotton Mills Federation, 2nd defendant Incentive to be paid by 2nd defendant out of same provided by 1st Quick Review defendant Incentive amounts not being released, inc...

(1999) 3 MLJ 104 (SC) Bina Murlidhar Hemdev and others versus Kanhaiyalal Lokram Hemdev and others (A) Transfer of Property Act (IV of 1882), Sec.3 Notice Buyer purchasing property belonging in part to another and not to the seller Cannot tell the real owner that he was under the impression that somebody had purportedly sod their right to him Unregistered partnership firm between Group S and group J purchasing land for developing and s...

14-May-1999 Quick Review

(1999) 3 MLJ 83 (Mad) Adammal and others versus Poosari Vellaya Gounder and others

Civil Procedure Code (V of 1908), O.26, Rule 10(3) Appointment of second Commissioner Condition for Court must feel that earlier report is unsatisfactory.

16-Apr-1999 Quick Review

(1999) 3 MLJ 74 (Mad) B.R.Shamala and B.R.Shyamala Devi and another versus Kundan S.Bhayaani and others (A) Registration Act (XVI of 1908), Secs.17 and 49 Mortgage by deposit of title deeds Document acknowledging handing over of certain documents earlier and asking the other party to keep from by way of collateral security for the repayment of amount borrowed Document, held, is not the basis of the mortgage transaction and does not require regi...

30-Apr-1999 Quick Review

(1999) 3 MLJ 62 (SC) Pawan Kumar Gupta versus Rochiram Nagdeo (A) Civil Procedure Code (V of 1908), Sec.11 Res judicata A mere finding on any incidental question to reach a decision will not operate as res judicata Plaintiffs suit for eviction of tenant dismissed on tenant depositing arrears of rent Defendants contention that plaintiff was not real owner of property, negatived Decree, held was not...

20-Apr-1999 Quick Review

(1999) 3 MLJ 51 (Mad) M/s.KRM. Money Lenders represented by its Power Agent, Karuppiah versus A.Manoharan alias Doss Partnership Act (IX of 1932), Sec.69(2) Civil Procedure Code (V of 1908), O.7, Rule 1 Suit by power agent of plaintiff firm for declaration of right and title to suit properties and for possession dismissed in appeal Second appeal by 9th defendant only Whether suit instituted by partnership firm hit by Sec.69(2) and so, not maintainable W...

15-Apr-1999 Quick Review

(1999) 3 MLJ 47 (Mad) P.P.Srinivasa Battachariar versus Paramasivam and others Civil Procedure Code (V of 1908), O.39, Rule 1 Transfer of Property Act (IV of 1882), Sec.53-A Scope Suit for permanent injunction by plaintiff/buyer in possession on basis of sale agreement Whether Lower appellate Court right in refusing relief of injunction when plaintiff is in possession Held, plaintiff got possession from person who h...

6-Jan-1999 Quick Review

(1999) 3 MLJ 47 (SC) R.Rathinavel Chettiar and another versus V.Sivaraman and others Civil Procedure code (V of 1908), O.23, Rules 1 and 1-A Withdrawal of suit at appellate stage Effect of Would destroy or nullify decree affecting rights of parties vested under the decree Withdrawal, held should not be allowed unless very strong reasons are shown that such withdrawal would not affect or prejudice anybodys vested rights D...

31-Mar-1999 Quick Review

(1999) 3 MLJ 43 (SC) Nazim Ali and others versus Anjuman Islamia Chhatarpur and others Civil Procedure Code (V of 1908), Sec.11 Scope Applicability Suit for declaration and possession of property Badi Takia Three suits filed one after the other First suit for declaration possession and damages by appellants claiming to be owners of property Badi Takia decreed Second suit by respondents for recovery of sums for repairs...

10-Feb-1999 Quick Review

(1999) 3 MLJ 38 (SC) Sree Jain Swetamber Terapanthi Vid (S) versus Phundan Singh and others Civil Procedure Code (V of 1908), O.39, Rule 1 School run by society Managing Committee members expelled and headmaster dismissed from service Suit by society for declaration and injunction restraining expelled members and headmaster from entering into school premises Injunction granted by trial court On appeal, order set aside by High Co...

9-Feb-1999 Quick Review

(1999) 3 MLJ 8 (SC) Salimbhai Mukhtar Jaferbhai Chimthanawala versus Amiruddin, S/o.Hasan Noorani and another Civil Procedure Code (V of 1908), Sec.11 and O.40, Rule 3(b) Public trust Private person filing application before Registrar to enter a trust under the M.P. Public Trusts Act as a public trust Application rejected Civil suit filed Suit dismissed saying that applicant has no locus standi Appeal allowed and Trust held to be public trust ...

10-Feb-1999 Quick Review

(1999) 2 MLJ 767 (Mad) Sambasiva Chettiar versus Revenue Divisional Officer, (Land Acquisition), Tirupattur, Vellore Distirct Land Acquisition Act (I of 1894 as amended by Act XVI of 1997), Sec.23-A Civil Procedure Code (V of 1908), O. 41, Rule 5(2) Land acquisition Compensation ordered by trial court Appeal against, by Government No stay of execution Claimant seeking to withdraw monies deposited in court Trial court refusing permission In revision Held: ...

25-Nov-1998 Quick Review

(1999) 2 MLJ 735 (Mad) M.M.S.Abdul Wahab versus A.P.Abdul Hameed and others Civil Procedure Code (V of 1908), Secs.96(1) and 115 Parties filing application in scheme suit for appointment of trustees to a wakf Rights of parties as to who may or may not be trustees decided in application Final orders passed in suit Scheme limiting right of parties and permitting filing of revisions only Aggrieved parties filing rev...

16-Apr-1999 Quick Review

(1999) 2 MLJ 725 (Mad) Gangabai Ammal versus S.Kalyanasundaram Civil Procedure Code (V of 1908), Sec.47 and O.21, Rule 58 Legal representative of obstructor filing petition under Sec.47 Withdrawing same Reserving right for himself to file proceedings under O.21, Rule 58 No permission obtained from executing court Held, application under O.21, Rule 58 is an abuse of process of court and is barred.

22-Feb-1999 Quick Review

(1999) 2 MLJ 690 (Mad) S.Ramasamy and others versus The State of Tamil Nadu represented by its Collector, Kanyakumari District at Nagercoil and another Civil Procedure Code (V of 1908), O.1, Rule 10 Proper and necessary parties Suit for declaration 8-Feb-1999 and recovery of possession of land and for permanent injunction Plaint schedule property surrounded on all sides by Reserve Forest Land Relief claimed against State State properly Quick Review represented by District Collector Whatever records were requi...

(1999) 2 MLJ 658 (Mad) Mohammed Sheriff (died) and others versus Tamil Nadu State Wakf Board, represented by its Secretary, Madras 12-Feb-1999 (A) Civil Procedure Code (V of 1908), O.11 Res judicata Judgment in previous case reciting averments in plaint Pleadings cannot be said to have been proved. Quick Review

(1999) 2 MLJ 656 (Mad) Dheeran Chinnamalai Transport Corporation Limited, Tiruchirapalli versus Donald Vassou and others Civil Procedure Code (V of 1908), O.41, Rule 33 Scope Compensation awarded in Motor Accident case Award challenged by owner of which Other side not filing any any cross appeal or cross objection High Court, held, has power to enhance amount of compensation.

16-Apr-1999 Quick Review

(1999) 2 MLJ 606 (Mad) Arockia Annai Rotary and Flour Mills by its owner Arockiasamy versus State Bank of India, Alangudi Branch, rep. by its Branch Manager, Alangudi Taluk, Pudukottai District Civil Procedure Code (V of 1908), O.21, Rule 18 Applicability Rule will apply only when both 23-Apr-1999 parties in cross-decree filed execution petitions at the same time Both decrees should be money decrees. Quick Review

(1999) 2 MLJ 585 (Mad) P.Natesa Achar and another versus Parasamaya Kolerinatha Madam, Tirunelveli, through its Head Sri Sivashanmuga Gnanacharya Guruswamigal 29-Apr-1999 (A) Civil Procedure Code (V of 1908), Sec.92 Scheme decree in suit filed under Is a judgment in rem and is binding on all. [Para. 18] Quick Review

(1999) 2 MLJ 572 (Mad) P.Dhanapal versus P.Nagiah

Civil Procedure Code (V of 1908), Sec.60(1)(g) Scope and applicability O.21, Rule 97 read with Sec.151 Scope Suit by petitioner for recovery of money due from respondents Application for interim attachment of sum lying to the credit of the defendant bank account Allowed but interim attachment stayed Suit decreed, interim attachment ma...

28-Apr-1999 Quick Review

(1999) 2 MLJ 563 (Mad) Rajiah Nadar versus Manonmani Ammal (A) Civil Procedure Code (V of 1908), Sec.100 Scope of Second appeal Jurisdiction of High Court in Terms question of law and substantial question of law will include question of facts Appellate Court cannot interfere with findings of trial court unless there are strong and compelling reasons.

13-Jan-1999 Quick Review

(1999) 2 MLJ 561 (Mad) Jayaraman versus Lalitha and others Civil Procedure Code (V of 1908), Sec.10 Applicability Husband of first respondent, kept in police custody Not produced in court even after direction to said effect by court Court order to State Government to pay interim compensation to respondents not precluding respondents from bringing suit to remove from State Suit by plaintiffs/respo...

30-Jan-1999 Quick Review

(1999) 2 MLJ 548 (Mad) K.Subramaniam Naidu versus T.N.Rajendran Civil Procedure Code (V of 1908), Sec.100 Second appeal Concurrent findings of fact, if and when can be interfered with Plea of limitation acted by defendant in written statement Not considered by lower appellate court Finding not based on legal evidence High Court, held, will interfere in the findings.

3-Mar-1999 Quick Review

(1999) 2 MLJ 526 (Mad) L.Manoharan and others versus A.Ramathilagam and another Civil Procedure Code (V of 1908), O.26, Rule 9 Commissioner appointed on I.A. being filed by defendants But I.A. closed because Commissioner could not carry out survey because suit land full of rain water Another I.A. by defendants dismissed on ground that description of property not given, also since earlier I.A. was closed Held, dismissal...

2-Feb-1999 Quick Review

(1999) 2 MLJ 521 (Mad) K.Balu and others versus Madasamy and others Civil Procedure Code (V of 1908), Sec.10 Stay of suit Effect of Order does not take away power of Court to make interlocutory order Suit stayed Petitioner moving application for injunction seeking some urgent reliefs Court, held, has to see whether there is a bar for entertaining application Returning application to the petitioner, he...

27-Jan-1999 Quick Review

(1999) 2 MLJ 514 (Mad) Vasantha Ammal and others versus Narasimha Naidu Civil Procedure Code (V of 1908), O.22, Rule 5 Bringing legal representative of deceased plaintiff on record Enquiry for Scope of. 9-Nov-1998 Quick Review

(1999) 2 MLJ 450 (Mad) Hathija Rani and others versus S.Nasira Babu and another Civil Procedure Code (V of 1908), O.6, Rule 17 Plaintiff seeking to amend plaint Held plaintiff can alter description of property and also location and nature of property Amendment is subject only to the law of limitation.

4-Dec-1998 Quick Review

(1999) 2 MLJ 398 (Mad) Gnanaprakasa Mudaliar and others versus B.Anandathandavan and others Civil Procedure Code (V of 1908), O.20, Rule 18 Partition suit Application for mesne profits after passing of final decree Whether maintainable Held, it is not open to parties to claim relief of mesne profits beyond the date of final decree, unless final decree provides for such relief.

16-Mar-1999 Quick Review

(1999) 2 MLJ 395 (Mad) Alagar alias Savugan, S/o.S.Raman and another versus A.Baluchami, S/o.Alagar and another Constitution of India (1950), Art.227 Civil Procedure Code (V of 1908), Sec.115 Suit for permanent prohibitory and mandatory injunction Application for amendment of plaint dismissed Review petition by plaintiffs allowed but amendment application simultaneously dismissed Held, when review is allowed, main application should be restored and...

11-Feb-1999 Quick Review

(1999) 2 MLJ 385 (Mad) Jagadeesa Gounder versus Rukmani Ammal and another Civil Procedure Code (V of 1908), O.34, Rule 18 Plaintiff purchasing equity of redemption Subsequent suit on a promissory note Suit property sold in court auction and mortgagee purchasing the equity of redemption Plaintiff not party to execution proceedings Plaintiff suing for possession Held, plaintiff not being party to court auction ...

11-Nov-1998 Quick Review

(1999) 2 MLJ 360 (Mad) Esanya Madalayam Religious Institution owned by Koviloor Muthuramalingam Gnana Desigar Madalayam represented by its Madathipathi Sri-la-Sri Nachiappa Gnanadesiga Samigal versus Tiruvannamalai Sevasramam Educational Trust, represented by its Secretary, Dr.D.Subbarayan Civil Procedure Code (V of 1908), O.23, Rule 1(3)(b) Scope Two suits by plaintiff against 6-Apr-1999 defendant for permanent injunction when defendant in possession Application by petitioner for leave to withdraw both suits with liberty to file a fresh comprehensive suit Whether leave would be Quick Review granted only if there is formal defect in such application...

(1999) 2 MLJ 355 (Mad) S.Venkatachalam and another versus Subbiah and others Civil Procedure Code (V of 1908), Sec.24 Suit for partition by father of petitioners against other cosharers Petitioners, then minors not party to suit Suit decreed as compromised and execution petition filed by defendants Execution petition pending Petitioners now majors filing fresh suit for partition Filing petition for transfer of ...

3-Mar-1999 Quick Review

(1999) 2 MLJ 343 (Mad) S.K.S.Rajamani Nadar and another versus Tuticorin Small Scale Salt Manufacturers Association, through its Secretary, M.S.Arunachalam, Tuticorin and another (A) Civil Procedure Code (V of 1908) as amended by Act (104 of 1976), O. 21, Rule 90, Proviso 9-Mar-1999 Property sold in court auction Entire sale consideration deposited Judgment-debtors seeking to set aside sale Also seeking to dispense with furnishing of security Petitions dismissed by trial court Quick Review In revision, petitioners contending that Provi...

(1999) 2 MLJ 277 (Mad) Moderator, Church of South India, C.S.I. Centre, Chennai and others versus J.S.Kingsley, for himself and on behalf of members of the C.S.I. Vellore Diocese, Vellore and others Civil Procedure Code (V of 1908), Sec.151 Constitution of India (1950), Art.227 Abuse of process 12-Feb-1999 of court Suit by Bishop (2nd respondent challenging Resolution of Synod Committee, asking Bishop to go on leave for 6 months Suit withdrawn by 2nd respondent, on his failure to get interim order of Quick Review injunction Present suit on same cause of acti...

(1999) 2 MLJ 260 (Mad) D.Thomas versus N.Thomas and others Tamil Nadu Prohibition Act (X of 1937), Sec.56 Civil Procedure Code (V of 1908), Sec.9 Suit for permanent prohibitory injunction to restrain petitioner and first defendant from starting or conducting liquor shop Whether civil courts jurisdiction ousted by Sec.56, Tamil Nadu Prohibition Act Held, to prevent a person from committing nuisance...

12-Feb-1999 Quick Review

(1999) 2 MLJ 251 (Mad) S.Ravindra Reddy versus K.Veerabhadrachari (A) Civil Procedure Code (V of 1908), Sec.148 Suit decreed ex parte Petition to set aside decree allowed conditionally on payment of cost Petition to extend time for payment of cost allowed Cost not deposited even on extended date Subsequent petition to pay cost beyond extended date Allowed by trial court and further time granted. Plain...

13-Oct-1998 Quick Review

(1999) 2 MLJ 238 (Mad) The Deputy Manager, Disciplinary Authority, Oriental Insurance Co. Ltd., Regional Office, United India Life Building, Chennai and another versus K.Veerasamy Civil Procedure Code (V of 1908), O.39, Rules 1 and 3 Applications for injunction filed Interim 5-Feb-1999 injunction granted with words Heard, documents persued Ad-interim injunction granted Notice O.39, Rule 1 and 3 to be complied with Order, held does not satisfy legal requirements Order set Quick Review aside.

(1999) 2 MLJ 232 (Mad) R.Selvaraj versus State of Tamil Nadu and another (A) Civil Procedure Code (V of 1908), Sec.11 Res judicata Constitution of India (1950), Art.226 Writ proceedings under Decision, in held will be res judicata in subsequent suit. 27-Jan-1999 Quick Review

(1999) 2 MLJ 228 (Mad) Vishanji D.Futnani versus Mohanlal Futnani alias Mohanlal D.Futnani and another Civil Procedure Code (V of 1908), O.26, Rule 1 Commission, issue of Held issue of commission must be based on clinching and appropriate evidence, seriousness of illness, condition of patient and consequences of travelling Medical certificate unsupported by doctors evidence admissible in evidence But court cannot act on it unless it contain...

26-Nov-1998 Quick Review

(1999) 2 MLJ 205 (Mad) K.A.Balasubramania Iyer versus Lakshminarayana Iyer and others (A) Hindu Law Temple managed by three distinct families Performing worship Properties dedicated to temple Widow belonging to one branch performing pooja through nominees Executing settlement rights regarding pooja and properties in 1930 Contention that as per the then existing law, a Hindu widow cannot execute a settlement of this natur...

4-Mar-1999 Quick Review

(1999) 2 MLJ 165 (Mad) Thangamani versus Krishnan (A) Tamil Nadu Buildings (Lease and Rent Control) Rules (1974), Rule 22 Petition for eviction of tenant dismissed by Rent Controller Appeal filed Notice of appeal served by publication in newspapers Such publication being not contemplated by Rules, notice, held not served.

8-Feb-1999 Quick Review

(1999) 2 MLJ 162 (Mad) K.Lakshmi and others versus V.Ganesan Civil Procedure Code (V of 1908), O.40, Rule 1 Appointment of receiver Plaintiff, if he succeeds in suit, will be entitled to half share in the second item of properties or have one-fourth share in both the items Requirements for appointments of receiver formulated in Krishnaswamy Chetty v. C.Thangavelu Chetty, A.I.R. 1955 Mad. 430, not estab...

15-Feb-1999 Quick Review

(1999) 2 MLJ 159 (Mad) P.Selvaraj and another versus P.Swamy Nadar and others (A) Civil Procedure Code (V of 1908), Sec.100 Second appeal Concurrent findings of fact interference with practice. 28-Jan-1999 Quick Review

(1999) 2 MLJ 151 (Mad) The Tamil Nadu Electricity, Thanjavur Electricity System represented by Superintending Engineer versus Chandra Chakrapani Civil Procedure Code (V of 1908), O.39, Rule 1 Electricity Departments finding that plaintiffs 4-Nov-1998 theatre used more load than sanctioned Provisional assessment made Suit for permanent injunction by plaintiff against order Whether plaintiff entitled to relief of permanent injunction Quick Review Whether suit maintainable Held, the plaintiff, if aggriev...

(1999) 2 MLJ 114 (SC) M/s.Industrial Credit and Development Syndicate now called I.C.D.S. Ltd. versus Smt.Smithaben H.Patel and others (A) Contract Act (IX of 1872), Secs.59 to 61 Scope and applicability Sections refer to several 10-Feb-1999 distinct debts payable by a person and not to various heads of one debt.

Quick Review

(1999) 2 MLJ 110 (SC) Savitri Devi versus District Judge, Gorakhpur and others Civil Procedure Code (V of 1908), O.1, Rule 10 Object of Suit by another for decree for maintenance and for creation of charge over ancestral property Interim order of injunction passed against sons from alienating the properties pending suit First defendant (one of the sons) selling some of the properties to strangers Strangers filing ap...

18-Feb-1999 Quick Review

(1999) 2 MLJ 105 (SC) Kondiba Dagadu Kadam versus Savitribai Sopen Gujar and others Civil Procedure Code (V of 1908), Sec.100 after amendment by Act CIV of 1976) and proviso Second appeal under Can be filed only if a substantial question of law is involved High Court must satisfy itself regarding the existence of such question It has to formulate the question High Court however, can hear an appeal on a substantial point ...

16-Apr-1999 Quick Review

(1999) 2 MLJ 100 (Mad) Radhakrishnan versus Vetri Velayuthasami (A) Civil Procedure Code (V of 1908), Sec.115 Revision Jurisdiction of High Court Finding of lower court based on evidence and appreciation of materials placed before it High Court, held, cannot interfere.

7-Jan-1999 Quick Review

(1999) 2 MLJ 98 (SC) Smt.Sukhdei (died) by Lrs. versus Bairo (dead) and others Civil Procedure Code (V of 1908), O.6, Rule 4 Allegation of fraud Pleading and proof Written statement alleging that krayanama was not voluntarily signed by the seller, that fraud was practised upon her regarding the execution, that plaintiff being a lawyer and money lender agreed to advance the loan desired by the seller against hypothecatio...

9-Apr-1999 Quick Review

(1999) 2 MLJ 85 (SC) Jagdish Dutt and another versus Dharam Pal and others Civil Procedure Code (V of 1908), Sec.47 and O.21, Rule 15 Joint decree passed in favour of joint family Execution of Judgment-debtors purchasing undivided share of one of the co-parceners Decree can be executed only as a whole It can be executed in part only where shares of the decreeholders are defined or can be predicted or if share i...

12-Apr-1999 Quick Review

(1999) 2 MLJ 61 (Mad) Varadaraju versus C.Muthusamy Civil Procedure Code (V of 1908), Sec.96 and O.17, Rules 2 and 3 Plaintiff present in court but not ready to conduct trial So suit by him for permanent injunction dismissed for non-prosecution of case Whether appeal against the order maintainable Held, an appeal is provided only against a decree Plaintiffs merely being present in court not...

6-Jan-1999 Quick Review

(1999) 2 MLJ 54 (Mad) A.Aruldoss and another versus J.V.S.Sivamani and others Civil Procedure Code (V of 1908), O. 1, Rules 10 and Sec.11 Scope Revision petitionersdefendants 28 and 29 in the suit Suit as against them dismissed for non-payment of batta by plaintiff I.A. by revision petitioners to implead them dismissed Whether suit as against defendants 28 and 29 could be dismissed for non-payment of batta Wheth...

4-Dec-1998 Quick Review

(1999) 2 MLJ 49 (SC) Dwaraka Das versus State of Madhya Pradesh and another (A) Civil Procedure Code (V of 1908), Sec.152 Scope Corrections as stipulated in Sec.152 one for correcting accidental omissions or mistakes Cannot be used to correct intentional omissions Section does not contemplate passing of effective judicial orders after judgment, decree or order.

10-Feb-1999 Quick Review

(1999) 2 MLJ 39 (SC)

The Executive Officer, Arthanareeswar Temple versus R.Sathyamoorthy and others Civil Procedure Code (V of 1908), O.23, Rule 1 Petition by hereditary trustees to sell temple properties by hereditary trustees to sell temple properties Dismissed since trust deed prohibited sale Revision dismissed but review allowed Deputy Commissioner, H.R. & C.E. applying for impleadment No orders passed Sale conducted But sale no...

9-Feb-1999 Quick Review

(1999) 1 MLJ 747 (Mad) M.Nazruddin versus The Idol of Arulmigu Navaneedha Krishnasami and Durgai Amman Vahaira Temples, represented by Trustees and others Civil Procedure Code (V of 1908), O.21, Rule 26 Scope Ex parte decree passed Execution 16-Nov-1998 petition filed Judgment-debtor filing petition to stay execution petition pending orders on his application for setting aside ex parte decree and for condonation of delay Executing court to the Quick Review transferor court, held, had power to stay execution.

(1999) 1 MLJ 730 (Mad) S.Subramanian versus Saraswathiammal and others Civil Procedure Code (V of 1908), O.41, Rule 31 Points for determination in appeal suit Lower Appellate Court framing point as to whether the judgment in the suit is proper No other point framed for consideration Held, provisions of O.41, Rule 31 are mandatory and non-compliance is not a mere irregularity Matter remanded to first appell...

13-Nov-1998 Quick Review

(1999) 1 MLJ 625 (Mad) H.M.Noordeen versus J.M.Sultan and others 12-Dec-1998 (A) Civil Procedure Code (V of 1908), O.23, Rule 3 Judgment by consent Creates an estoppel. Quick Review

(1999) 1 MLJ 616 (Mad) Union of India represented by Divisional Railway Manager, Southern Railway, Tiruchirappalli and another versus E.Udhaya Kumar (A) Contract Act (IX of 1872), Sec.73 Tender for purchase and renewal of order Offer of plaintiff 23-Oct-1998 accepted Plaintiff depositing earnest money of Rs.20,000 Before acceptance letter received by plaintiff, plaintiff withdrawing from the contract In the absence of evidence of actual damages or loss Quick Review sustained by defendants, earnest money held,...

(1999) 1 MLJ 606 (Mad) M.Venkammal versus Rathina Udayar and another Civil Procedure Code (V of 1908), Sec.9 Practice and Procedure Plaintiff not entitled to take advantage of the weakness in the case of the defence Plaintiff must prove his case on basis of his/her documents of title. [Para. 11]

4-Nov-1998 Quick Review

(1999) 1 MLJ 601 (Mad) S.Rajarathinam versus Seeni Ammal and others Civil Procedure Code (V of 1908), O.26, Rule 10(a) and Sec.151 Sending original records in the custody of the court to Tamil Nadu Forensic Science Laboratory for comparison of signature or thump impressions Original documents, held cannot be sent out of court for the reason that there is likelihood of the record being lose. [Para. 9]

2-Dec-1998 Quick Review

(1999) 1 MLJ 594 (Mad) Sundararajan versus Jhansi Rani, W/o.Kesava Murthi, Paraman Thottam Jambumadai Village, Musiri Taluk, Trichy District, and others Civil Procedure Code (V of 1908), O. 7, Rule 1 Civil practice Respondents filing suit for injunction 22-Dec-1998 Details of earlier pending suit between parties not mentioned in plaint Petitioner alleging that respondents have not come to court with clean hands Held, on merits, non-mention of earlier suit has Quick Review no bearing in this case Hence, it canno...

(1999) 1 MLJ 580 (Mad) Beton Tile Company, Chennai and others versus Indcen Structural (P) Ltd., represented by its Director, D.P.Devanth, Chennai

Trade and Merchandise Marks Act (XLIII of 1958), Sec.27 Civil Procedure Code (V of 1908), O.39, Rule 1 Respondents claiming to manufacture Tiles with special features Petitioners also manufacturing similar product Respondent praying for injunction to restrain petitioners Allowed by trial court On appeal, interim orders of injunction set...

23-Nov-1998 Quick Review

(1999) 1 MLJ 529 (Mad) K.P.Mahalingam and another versus Arulmighu Varadharajaperumal Koil, Kalvadangam, Sankari Taluk, Salem District and others 14-Oct-1998 (A) Civil Procedure Code (V of 1908), O.1, Rule 10 Proper and necessary parties to suit Decision on Test for Convenience is not the test. Quick Review

(1999) 1 MLJ 501 (Mad) Venkatamma and another versus Chandra and others Civil Procedure Code (V of 1908), O.6, Rule 17 Suit filed for relief of declaration that plaintiff was entitled to suit property and for permanent injunction restraining defendant from trespassing into the property After filing of suit, defendant trespassing into suit property and dispos- sessing plaintiff Plaintiffs application to amend the ...

7-Oct-1998 Quick Review

(1999) 1 MLJ 480 (Mad) Marimuthu versus Savarimuthu and others Civil Producer Code (V of 1908), Sec.9 Suit by plaintiff to declare that the defendant is not a scheduled caste person Plaintiffs not claiming relief for themselves Held, such a sit is not maintainable.

12-Nov-1998 Quick Review

(1999) 1 MLJ 437 (Mad) A.Fathima Fareedunnissa versus T.A.H.Zubaida Ummal and others (A) Civil Procedure Code (V of 1908), O.40, Rule 1 Advocate receiver removed by court suo motu Another appointed in his place Trial court giving reasons for removal of receiver Held, such an order cannot be said to be without jurisdiction or without basis.

17-Nov-1998 Quick Review

(1999) 1 MLJ 392 (Mad) Rev.Noble Gambeeran and others versus Peter P.Ponnan for himself and as representative of members of C.S.I. Christian Community (A) Civil Procedure Code (V of 1908), O. 1, Rule 8 Sec.26 Suit against Diocese Plaintiff not 9-Nov-1998 obtaining permission to institute suit against Diocese contending that by laws of the Church provide for Honorary Secretary to represent church Held, church is an un-incorporated body and not a legal Quick Review person Suits cannot be instituted if there is...

(1999) 1 MLJ 369 (Mad) The Member-Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai and another versus H.P.Mohammed Madar (A) Arbitration and Conciliation Act (XXVI of 1996), Sec.11 Madras High Court circular 3-Sep-1998 R.O.C.No.608-A/96. F1, dated 20.2.1996 Respondent licencee in respect of parking lot in Koyambedu market Licence period expiring Respondent moving trial court for appointment of arbitrator Quick Review Held, only the Chief Justice or any person or institution desi...

(1999) 1 MLJ 368 (Mad) Arumugham versus Subba Gounder and another Civil Procedure Code (V of 1908), O.21, Rule 86 Auction purchaser not paying balance of sale certificate fees Praying for return of deposit Lower court ordering that deposit be forfeited to Government Held, courts are under an obligation to decide while exercising discretionary powers Whether reason for non-payment of sale certificate fee...

21-Sep-1998 Quick Review

(1999) 1 MLJ 360 (Mad) M.Subramania Mudaliar versus K.Janardhanam and another (A) Civil Procedure Code (V of 1908), O.1, Rule 10 Necessary Parties Petitioner auction purchaser of rights title and interests of defendants 1 to 3 Petition for impleading legal representatives of defendants 1 to 3 Petitioner, held, has to be impleaded.

13-Oct-1998 Quick Review

(1999) 1 MLJ 355 (Mad) Avvai Home versus Arulmighu Arunachaleswarar Devasthanam, Thiruvannamalai, represented by its Executive Officer/Assistant Commissioner 17-Nov-1998 (A) Civil Procedure Code (V of 1908), Sec.2(2) Decree Order marking certain documents without determining a right and without adverting to a question, cannot be a decree. Quick Review

(1999) 1 MLJ 348 (Mad) A.M.Murugesan and others versus E.K.Palanisamy Civil Procedure Code (V of 1908), O.47, Rule 1 Revision petition against an order of ad interim injunction allowed Special leave petition filed in Supreme Court against that order dismissed in limine Dismissal order, held, operates as final order between the parties Review petition against such order held, cannot be entertained.

31-Aug-1998 Quick Review

(1999) 1 MLJ 341 (Mad) R.Asokan versus P.Muthusamy and others Civil Procedure Code (V of 1908), O.23, Rule 1(1) Withdrawal of suit Plaintiff has no absolute right to withdraw suit ignoring the other shareholders Suit for partition against 1st defendant and some others Plaint admitting share of 1st defendant 1st defendant filing written statement claiming share and paying court fees Plaintiff giv...

11-Nov-1998 Quick Review

(1999) 1 MLJ 324 (Mad) P.Chenchu Ramiah versus A.M.Noohu Nachia and another (A) Partnership Act (IX of 1932), Sec.19 Scope Section does not envisage a case of one partner liquidating business of the firm A partner cannot put an end to the lease when such lease is not an asset of the firm.

30-Oct-1998 Quick Review

(1999) 1 MLJ 316 (Mad) The Bank of Rajasthan Limited, represented by its Chief Manager, Bhagwandas, Bangalore versus Transocean Bulk Carriers Ltd. represented by Crown Shipping Co. and others Civil Procedure Code (V of 1908), Sec.107, O.1, Rule 10, O.22, Rule 10 Impleading of parties at 17-Nov-1998 appellate stage Party in whose favour an agreement is made, whether a proper or necessary party Assignment does not automatically give right to get impleaded Test for impleadment Claim set up Quick Review by intervener has no nexus with lis Cannot be impl...

(1999) 1 MLJ 296 (Mad) Ilamurugan versus Subramaniam Civil Procedure Code (V of 1908), Secs.10 and 151 Plaintiff instituting suit for injunction against defendant Subsequently filing appeal challenging entry that the defendant is a cultivating tenant under the record of Tenancy Rights Act Praying that his suit be stayed Held Civil Court has ample jurisdiction to grant stay to meet the ends of...

17-Sep-1998 Quick Review

(1999) 1 MLJ 250 (Mad) Gopala Gounder versus Kasi Ammal and another (A) Hindu Adoptions and Maintenance Act (LXXVIII of 1956), Secs.20 and 21 Hindu Marriage Act (XXV of 1955), Sec.16 Illegitimate child born of a void marriage entitled to maintenance. 2-Nov-1998 Quick Review

(1999) 1 MLJ 239 (Mad) R.Thulasidoss versus Rani alias Rajalakshmi and others Civil Procedure Code (V of 1908), O.21, Rule 97 Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec.10(2)(i) Eviction petition filed on ground of default in payment of rent and denial of title of landlord decreed One of the respondents claiming that her mother was part owner of the property, filing petition to declare decre...

3-Sep-1998 Quick Review

(1999) 1 MLJ 206 (Mad) Muthukrishnammal versus Anandhalakshmi and another (A) Civil Procedure Code (V of 1908), O.23, Rule 3 (as amended by Act CIV of 1976) Party can

5-Nov-1998

always act by his duly authorised representative Counsel authorised by Vakalatnama can enter into an agreement or compromise on behalf of his client Amendment of 1976, has not curtailed the implied authority of the counsel either to confess judgment o...

Quick Review

(1999) 1 MLJ 193 (Mad) M/s.Gemini Foundation represented by J.Nizar, Madras versus V.B. Giri and 13 others Civil Procedure Code (V of 1908), O.21, Rule 86 Auction purchaser not depositing balance due on bid amount Entire amount paid earlier forfeited Whether permissible in law Held, there has to be some judicial discretion on the question of amount to be forfeited Forfeiture of the entire amount, held, unreasonable.

24-Aug-1998 Quick Review

(1999) 1 MLJ 177 (Mad) Bank of Maharashtra, Madras versus The State Trading Corporation of India Limited, Chennai House, Explanade, Madras-1, represented by their Marketing Manager (A) Limitation Act (XXXVI of 1963), Arts.27 and 55 Bank guarantee Third party executing bank 6-Nov-1998 guarantee Respondent filing suit against Bank Praying for release of funds pursuant to bank guarantees Terms of bank guarantee stating that it shall remain in force until all dues of respondent Quick Review are discharged Appellant contending that by invokin...

(1999) 1 MLJ 169 (Mad) N.Krishnan versus T.R.Kuppusamy Civil Procedure Code (V of 1908), O.37, Rule 3(5) Summary suits Petition for leave to defend unconditionally Held, the defendant must satisfy the court that there is a triable issue If he fails to highlight triable issues, he is not entitled for unconditional leave to defend.

9-Oct-1998 Quick Review

(1999) 1 MLJ 138 (SC) Ramendra Kishore Biswas versus State of Tripura and others Central Civil Services (Classification, Control and Appeal) Rules (1965), Rule 24 Civil Procedure Code (V of 1908), Sec.9 Service Rules neither expressly nor by implication taking away Jurisdiction of civil courts to deal with service matters Central Government employee dismissed from service filing suit for reinstatement Matter litigated in ...

4-Dec-1998 Quick Review

(1999) 1 MLJ 133 (Mad) The National Council of Y.M.C.As. of India represented by its General Secretary, New Delhi versus Dr.C.Raja Singh Warrior and others (A) Contract Act (IX of 1872), Secs.23 and 28 Agreement to oust jurisdiction of court, unlawful and 24-Sep-1998 void Where there may be two or more courts competent to adjudicate, agreement vesting jurisdiction in one such court, valid If such contract is clear, unambiguous and explicit and not vague, it is not hit Quick Review by Secs.23 and 28. [Para. 4]

(1999) 1 MLJ 124 (Mad) Radhabai Ammal and others versus Vasuki Ammal (A) Civil Procedure Code (V of 1908), O.32, Rule 15 Plaintiff suing as next friend of husband Unsoundness of mind not proved Held: Where a person is not of an unsound mind, allowing another to sue as a next friend results in deprivation of his rights.

18-Sep-1998 Quick Review

(1999) 1 MLJ 119 (Mad) Maria Soosai and another versus Esakkiammal Civil Procedure Code (V of 1908). Sec. 11 Abuse of process of court Suit filed alleging fraud after an earlier litigation between same parties confirmed by Supreme Court Whether filing of present suit an abuse of process of court Held, in the earlier case, the title of petitioners was found to be absolute once they had prescribed title by a...

22-Oct-1998 Quick Review

(1999) 1 MLJ 117 (Mad) The Oriental Insurance Co. Ltd., Coimbatore versus R.Mani and another Civil Procedure Code (V of 1908), Sec. 151 Inherent powers of court under Motor accident Award passed making 3rd respondent and petitioner Insurance Company liable Application by Insurance Company to reopen case, alleging fraud by claimant, returned Revision petition by Insurance Company challenging order Held, judiciary possesses inher...

13-Oct-1998 Quick Review

(1999) 1 MLJ 110 (SC) Samee Khan versus Bindu Khan Civil Procedure Code (V of 1908), O.39, Rule 2-A Scope Defendant defying order of ad interim injunction Suit by plaintiff for punitive action against defendant Courts discretion for detaining defendant in civil prison Held, detention can be ordered without attachment of property The words and may also in Rule 2-A cannot be interprete...

1-Sep-1998 Quick Review

(1999) 1 MLJ 97 (Mad) Kaliaperumal versus Pankajavalli and others Civil Procedure Code (V of 1908), O.16, Rules 1 and 21 Plaintiff seeking to compel one of the defendants to appear as his witness Held, it is well settled that a plaintiff cannot compel the defendant to appear as his witness Such practice has to be depreciated.

27-Oct-1998 Quick Review

(1999) 1 MLJ 84 (Mad) Mohan Aluminium Pvt. Ltd., Bangalore versus Klen and Marshalls Manufacturers and Exporters Ltd., and others (A) Civil Procedure Code (V of 1908), Sec.11 Bombay High Court passing an order on same 5-Oct-1998 allegations in the plaint as filed in City Civil Court, Madras Order brought to the notice of court Court rejecting same and passing interim order, held illegal. Quick Review

(1999) 1 MLJ 64 (Mad) The United Planters Association of Southern India, Coonoor and another versus P.Swaminathan Civil Procedure Code (V of 1908), Sec. 9 Specific Relief Act (XLVII of 1963), Sec.34 Plaintiff filing suit for declaration stating that termination of service is illegal and against natural justice Defendants alleging that civil court has no jurisdiction to try the case Held, against an order of dismissal if there is breach of contract, a s...

5-Oct-1998 Quick Review

(1999) 1 MLJ 60 (Mad) Kathiresan and another versus Shanmugha Sundaram Civil Procedure Code (V of 1908), O.26, Rule 9 Petition for re-issue of commission Commissioner appointed ex parte Commissioner not putting petitioners on notice of his inspection Petitioner however present during inspection Lower court refusing to re-issue fresh commission Lower court s order set aside Held, where the petitioners are...

17-Aug-1998 Quick Review

(1999) 1 MLJ 45 (Mad) Trade Wings Limited, Madras versus M/s.Garment House (Exports), a partnership firm, represented by its Partner S.Ranganathan (A) Carriage by Air Act (LXIX of 1972), Schedule I, Rule 29 Civil Procedure Code (V of 1908), O. 14, 16-Oct-1998 Rule 2 Suit for damages sustained by negligence of carrier To be filed within two years from date of arrival of goods at destination Filed beyond two years Defendant averring specifically that suit Quick Review was barred Trial Court, held, must have...

(1999) 1 MLJ 41 (SC) K.Muthuswami Gounder versus N.Palaniappa Gounder (A) Civil Procedure Code (V of 1908), O.41, Rule 33 Powers of appellate court Respondent filing appeal as to part only of decree or not filing appeal at all Appellate court, held, can pass decree or order which would be in favour of respondent Condition for making such decree.

31-Aug-1998 Quick Review

(1999) 1 MLJ 37 (SC) Samee Khan versus Bindu Khan Civil Procedure Code (V of 1908), O.39, Rule 2-A Disobedience of injunction order Disobeying party, can be detained in civil prison Words any may also in Rule 2-A Interpretation of Court can attach the property of the disobeying party and at the same time, can order him to be detained in civil prison.

1-Sep-1998 Quick Review

(1999) 1 MLJ 18 (SC) Abbai Maligai, Partnership Firm and another versus K.Santhakumaran and others

Civil Procedure Code (V of 1908), O.47, Rule 1 Review High Court refusing two revision petitions Special leave petitions filed against those orders dismissed by Supreme Court after contest High Court, held, had no power to review the orders passed earlier in the revision petitions.

9-Sep-1998 Quick Review

(1999) 1 MLJ 11 (Mad) N.K.T.National Girls Higher Secondary School rep. by its Secretary School Committee Mrs.Mano Bakthavatsalam, Chennai. versus The Government of Tamil Nadu and others (A) Constitution of India (1950), Art.26 Jurisdiction under Exercise of Scope and ambit When 28-Aug-1998 manifest injustice is apparent, Court will not close its eyes and refuse relief in view of technical arguments. Quick Review

(1998) 3 MLJ 758 (Mad) Easwari Chettiar and another versus Radha and others Civil Procedure Code (V of 1908), Sec. 144 Restitution Object of section Person from whom possession is taken, not entitled to the property Held, such person is not entitled for restitution. 22-Oct-1998 Quick Review

(1998) 3 MLJ 748 (Mad) V.H.Patel versus P.M.Patel Civil Procedure Code (V of 1908), Sec.51 and O.21, Rule 31 Suit for restoration of possession of Saw Mill with goodwill, machinery and accessories, for payment of damages till restoration of possession and for injunction restraining defendant from damaging the machinery Suit for possession decreed and defendant directed to pay Rs. 700 per month...

20-Feb-1998 Quick Review

(1998) 3 MLJ 747 (Mad) Chidambaram versus Ratnam Civil Procedure Code (V of 1908), O.18, Rule 3-A Scope and applicability One of the plaintiffs requesting Court to examine him as P.W.2 Request rejected Order, held, not sustainable O.18, Rule 13-A held, is applicable only to examination of witnesses.

24-Jul-1998 Quick Review

(1998) 3 MLJ 728 (Mad) United Bank of India, Mount Road Branch, Madras versus M/s.Central Scientific Supplies Company Limited, represented by its Director, Agaram Road, Tambaram and another Civil Procedure Code (V of 1908), Sec. 100 Second Appeal Power of Court to interfere with 24-Sep-1998 findings of Subordinate Courts High Court, held, will not reappreciate evidence and interfere with finding of fact based on evidence. Quick Review

(1998) 3 MLJ 721 (Mad) H.Liakath Ali and another versus Karaikal Municipality represented by the Commissioner, Karaikal Civil Procedure Code (V of 1908), Sec. 100 and O.23, Rule I Application to withdraw suit with liberty to file fresh suit Powers under 0.23, Rule 1, held, cannot be invoked unless court has admitted the second appeal Only when the second appeal is admitted the suit is re-opened and as it stands there is a decree in favour of the defendant.

30-Sep-1997 Quick Review

(1998) 3 MLJ 696 (Mad) Sambavathi versus Bhagavan Rao and others Civil Procedure Code (V of 1908), O. 21, Rule 90 and proviso Petition to set aside sale Petitioner filing application to dispense with Production of security Application dismissed without notice to petitioner and without affording an opportunity to furnish security or to make deposit Order not sustainable.

6-Mar-1998 Quick Review

(1998) 3 MLJ 675 (Mad) Sabasthi Nadar versus Savurimuthu Nadar and another Civil Procedure Code (V of 1908), O.1, Rules 9 and 10(2) Necessary parties Suit for partition Plaintiffs deliberately suppressing existence of certain other co-sharers Not impleading them as parties Genealogy filed by him proved to be incorrect Suit, held must be dismissed.

4-Aug-1998 Quick Review

(1998) 3 MLJ 656 (Mad)

P.Angamuthu Mudaliar versus Venkatachala Chettiar Civil Procedure Code (V of 1908), Sec.47 Suit for arrears of rent decreed by appellate Court and becoming final Judgment-debtor filing petition in the Executing Court that a certain document had become available and that it ought to have been considered and that decree cannot be executed Petition, held, is not maintainable Executing court c...

2-Feb-1998 Quick Review

(1998) 3 MLJ 652 (Mad) Premium Industries India Ltd., Calcutta versus Quality Fabricators, represented by its Proprietor Sri Arunagiri and others Civil Procedure Code (V of 1908), 0.39, Rule 3 Injunction against enforcement of Bank guarantees 13-Aug-1998 Contract between parties stating that in the event of dispute courts at Dhanbad will have jurisdiction Contract not specifically excluding jurisdiction of other courts Suit filed in Chennai, held, Quick Review maintainable Further, held, where contract doe...

(1998) 3 MLJ 650 (Mad) Lingammal and 7 others versus Periappappa alias Lingammal and another Civil Procedure Code (V of 1908), Secs. 151 and 152, 0.6, Rule 17 Suit for partition filed Preliminary decree passed Application for final decree filed Plaintiff filing application for amending plaint, Preliminary decree and application for final decree Survey numbers and extent of suit properties purported to be amended altering mistakes...

12-Mar-1998 Quick Review

(1998) 3 MLJ 645 (Mad) Varghese Danial versus Balakrishnan and another (A) Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for injunction and application for temporary injunction Person entering into possession unauthorisedly Allowed to continue in possession for several years He cannot be said to be trespasser His claim for possession title or adverse possession, held, cannot be denied taking note of na...

31-Aug-1998 Quick Review

(1998) 3 MLJ 630 (Mad) Chinnathayee Ammal versus Mottaya Gounder (A) Civil Procedure Code (V of 1908), O.9. Rule 13 Petition to condone of delay in filing petition to set aside ex parte decree Approach of the court Court should approach with a view to render substantial justice to parties Delay in filing petition, not deliberate but due to circumstances beyond defendants control Delay explained Can...

24-Sep-1998 Quick Review

(1998) 3 MLJ 617 (Mad) Mary John and another versus Ratnabai and another (A) Constitution of India (1950), Art. 141 Binding-nature of law declared by Supreme Court Law laid down applies to pending proceedings as well. 22-Oct-1997 Quick Review

(1998) 3 MLJ 613 (Mad) J.Henry Suresh David versus Usha Martilda (A) Civil Procedure Code (V of 1908), O.32, Rule 15 Scope Wife not adjudged as a person of unsound mind before or during the pendency of petition for divorce filed by her husband Wifes act of filing affidavit claiming interim maintenance before trial Court and filing affidavit in High Court for depositing arrears of interim maintenance, show...

9-Dec-1997 Quick Review

(1998) 3 MLJ 611 (Mad) Pattusamy versus Kandasamy Civil Procedure Code (V of 1908), O.1, Rule 10 Transfer of Property Act (IV of 1882), Sec.53-A Scope Suit by respondent claiming to be in possession of suit property for bare injunction against entire harijan community Application by petitioner to be impleaded as a party Held, petitioner an agreement holder in physical possession of the s...

18-Aug-1998 Quick Review

(1998) 3 MLJ 581 (Mad) Alagumalai Moopanar versus Subbiah and others Civil Procedure Code (V of 1908), Sec. 100 Second appeal Lower appellate courts finding about

9-Mar-1998

correctness of finding of fact arrived at by trial court, held is not substantial question of law Court of second appeal, held, cannot go into soundness of that finding.

Quick Review

(1998) 3 MLJ 577 (Mad) V.Manakkan and others versus Veera Perumal 18-Apr-1998 (A) Transfer of Property Act (IV of 1882), Sec. 41 Invocation of Conditions for. Quick Review

(1998) 3 MLJ 570 (Mad) Wipro Finance Ltd. represented by Authorised Officer versus I.I.S.C. Engineers Private Ltd. and another (A) Civil Procedure Code (V of 1908), O.47, Rule 1 Power of review Exercise of It will be exercised only when it is shown that there is some mistake of fact in the order. 8-Jul-1998 Quick Review

(1998) 3 MLJ 567 (Mad) Chellathurai and five others versus Perumal Nadar (A) Suit for injunction Burden is on plaintiff to prove that he was in possession on date of suit Defendant failing to prove his case It does not follow that plaintiff is in possession. 15-Apr-1998 Quick Review

(1998) 3 MLJ 565 (Mad) M.K.M.Abdul Hadi versus M.Manimaran and others Civil Procedure Code (V of 1908), Sec. 42(4) and 0.21, Rule 16 Decree assigned Assignee applying to court for approval of assignment Decree transferred for execution to another court Application, held has to be filed in court which passed it After making correction He can have it transferred it for execution by transferee court.

19-Sep-1997 Quick Review

(1998) 3 MLJ 561 (Mad) L.Sundaresa Naicker versus Baby Animal Civil Procedure Code (V of 1908), Sec. 47 Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec. 10 Landlord and tenant Relationship Concept of Dispute arising with regard to title Civil court giving a finding Real owner alone, held, is entitled to evict tenant, who is the possession Respondent, who has been found t...

27-Aug-1997 Quick Review

(1998) 3 MLJ 554 (Mad) G.R.Govindarajulu and Sons Charities, Coimbatore and others versus R.Sethurao and 12 others Civil Procedure Code (V of 1908), Secs. 10, 92 (1), 104, 115 and 151 Constitution of India (1950), Arts.226 and 227 Order granting leave to institute suit against, public trust Revision against, held, is not maintainable Order is administration in nature No scope for application of res judicata Order passed without application of mind ...

30-Mar-1998 Quick Review

(1998) 3 MLJ 541 (Mad) Kumaraswami Chettiar (died) and others versus eliburammal and 5 others (A) civil procedure code (v of 1908), sec. 100 second appeal lower court considering natural evidence -not taking things to consideration irrelevant matters lower appellate court considering and discussing entire evidence in detail and coming to conclusion high court, held, cannot re-appreciate evidence and come to a different finding.[para...

30-Mar-1998 Quick Review

(1998) 3 MLJ 526 (Mad) S.Subramaniyan & Co., represented by its Partner S.Subramaniam versus The State of Tamil Nadu represented by the Secretary to the Government of Tamil Nadu, Department of Commercial Taxes and Religious Endowments, Madras. (A) Civil Procedure Code (V of 1908), O. 18, Rule 3 and O. 41, Rule 27 Plaintiffs applications to 16-Jun-1998 appoint an Advocate Commissioner and to examine witnesses rejected Grave injustice resulting to the plaintiff Application to admit additional document requested High Court, held, entitled to entertain Quick Review application.

(1998) 3 MLJ 514 (Mad)

R.Maria Siluvai versus B.Sree Kumari Amma and others (A) Civil Procedure Code (V of 1908), Secs. 96 and 100 O.4I, Rule 23 Appeal What is Conditions for filing appeal Appeal against order of remand, maintainable Grounds available in such appeals. [Para. 19]

16-Dec-1997 Quick Review

(1998) 3 MLJ 494 (Mad) Esakki versus Subramania Aiyar Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act of 1976), Secs. 8(1) (a) (b) and 26 Civil Procedure Code (V of 1908), Sec. 9 Suit for eviction of tenant Eviction ordered on ground of non-payment of rent Appeal allowed on ground that rent may be payable only as per Tamil calendar month Landlord issuing notice demandi...

20-Mar-1998 Quick Review

(1998) 3 MLJ 466 (Mad) N.Srinivasan versus Muthammal (A) Negotiable Instruments Act (XXVI of 1881), Sec. 18 Principles under Is statutory and mandatory. 29-Jan-1998 Quick Review

(1998) 3 MLJ 442 (Mad) Fathima Beebi versus Srirangammal Civil Procedure Code (V of 1908), Sec. 35 (a) (1) and (2) Suit for declaration and permanent injunction Damages for illegal use not asked for Awarded Order, not sustainable. 26-Mar-1998 Quick Review

(1998) 3 MLJ 421 (Mad) K.V.Subramanian versus Pattabi Bhagavathar and others Civil Procedure Code (V of 1908), Sec. 10 Issue involved were directly and substantially the same In first suit, question was regarding authority of a person to create a settlement Second suit questioning very legality of that settlement -. Issues involved held were not directly and substantially in issue Stay of subsequent suit pending a...

10-Aug-1998 Quick Review

(1998) 3 MLJ 412 (Mad) Jeyabalan and others versus V.Bal Naicker (died) and others (A) Easements Act (V of 1882), Sec. 13 Easement of necessity Right to use of suit pathway, lost when there is an alternative pathway to reach the property, even though it is circutous. [Para. 9] 26-Mar-1998 Quick Review

(1998) 3 MLJ 408 (Mad) Arulmigu Alavandar Charities, Mahabalipuram, represented by its Executive Officer versus R.Kanniappan and others Civil Procedure Code (V of 1908), Sec. 24 Suit being heard on a day to day basis pursuant to order of 6-Aug-1998 High Court Trial Judge stated to have expressed opinion about the result of suit at the arguments stage Petitioner praying for transfer Held, opinion expressed by a Judge about suit cannot be taken Quick Review to be the result of the suit While seeki...

(1998) 3 MLJ 406 (Mad) A.Rajamanickam versus Suseela and another Civil Procedure Code (V of 1908), O.32, Rules 2 and 3 Petition to appoint guardian for defendant of unsound mind rights and interests of such person at stake in Civil Proceedings Remedy available only in pending suit Whether provisions of Mental Health Act will apply Held, Petition by next fried of person of unsound mind has nothing to do...

10-Aug-1998 Quick Review

(1998) 3 MLJ 385 (Mad) Tamil Nadu Civil Supplies Corporation represented by its Regional Manager at Ramanathapuram versus R.Bose Civil Procedure Code (V of 1908), O. 47, Rule I and Sec. 114 Appeal by a person as an indigent one 18-Apr-1998 Execution petition against him stayed Interim slay made absolute on the mistaken impression that no counter was filed Indigent person holding property worth Rs, 1,25, 000 unable to raise funds Quick Review immediately Order making interim stay absolute, ...

(1998) 3 MLJ 364 (Mad) Hindustan Photo Films Manufacturing Co. Ltd., represented by its Managing Director versus R.Lakshmanan Constitution of India (1950),.Art.227 Civil Procedure Code (V of 1908), 0.37, Rule 1 Suit for 20-Jul-1998 declaration of date of birth before District Munsif Subsequent filing suit for injunction in sub-court for preventing termination of service Obtaining order of interim injunction Plaintiff stating that Quick Review subsequent suit was filed in sub-court due t...

(1998) 3 MLJ 356 (Mad) M/s.Tablets India Ltd., Madras versus Canara Bank, represented by its Manager, Koyambedu Branch and others, Madras-600106 27-Feb-1998 Civil Procedure Code (V of 1908), O.8-A, Rule 1 Application under for indemnity against defendants who are already parties to suit, held, maintainable. Quick Review

(1998) 3 MLJ 349 (Mad) Society of St.Josephs College, by its Procurator, St.Josephs College, Tiruchirapalli versus A.Doraisami (died) and others Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act (XXX of 1963), Secs.8(1) and 43 30-Jul-1998 Civil Procedure Code (V of 1908), Sec. 11 Orders passed on decision rendered under Act, held do not have effect of barring jurisdiction of civil courts: Quick Review

(1998) 3 MLJ 338 (Mad) Duraisamy Pillai and others versus Mannammal and another (A) Hindu Law Joint family property or self-acquired property Burden of proof Initial burden is on the person claiming properties to be joint family properties Burden, held, shifts to the person who claims the property to be individual property only after adequate joint family nucleus is shown.

28-Oct-1997 Quick Review

(1998) 3 MLJ 323 (Mad) Baby Finance & Investments P. Ltd. and another versus Jayashree Srinivasamurthy and another Civil Procedure Code (V of 1908), Sec.26 Tamil Nadu Civil Courts Act (XXVIII of 1995), Sec.4 The High Court Fees Rules, Appendix I-A Tamil Nadu Court-Fees and Suits Valuation Act (XIV of 1955), Schedule I, and Sec.22 High Court Madras Original Side Rules (1956), O.1, Rule 4(16) and O.2, Rule 7 Suit instituted on the Original Side of the H...

20-Jul-1998 Quick Review

(1998) 3 MLJ 295 (Mad) T.Seventhilingam versus Karur Vysia Bank Ltd., Trichy and another Civil Procedure Code (V of 1908), O.34, Rule 1 Object and scope Suit on mortgage against father Decreed Execution petition filed Son filing suit on the basis of an alleged partition deed entered into between him and his father and contending that without making him a party, decree cannot be executed Partition was not in existence when m...

24-Jul-1998 Quick Review

(1998) 3 MLJ 282 (Mad) Adhimoola Padayachi and another versus Arumugha Padayachi (A) Pleadings Plea not put forward Oral evidence in respect of it, held, cannot be looked into. 8-Nov-1997 Quick Review

(1998) 3 MLJ 260 (Mad) Shabhas Khan Ghori Pallivasal, (Hanifee Jamatu) Sivakasi through its President, B.Diwan Basha and another versus D.Syed Sharfudeen (A) Civil Procedure Code (V of 1908), O. 41, Rule 27 Reception of additional evidence under 25-Nov-1997 Whether appellate Court will be able to pronounce judgment without considering additional evidence, held, will be the test for. Quick Review

(1998) 3 MLJ 241 (Mad) V.Ramalingam versus Thayamuthammal Civil Procedure Code (V of 1908), O.21, Rule 106 Judgment-debtor set ex parte Attachment made absolute and E.P. closed Petition to set aside ex parte order not taken on file Held, that the petition is not maintainable In revision held, since there is no final order of adjudication directing garnishee

9-Mar-1998 Quick Review

to deduct sums every month from the ...

(1998) 3 MLJ 172 (Mad) Caesar Park Hotels and Resorts Inc versus Westinn Hospitality Services Ltd Trade and Merchandise Marks Act (XLIII of 1958), Sec. 120 Passing of Civil Procedure Code (V of 1908), O.39, Rule 1 Appellants being a hotel chain operating worldwide under the trade name Westinn but having no operations in India Respondents in the business of hotel reservations conducting such business under the name Hotlink Respondent...

19-Jun-1998 Quick Review

(1998) 3 MLJ 140 (Mad) Sumathiamma and others versus Thankamma and others (A) Marumakkathayam Law Two male members sharing entire property Held such property cannot be taken to be tarawad property. 3-Apr-1998 Quick Review

(1998) 3 MLJ 98 (Mad) A.Thambiran Naicker versus A.Sambasivam and others (A) Civil Procedure Code (V of 1908), O.7 Benami Pleading and proof Suit for partition Defendant contending that property was purchased benami in the name of one of the co-sharers Other co-sharer contending that the property self-earned and cannot be subject to partition Plea of benami not stated in pleadings Held: In the absence of ...

12-Dec-1997 Quick Review

(1998) 3 MLJ 98 (SC) M/s.Sunil Enterprises and another versus S.B.I. Commerical and International Bank Ltd. Civil Procedure Code (V of 1908), 0.37 Leave to defend Respondents suit on the basis of bills of exchange in subject of which appellants were acceptors Appellant seeking leave to defend suit contending thai the Bills of Exchange were executed without consideration as neither the goods were sold nor supplied in the transaction Also alleging...

30-Apr-1998 Quick Review

(1998) 3 MLJ 95 (SC) Ashok Kumar Srivastav versus National Insurance Company Ltd. and others Civil Procedure Code (V of 1908), Sec. 11 Res judicata Constitution of India (1950), Arts. 32 and 226 Decision on issue raised in petition under Would operate as res judicata, between same parties in subsequent judicial proceedings Rule, however will not operate in the detriment of a fundamental right.

27-Apr-1998 Quick Review

(1998) 3 MLJ 84 (Mad) Subby Reddy alias Subbareddy versus Leelavathy Ammal and others Civil Procedure Code (V of 1908), O.47, Rule 1 Review Powers of Can be invoked only when there is a patent error on the face of it Plaintiff aggrieved that evidence adduced by him has not been considered properly Cannot file petition for review Can only file an appeal.

19-Feb-1998 Quick Review

(1998) 3 MLJ 83 (Mad) Dhandapani Udayar and another versus Annammal, Minor and others Civil Procedure Code (V of 1908), 0.33, Rule 1, Petition by person to sue as indigent person Word means Meaning of Obtaining decree for possession of property which could be executed It is a means Petition liable to be rejected.

19-Feb-1998 Quick Review

(1998) 3 MLJ 78 (Mad) Hemamalini versus Swaminathan and others (A) Civil Procedure Code (V of 1908), O.1, Rule 10 Necessary parties Suit for share in plaint schedule properties on ground that deceased died intestate One of the defendants contending that deceased had left a Will Beneficiaries under Will not impleaded as parties Suit, held, cannot proceed.

11-Mar-1998 Quick Review

(1998) 3 MLJ 69 (Mad) D.Kader Batcha and others versus Goripalayam Darga, through its Manager, having office at Goripalayam Darga Buildings, Goripalayam, Madurai Town

Civil Procedure Code (V of 1908), Sec. 152 Suit for ejectment No dispute about the identity of property in plaint and petition under City Tenants Protection Act Mistake as to identity crept in the decree Rectification of decree held, can be allowed Constitution of India (1950), Art.227 High Court, held, can amend decree before proceedin...

9-Feb-1998 Quick Review

(1998) 3 MLJ 49 (Mad) K.R.Chinnathambi Gounder versus Bhanumathy and others Civil Procedure Code (V of 1908), 0.9, Rule 7 Applicability Application to set aside ex parte order filed after delay of five years held, petitioner failed to show good cause for the absence on previous date of hearing Suppressed the fact of filing a counter in the application filed by plaintiff Therefore, no bona fide on the part of the ...

12-Mar-1998 Quick Review

(1998) 3 MLJ 49 (SC) Tirumala Tirupati, Devasthanams versus K.M.Krishnaiah (A) Evidence Act (I of 1872), Sec. 13 Whether judgment in another suit where present plaintiff not a party, admissible in evidence Held, a judgment not inter parties is admissible in evidence as evidence of an assertion of a right to property in dispute.

2-Mar-1998 Quick Review

(1998) 3 MLJ 19 (SC) Lakhi Ram (Dead) through LRs. versus Shri Tribha Ram and others Specific Relief Act (XLVII of 1963), Sec.16(c) Civil Procedure Code (V of 1908), O.6, Rule 17 Whether amendment of plaint to insert averment under Sec. 16(c) changes cause of auction Held, amendment, inserting relevant averments under Sec. 16(c) of the Specific Relief Act does not change the cause of action and would be legally permissible ...

5-Feb-1998 Quick Review

(1998) 3 MLJ 13 (Mad) M/s.Bangalore Water Supply and Sewerage Board, Cauvery Project Division, by its Executive Engineer. versus M/s.Sugesan & Co. (P) Ltd. Bangalore Water Supply and Sewerage Act, Sec. 126 Civil Procedure Code (1908), Sec.80 Object 11-Jun-1998 Civil Procedure Code (V of 1908), Sec. 34 Scope Suit for recovery of money in commercial transaction Suit notice sent under Sec. 126 of the Act Not under Sec.80, C.P.C. Suit, whether Quick Review maintainable Whether respondent/plaintiff entitled to cl...

(1998) 3 MLJ 3 (Mad) M.Sundaram alias Vettukati Sundaram versus R.Thangasamy Nadar Civil Procedure Code (V of 1908), O. 6, Rule 16 (as amended by Act CIV of 1976), Sec. 151 Striking off of plaint Respondent coming to High Court to re-agitate matter which has already been concluded Case, held, to be a fit one to exercise powers under Sec. 151, O. 6, Rules 16, 7 and 11 and also Art.227 of the Constitution of India.

29-Jun-1998 Quick Review

(1998) 3 MLJ 1 (Mad) M/s.Eswari Industries, Shencottai and others versus Tamil Nadu Industrial Investment Corporation Ltd., by its Branch Manager, Tirunelveli Civil Procedure Code (V of 1908), Sec.2(2) Decree State Financial Corporation Act (LXIII of 1951), 6-Jul-1998 Sec. 31 State Financial Corporation selling the property pledged by debtor for loan advanced Sale proceeds not sufficient to satisfy amount due Corporation seeking to recover balance from Quick Review guarantors Lower court calculating amount due and d...

(1998) 2 MLJ 722 (Mad) Srinivasan and 6 others versus Sri Madhyarjuneswaraswami, Pattavaithalai, Tiruchirapalli District by its Executive Officer at Pettavaithalai Devasthanam, and 5 others Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act (XXX of 1963), Sec.46 Civil 30-Apr-1998 Procedure Code (V of 1908), Secs. 9 and 11 Ryotwari Patta granted by tribunal constituted under Minor Inams Abolition Act, held, could be questioned before a civil court Orders passed and decisions Quick Review rendered under Act being given finality does not h...

(1998) 2 MLJ 654 (Mad) M/s.Idcol Cement Ltd., Bargarh, Orissa, represented by its Senior Deputy Manager (Legal) versus M/S.Fuller India Ltd. and another

Civil Procedure Code (V of 1908) Sec. 9 and 0.39, Rule I Injunction against bank guarantee Contract containing jurisdiction clause Suit not filed in the court whose jurisdiction was accepted Instead filed at the place where bank guarantee was executed Lower Court directed to return the plaint for presentation before proper court.

27-Jan-1998 Quick Review

(1998) 2 MLJ 647 (Mad) K.V.S.Manian versus B.S.Gopalakrishnan Civil Procedure Code (V of 1908), 0.6, Rules 17 and 18 Suit for mesne profits Petition for amendment of plaint to include recovery of possession Dismissed Cause of a action for recovery of mesne profits and that for recovery of possession whether one and the same Earlier suit for Specific Performance dismissed Held, the cause of actio...

7-Jan-1998 Quick Review

(1998) 2 MLJ 638 (Mad) Sooriyamurthy and three others versus Chinnaswamy (Died) and seven others Civil Procedure Code (V of 1908), Sec. 100 Second Appeal Interferences with lower appellate courts findings Lower appellate court not stating why it is not accepting reasoning of the trial court Trial Court taking a view about witnesses Lower appellate court interfering with it Lower court not looking, into remarks of trial court about...

11-Mar-1998 Quick Review

(1998) 2 MLJ 605 (Mad) Nallathambi Nadar (died) and another versus Santha Bai and others Indian Trusts Act (II of 1882), Sec. 90 Civil Procedure Code (V of 1908), Sec. 100 Whether first appellant lost his right over his half share in S.No. 1050 of item 9 of suit property by virtue of nonredemption and law of limitation, on basis of mortgage Held, neither the mortgage deed nor the redemption deed contain any reference to the firs...

23-Dec-1997 Quick Review

(1998) 2 MLJ 601 (Mad) Padmanabhan and others versus The Union of India represented by the Secretary to the Revenue Department, Government of Union Territory of Pondicherry and another Land Acquisition Act (Act 1 of 1894) Civil Procedure Code (V of 1908), Act S.9 Case arising under 11-Nov-1997 the Land Acquisition Act whether maintainable in a civil court Held, the Scheme 8 of the Act is complete in itself So jurisdiction of civil court to take cognizance of cases arising under the Act, is Quick Review barred Suit not maintainable.

(1998) 2 MLJ 564 (Mad) A.Leela versus Palaniyandi and others (A) Pondicherry Court-fees and Suits Valuation Act, Sec. 40 Document executed voluntarily Suit for declaration that deed was invalid on plea that plaintiff signed it unfilled and containing many blanks Suit, held, was for setting aside deed Court-fees payable was under Sec. 40.

11-Feb-1998 Quick Review

(1998) 2 MLJ 562 (Mad) Somasundaram Chettiar and others versus Balasubramanian Civil Procedure Code (V of 1908), 0.1, Rule 10 Parties to suit Necessary and proper Parties who are Person without whose presence suit can be adjudicated upon is not necessary party Suit for bare injunction Person who handed over possession of suit property to defendant may be a witness on side of defendant but not necessary party to th...

19-Feb-1998 Quick Review

(1998) 2 MLJ 559 (Mad) R.Ranganatha Naidu versus R.Subramaniya Mudaliar Civil Procedure Code (V of 1908), Sec.47(3), Explanation II(b) Substituted by Act (IV of 1976) Suit for declaration and possession Plaintiff purchasing suit property in court auction sale Taking possession but possession delivered only symbolically since defendant was in possession Defendant disputing title of plaintiff Remedy of plaint...

8-Jan-1998 Quick Review

(1998) 2 MLJ 556 (Mad) G.Singaravel Naidu versus S.Govindasamy Mudaliar Civil Procedure Code (V of 1908), 0.41, Rule 27 Petition to adduce additional evidence or documents in appeal When permissible. 15-Dec-1997 Quick Review

(1998) 2 MLJ 539 (Mad) Rani Mohanraj and others versus P.Rajarathinam (A) Guardian and Wards Act (VIII of 1890), Sec.9 Petition to declare petitioner as the person and properties guardian of minor Minor residing at Madras Court at Madras, alone has jurisdiction to entertain petition Properties of minor situate in Tiruchi Tiruchi Court has no jurisdiction to pass orders on petition Order passed by that Cou...

18-Feb-1998 Quick Review

(1998) 2 MLJ 520 (Mad) K.Kalimuthu (died) and four others versus Athmajothi alias Krishnamurthy and another Civil Procedure Code (V of 1908), O.21 Rule 35 Amount decreed with costs paid into court Attachment of Property, held, deemed to be withdrawn Proclamation of sale of that property, held, is without jurisdiction.

13-Mar-1998 Quick Review

(1998) 2 MLJ 518 (Mad) V.Devarajan versus R.Purushothaman and others Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for injunction Plaintiff entitled to 1/12th share in sale proceeds of property as per preliminary decree in earlier proceedings dated 1954 Property not partitioned Some portions sold to defendants Defendants in possession putting up construction on property Plaintiff filing suit for in...

4-Dec-1997 Quick Review

(1998) 2 MLJ 508 (Mad) Kalavathi versus Chitra (A) Civil Procedure code, (V of 1908), O.6. Rule 17 Suit for bare injunction Defendant filing written statement denying plaintiffs title on 1.11.1996 Plaintiff filing application for amending plaint within two months Application, held, was in time.

20-Feb-1998 Quick Review

(1998) 2 MLJ 481 (Mad) Veera Boyan versus Ponnusamy Gounder and others Civil Procedure Code (V of 1908), O.21, Rules 105 and 106 Applicability Suit for specific performance decreed Execution petition dismissed for default E.A. to set aside that order Whether E.A. filed 30 days after dismissal of E.P. barred by limitation, under O.21, Rule 106 O.21, Rule 106 will apply only if order in E.P was passed under ...

2-Mar-1998 Quick Review

(1998) 2 MLJ 468 (Mad) Nallu versus Pushpam and another Civil Procedure Code (V of 1908), 0.39, Rules 1 and 2 Suit for permanent injunction against defendants and for restraining them from interfering with his possession by plaintiff Held, respondent had IIIrd share in the suit property Without ascertaining in which portion of the suit property the respondent is in possession, plaintiffs case sho...

12-Dec-1997 Quick Review

(1998) 2 MLJ 420 (Mad) Tmt.P.Vijaya and another versus M.Santhanaraj Civil Procedure Code (V of 1908), Secs.9 and 11 Suit for declaration that defendants are tenants in suit property and for possession by plaintiffs Defendants contending that suit land was conveyed to them by oral gift Whether finding of Rent Controller will operate as res judicata Held, oral gift not proved Defendants either tenants or p...

23-Feb-1998 Quick Review

(1998) 2 MLJ 419 (Mad) Tmt.Muthammal versus Gurunathan and others Civil Procedure Code (V of 1908), O.9, Rule 4 Suit for partition dismissed for non-payment of batta LA. by plaintiff to condone delay in filing petition for restoration Held, when the suit has been dismissed because of mistake of counsel for plaintiff, the plaintiff cannot be deprived of her valuable rights, especially in a suit for partition...

24-Oct-1997 Quick Review

(1998) 2 MLJ 416 (Mad) M.Selvi versus Rangachari Civil Procedure Code (V of 1908), O.9, Rule 13 Limitation Act (XXXVI of 1963), Sec. 5 and Art. 123

10-Dec-1997

Suit by plaintiff for specific performance of agreement decreed ex parte Two I.As. by defendant for setting aside ex parte decree and for condoning delay in filing written statement dismissed for default Two I.As. by defendant for restoring ...

Quick Review

(1998) 2 MLJ 410 (Mad) Krishnaveni and others versus Ramachandra Naidu and another Civil Procedure Code (V of 1908), as amended in 1976, O. 22, Rule 4(4) Scope Suit for partition and separate possession by plaintiff Second defendant set ex parte Death of second defendant Suit dismissed as against second defendant as abated Whether exemption from substituting legal representatives could be granted after abatement Ye...

24-Feb-1998 Quick Review

(1998) 2 MLJ 406 (Mad) P.A.Anbu Anandan alias P.A.Anandan versus D.Sivakumari Civil Procedure Code (V of 1908), O.11, Rule 21 Hindu Marriage Act (XXV of 1955), Sec.8 Petition for restitution of conjugal rights by husband Suit by wife for declaration that her marriage with petitioner void Petitions by husband one for medical examination of wife, another for direction against her to produce letters written by him to he...

23-Feb-1998 Quick Review

(1998) 2 MLJ 403 (Mad) Kasthuri Naidu (Died) and others versus N.Padmanabhan and others. (A) Hindu Law Hindu Joint Family Whether suit property joint family property Acquisition by coparcener without using family funds, his self-acquisition Held, plaintiff failed to prove that suit property except one item, is joint family property.

11-Mar-1998 Quick Review

(1998) 2 MLJ 379 (Mad) Binny Ltd. Registered under the Companies Act having its Registered Office at Binny House, 65, Armenian Street, Madras-1 represented by Manager versus Murari Hospital Syndicate, a Society registered under the Societies Registration Act, having its office at No.36, Main Road Madras and others Civil Procedure Code (V of 1908), O. 1, Rule 8, Sec.91, O. 39 Abatement of nuisance Plaintiff suing 18-Feb-1998 for abatement of nuisance Defendant admittedly using adjacent land for loading and unloading of coal Resultant coal dust and other nuisances sought to be prohibited Courts below decreeing suit On Quick Review appeal, High Court confirming findings of ...

(1998) 2 MLJ 370 (Mad) A.Chinnaraja versus N.S.Subbaiyah and another Civil Procedure Code (V of 1908), 0.39, Rules 1 and 3 Scope Granting of ex-parte injunction Principles Suit by plaintiffs/respondents for recovery of possession on basis of family arrangement and for permanent injunction restraining the defendant from putting up further construction Ad interim injunction granted Contempt application by...

18-Feb-1998 Quick Review

(1998) 2 MLJ 356 (Mad) Board of Trustees, Srinagar Colony, Madras and others versus Dr.Kamala Dakshinamurthy and others (A) Civil Procedure Code (V of 1908 as amended in 1976), O. 1, Rule 8 Scope and applicability Representative suit by plaintiffs to direct defendants by mandatory injunction to conduct auction of plots open only to plaintiffs Whether in a representative suit, party representing others should have the same cause of action as others No Held ...

3-Feb-1998 Quick Review

(1998) 2 MLJ 351 (Mad) Muthu Goundar versus Poosari alias Palaniappan and four others (A) Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Suit for bare injunction Sufficient proof on plaintiffs side with regard to title Question of title can be gone into incidentally. 26-Feb-1998 Quick Review

(1998) 2 MLJ 346 (Mad) K.Ponniah versus M/s.Golden Hills Estates Private Limited, Vilangudi, Madurai, represented through its Managing Director Saraswathi Narayanan. 6-Mar-1998 (A) Civil Procedure Code (V of 1908), Sec.9 Jurisdiction Civil court has no jurisdiction to try case which will fall under Industrial Disputes Act. Quick Review

(1998) 2 MLJ 343 (Mad) P.Haridoss versus N.Subbayya Pillai and three others (A) Civil Procedure Code (V of 1908), O. 1, Rule 8 Necessary parties Sale by some co-sharers One of the co-sharers challenging it Other Co-sharers are necessary parties. 4-Feb-1998 Quick Review

(1998) 2 MLJ 314 (Mad) Subramaniyan and five others versus Sadaya Padayachi and five others (A) Civil Procedure Code (V of 1908), 0.21. Rules 64 and 90 Court auction sale of judgment-debtors land Six acres of land, four of them in one block brought for sale for a debt of Rs.9,000 Court ordering sale of 4 acres for Rs.30,000 on ground that the land was in one block Sale, held, illegal.

31-Jul-1997 Quick Review

(1998) 2 MLJ 307 (Mad) Rajammal versus Ramasami and others Civil Procedure Code (V of 1908), Sec. 100 Second appeal Interference with decision of lower appellate court Grounds for. 22-Dec-1997 Quick Review

(1998) 2 MLJ 304 (Mad) The Madurai City Municipal Corporation, represented by its Commissioner, Madurai versus N.Baskara Pandian and another (A) Civil Procedure Code (V of 1908), O.38. Rule 5 and O.21. Rule 46 Property attached before 4-Feb-1998 judgment in pending suit Decree-holder, held, need not seek fresh order of attachment under O.21, Rule 46. Quick Review

(1998) 2 MLJ 291 (Mad) R.Govindasamy (died) and others versus Kasthuri Animal and others (A) Civil Procedure Code (V of 1908), Sec. 11 Res judicata -Judgment given for default of appearance, held, cannot operate as res judicata. 18-Mar-1998 Quick Review

(1998) 2 MLJ 279 (Mad) Nagarajan versus Selvaraj (dead.) and others Civil Procedure Code (V of 1908), Sec. 47 Suit for declaration and possession against person in possession of suit property dismissed Dismissal confirmed finally in second appeal Another suit by purchaser of suit property for declaration and possession, decreed ex-parte Execution petition by purchaser E.A. by respondents contending that l... 20-Feb-1998 Quick Review

(1998) 2 MLJ 249 (Mad) M/s.Sugesan and Company Private Limited versus Pachaiayppas Trust and Scheduled Public Trust and Endowments represented by the Committee of Management, Madras and others (A) Civil Procedure Code (V of 1908), 0.6, Rule 14 Verification of plaint Defect in Cannot defeat claim of plaintiff Irregularity in verification at time of filing of suit Later on Secretary of Trust authorised to file suit and verify such ratification, held, will cure defect. 13-Sep-1997 Quick Review

(1998) 2 MLJ 245 (Mad) Renuka Devi versus D.Manohara

(A) Constitution of India (1950), Art.227 Court exercising power under Can consider grievance of the party and see that it is redressed to the maximum extent.

18-Nov-1997 Quick Review

(1998) 2 MLJ 195 (Mad) National Textile Corporation, (Tamil Nadu and Pondicherry) Ltd., Unit: Coimbatore Murugan Mills Ltd versus C.M.Joseph and others Civil Procedure Code (V of 1908), Sec.47 and 0.21, Rule 50(2) Scope and applicability Suit for recovery of money from firm decreed E.P. by plaintiff Plaintiff also seeking to attach properites of first respondent (partner of firm) E.A. by first respondent contending he was only a dormant partner without notice of the suit Held, first re... 4-Mar-1998 Quick Review

(1998) 2 MLJ 193 (Mad) Minor Palaniammal, represented by his mother and guardian versus Pichaiyan Civil Procedure Code (V of 1908), O.9, Rule 3 Limitation Act (XXXVI of 1963), Sec.5 Suit dismissed for default Application for restoration Delay Condonation of Applicant citing ill health as cause and producing medical certificate Doctor issuing certificate not examined but applicant examined Medical certificate, held, can be reli... 2-Dec-1997 Quick Review

(1998) 2 MLJ 192 (Mad) M/S.Goodyear (India) Ltd., New Delhi and another versus S.Venkatakrishnan and others Civil Procedure Code (V of 1908), O.22, Rules 48 and 11 Joint Family Property Revision by tenants against order in Rent Control Appeal 4th respondent dying pending revision All C.M.Ps. by petitioners to implead 4th respondents L.Rs., to set aside abatement and condone long delay, dismissed Revision concerning 4th respondent abating Hel... 2-Mar-1998 Quick Review

(1998) 2 MLJ 170 (Mad) J.Samuel versus Mathisa Pandian and others Civil Procedure Code (V of 1908), O. 18, Rules 2(4) and 17-A, Sec.151 Petition under Sec. 151 to reopen trial in suit to enable petitioner to let in additional evidence Wrong provision quoted, is no bar for relief Opportunity has to be provided to a party if evidence is necessary in the interests of justice Delay, should not stand in the wa... 22-Dec-1997 Quick Review

(1998) 2 MLJ 156 (Mad) Bharath Kumar Jain versus Kanta Ben Civil Procedure Code (V of 1908), Secs.9 and 47 -Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Secs. 10(1) and 30(1) Civil suit by landlord for recovery of possession and arrears of rent in respect of budding exempted from the provision of Rent Control Act Exemption period expiring during pendency of suit Civil court pas... 4-Sep-1997 Quick Review

(1998) 2 MLJ 150 (Mad)

Asarab Ali and others versus V.Uthirapathi (A) Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec. 18 Eviction petition ordered Execution petition filed Rent Controller as executing court is a civil court having all the powers of a civil court. 19-Sep-1997 Quick Review

(1998) 2 MLJ 145 (Mad) K.Bakthavatsalam Naidu and others versus Kanehanadevi and another Civil Procedure Code (1908), Sec. 115 Limitation Act (XXXVI of 1963), Arts. 134 and 136 E.A. by first respondent/auction purchaser dismissed for default Second F.A. by first respondent after 5 years for delivery of property Held, only Art. 134 and not Art. 136 applicable for filing an application for delivery So present petition for deliv... 1-Oct-1997 Quick Review

(1998) 2 MLJ 140 (Mad) V.Gurunathan versus P.Munusamy and another Civil Procedure Code (V of 1908), Sec.47 Suit for possession by successful bidder at auction sale, decreed E.P. by decree-holder E.A. by respondents under Sec. 47 Held, same issue agitated before trial court Respondents cannot re-agitate the same in E.A. under Sec.47. 18-Feb-1998 Quick Review

(1998) 2 MLJ 129 (SC) Tasaddug Hussain Khan versus Shiv Nath Sahu (deceased) through LRs. and another Civil Procedure Code (V of 1908), Sec. 144 Decree passed in restitution proceedings in favour of judgment-debtors Appeals allowed by High Court Variation of decree is possible only if all the judgment-debtors are present Decree is indivisible. 26-Mar-1998 Quick Review

(1998) 2 MLJ 127 (SC) Usmansab Hatel Sahab versus R.L.Meharwade and others Civil Procedure Code (V of 1908), 0.21, Rule 90 Auction-purchaser not paying purchase money within 15 days Sale was liable to be set aside Sale set aside after 15 years at the instance of coowner of suit property High Court directing co-owner of suit property to pay the loss suffered by the auction-purchaser Order, held not sustainable. 23-Jan-1998 Quick Review

(1998) 2 MLJ 126 (Mad) Letchumanan versus Karuppan Civil Procedure Code (V of 1908), 0.38, Rule 9 Scope Provision held, mandatory Defendant providing security by way of immovable property Security is sufficient and genuine, court ought to lift attachment. 8-Jan-1998 Quick Review

(1998) 2 MLJ 126 (SC)

Azhar Hasan and others versus District Judge, Saharanpur and others (A) Civil Procedure Code (V of 1908), Sec.9 Jurisdiction of Civil Courts Ouster of Question as to tenancy of land Persons who succeeded the recorded tenants whether tenants or not To be decided only by Revenue Court. 22-Jan-1998 Quick Review

(1998) 2 MLJ 121 (SC) K.Urmilla and others versus Ram Kumar Verma Civil Procedure Code (V of 1908), Sec. 115 Revision Exercise of powers of High Court, held, must consider and discuss evidence, while reversing concurrent findings. 17-Feb-1998 Quick Review

(1998) 2 MLJ 119 (Mad) Lakshmi Ammal versus Ram Chetti Civil Procedure Code (V of 1908), O. 21, Ride 2 Held, uncertified payment of money or adjustment, not recorded by the court under O. 21, Rule 2, cannot be recognised by the executing court. 2-Mar-1998 Quick Review

(1998) 2 MLJ 112 (Mad) R.Ganga versus S.Royal Civil Procedure Code (V of 1908), 0.33, Rule 1 Plaintiff possessed of sufficient means of sufficient property to raise necessary funds to pay court-fees He cannot be held to be person of indigent means. 21-Nov-1997 Quick Review

(1998) 2 MLJ 99 (Mad) A.Shamsuddin versus K.Chellappan (A) Constitution of India (1950), Art.227 Orders of Rent Controller allowing amendment of Schedule of property Interference with High Court, held, will not interfere unless there is manifest injustice or an error apparent on the record. 2-Feb-1998 Quick Review

(1998) 2 MLJ 90 (Mad) Mrs.Achamma George versus R.Krishnaswamy (A) Civil Procedure Code (V of 1908) Sec. 11 Res judicata Ex parte decree also will attract principle of Conditions for. 21-Jan-1998 Quick Review

(1998) 2 MLJ 89 (SC) Mehrunnisa (Smt.) and others versus Visham Kumari (Smt.) and another

Civil Procedure Code (V of 1908), Sec. 100 Second Appeal High Courts interference with findings of first appellate court in Lower appellate court failing to read entire evidence and not considering all documents placed before trial court High Court held will he justified in interfering.

2-Dec-1997 Quick Review

(1998) 2 MLJ 79 (SC) I.T.C.Limited versus Debts Recovery Appellate Tribunal and others Civil Procedure Code (V of 1908), 0.7, Rule 11 Rejection of plaint Power as to Can be exercised even after framing of issues. 19-Dec-1997 Quick Review

(1998) 2 MLJ 62 (Mad) K.Mani versus L.Indumathi (A) Civil Procedure Code (V of 1908), Sec. 100 Second appeal Application to amend written statement by raising a new plea Cannot be allowed. 21-Jul-1997 Quick Review

(1998) 2 MLJ 42 (Mad) Packirisamy Mudaliar and another versus Sri Ranganathan Perumal and others Civil Procedure Code (V of 1908), Secs. 11 and 99 Suit for permanent injunction and subsequent suit for return of amount paid by first plaintiff under threats Both suits decreed by common judgment Single appeal fded by aggrieved defendant Plaintiff contending that suit was barred by res judicata, since only one appeal was fded by the defen... 11-Feb-1998 Quick Review

(1998) 2 MLJ 40 (Mad) P.Ambrose versus Punjab National Bank, Thanjavur Civil Procedure Code (V of 1908), Secs.47 and 11, O.34, Rule 17 Scope Suit for passing decree on mortgage No dispute with respect to amount due on mortgage No impediment to pass a final decree straightway No appeal by judgment-debtor against decree-Decree operates as res judicata against judgment-debtor He cannot plead that the decree ... 28-Oct-1997 Quick Review

(1998) 2 MLJ 20 (SC) N.M.Veerappa versus Canara Bank (A) Civil Procedure Code (V of 1908), Sec. 34 and O. 34, Rule 11 Relative scope Mortgage suits O. 34, Rule 11 alone will apply for. 27-Jan-1998 Quick Review

(1998) 2 MLJ 6 (SC) Smt.Bismillah Begum (dead) by Lrs. versus Rahmatullah Khan (dead) by L.Rs (A) Civil Procedure Code (V of 1908), Sec. 100 Second appeal Concurrent findings of fact, held 21-Jan-1998

binding in second appeal.

Quick Review

(1998) 1 MLJ 770 (Mad) Union of India, Owning Southern Railway represented by its General Manager, Madras versus A.Janardhanan and another Railway Claims Tribunals Act (54 of 1987), Sec. 18 Railway Claims Procedure Rules (1989), Rules 3, 4, 44 and Part I, Schedule Civil Procedure Code (V of 1908), Sec.34 Railway accident Claim for compensation Compensation of Rs.2 lakhs ordered Interest at 12% from date of application till date of recovery also ordered Order, held, susta... 20-Feb-1998 Quick Review

(1998) 1 MLJ 768 (Mad) Kuppa Konar versus Panchami Asari and another Civil Procedure Code (V of 1908), 0.21, Rule 57 (Before the Amendment) Execution Petition dismissed on part payment of money by judgment-debtor Order not mentioning that order of attachment shall not continue Order of attachment will continue. 23-Dec-1997 Quick Review

(1998) 1 MLJ 760 (Mad) A.Pauliah versus T.Gnanasigamani Civil Procedure Code (V of 1908), 0.44, Rule 1 Appeal by an indigent person Failing to mention one item of property in application to file appeal as an indigent person Application allowed by court below Upon revision, order of court below set aside Held: Failure to mention even one item of asset will result in dismissal of application. 1-Sep-1997 Quick Review

(1998) 1 MLJ 757 (Mad) Periya Munisamy and others . versus The State of Tamil Nadu and others Land Acquisition Act (1 of 1894), Secs.4(1) and 6 Civil Procedure Code (V of 1908), Sec.151 Land acquisition Writ petition by landowners Interim stay granted But award passed as stay order not communicated to respondents Held, the executing court, when stay order is brought to its notice, can act under Sec.151, C.P.C., and set aside int... 22-Sep-1997 Quick Review

(1998) 1 MLJ 746 (Mad) A.G.Pasupathy versus Mohamed Ismail Civil Procedure Code (V of 1908), Secs. 144 and 151 Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec.10 Order of eviction passed ex parte against tenant Subsequently order set aside After filing of counter landlord not caring to prosecute petition for eviction Petition dismissed for default Landlord obtaining cert... 14-Oct-1997 Quick Review

(1998) 1 MLJ 731 (Mad)

Thanislas and others versus G.Pankiraj Civil Procedure Code (V of 1908), 0.39, Rule 2-A Suit for partition filed Interim injunction restraining defendants from demolishing a building in the suit property passed Order confirmed ex parte -Defendant committing breach of order Ex parte order of injunction set aside Court, held, has jurisdiction to entertain application for conte... 18-Nov-1997 Quick Review

(1998) 1 MLJ 724 (Mad) Swadharma Swarajya Sangha, represented by its Director Mrs.Lalitha Rathunam, Madras versus Indian Commerce & Industries Company (P) Ltd., Madras Civil Procedure Code (V of 1908), O.29, Rule 1-Suit instituted by a Director of Company without authorisation by the Board of Directors Not maintainable. 21-Oct-1997 Quick Review

(1998) 1 MLJ 716 (Mad) Annapoorni Ammal and others versus Appu alias V.V.Venkateswaran (A) Civil Procedure Code (V of 1908), O.21, Rule 2-Payments made by judgment-debtor towards decree Have to be recorded as provided under Rule If adjustment is not recorded Executing Court make enquiry regarding adjustment, take evidence or declare an adjustment. 14-Jul-1997 Quick Review

(1998) 1 MLJ 697 (Mad) Kamala versus Lakshmiammal and another Civil Procedure Code (V of 1908), Sec.96 Appeal posted to certain date Advocate boycotting court on that day Appeal dismissed Application for restoration of appeal-Allowed Order, held, cannot be interfered with. 13-Nov-1997 Quick Review

(1998) 1 MLJ 668 (Mad) Madhya Pradesh Electricity Board, Shakthi Bhavan, Rampur-Jabalpur versus Messrs.Klen and Marshalls, Manufacturers and Exports Limited and another . (A) Civil Procedure Code (V of 1908), O.39, Rule. 1 Suit for injunction to restrain payment under bank guarantee Trial court ordering interim injunction Vacating order after hearing both sides On appeal lower appellate court ordering status quo Held, unless there is an arguable case, status quo should not be ordered Action of the lowe... 12-Dec-1997 Quick Review

(1998) 1 MLJ 665 (Mad) Kannammmal versus Bagyammal Civil Procedure Code (V of 1908), O.19, Rule 2 Affidavit filed in support of petition and not by way of evidence Petition to call person swearing affidavit to appear before court for cross-examination, held, not maintainable. 16-Dec-1997 Quick Review

(1998) 1 MLJ 656 (Mad)

T.N.Sivathanu (deceased) and others versus A.T.Chidambarathanu and others Civil Procedure Code (V of 1908), Sec.47 Execution petition by decree-holder Respondents contending that they are cultivating tenants, so only Revenue court has jurisdiction Execution petition dismissed C. R.P. by aggrieved decrec-holder Held, when the decree of the Civil Court has become final, it is not open to the executing court to go... 4-Sep-1997 Quick Review

(1998) 1 MLJ 635 (Mad) S.D.Inderchand versus Baghavandass Reddiar and another Civil Procedure Code (V of 1908), Sec. 100 Suit on a promissory note Promissory note containing several additions and alterations Suit dismissed by trial court and reversed by Appellate Court Courts below giving two different verdicts on the promissory notes Held; Where the reason given by one court is acceptable to common sense it may be... 2-Dec-1997 Quick Review

(1998) 1 MLJ 626 (Mad) M.Shanmughasundaram . versus N.T.P.Subburaya Chettiar . Civil Procedure Code (V of 1908), 0.41, Rule 27 Application seeking permission to adduce additional evidence Held, cannot be disposed of separately but has to be taken up along with the appeal. 10-Dec-1997 Quick Review

(1998) 1 MLJ 609 (Mad) Divisional Manager, United India Insurance Company Ltd. Cuddalore versus Dulasi Ammal and others (A) Motor Vehicles Act (IV of 1939), Secs.95 and 96 Vehicles hired for carrying goods Accident death or injury to owner of goods or persons travelling in the vehicle Such persons were not carried in pursuance of a contract of employment with the owner of the vehicle. 12-Jun-1997 Quick Review

(1998) 1 MLJ 601 (Mad) Singaravelu Mudaliar and 5 others . versus Lakshmi Ammal Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for permanent prohibitory injunction restraining defendants from interfering with plaintiffs possession Plaintiff raising plea of adverse possession but by failing to prove the same Held the plaintiff having failed to prove adverse possession is not entitled to injunction. 28-Apr-1997 Quick Review

(1998) 1 MLJ 600 (Mad) A.R.Venkatasami Naicker and two others . versus A.R.V.Jaganathan and six others Contract Act (IX of 1872), Sec.37 Civil Procedure Code (V of 1908), 0.22, Rule 4 Suit for specific performance of agreement of sale Defendant dying pending suit Legal representatives of defendant, held, can be brought on record unless there was contrary intention expressed in agreement. 29-Oct-1997 Quick Review

(1998) 1 MLJ 591 (Mad) Rahmathullah Shuthari alias Peer Hazzrath . versus The Muslim Jamath of Eachampatti by its Secretary, Kamal Batcha and others . Civil Procedure Code (V of 1908), Secs.103 and 100 Exhibits marked by defendant during trial Exhibits not considered or even mentioned in judgments of courts below High Court can interfere if the evidence is material Request for remand to trial court negatived. 24-Dec-1997 Quick Review

(1998) 1 MLJ 563 (Mad) Arukkaniammal versus M.Subramaniam and another Civil Procedure Code (V of 1908), 0.21, Rules 58 and 105 Execution petition closed Claim petition filed also closed on the ground that execution petition was not pending Held: Proceedings under claim petition are not dependant upon continuity of execution petition Proceedings under Rule 58 are independent and must be decided like a suit. 21-Nov-1997 Quick Review

(1998) 1 MLJ 519 (Mad) T.E.Haja Maideen and another . versus Moona Abdul Latif (A) Civil Procedure Code (V of 1908), Secs.13(a) and 44-A(2) Foreign decree Defendant permanent resident of Malaysia High Court of Singapore passing a decree on originating summons Court held, had no jurisdiction Decree cannot be executed in a court in India. 25-Nov-1997 Quick Review

(1998) 1 MLJ 487 (Mad) Aseervatham Nadar and others versus Sathiadas and others Civil Procedure Code (V of 1908), Sec.11 Suit for partition by metes and bounds Earlier suit between parties for demarcating properties Held, Demarcation suit is binding on the parties and operates as res judicata. [Paras. 4, 6] 25-Nov-1997 Quick Review

(1998) 1 MLJ 481 (Mad) Swaminathan and another versus Duraisami and others Civil Procedure Code (V of 1908), Sec.152 Plaint and decree sought to be amended belatedly after finality of proceedings in Supreme Court Amendment for the purpose of correcting error in survey member in the schedule of property held: since the mistake is bona fide the amendment can be ordered. 27-Nov-1997 Quick Review

(1998) 1 MLJ 476 (Mad) Muthuvel Nainar versus D.A.Hatheeja Reebi and others specific Relief Act (XLVII of l963), Secs.34 and 35 Civil Procedure Code (V of 1908), O.3, Rule 1 Suit for declaration and injunction Wife filing proceedings in her name in respect of property owned by husband Not expressly authorised to institute proceedings No power of attorney executed to institute proceedings Held: The wife is a str... 28-Oct-1997 Quick Review

(1998) 1 MLJ 468 (Mad) Ramalinga Bajanai Madam by Muthupillai versus Gerart Pappammal and others (A) Civil Procedure Code (V of 1908), Sec.11 Res judicata -Applicability Suit must be between the same parties Bajanai madam, owner of property and in possession of it In earliest suit madam not made a party but persons said to be looking after the interest of the madam made parties Decision in the suit, held, will not bind madam. 7-Nov-1997 Quick Review

(1998) 1 MLJ 459 (Mad) The Land Acquisition Officer-cum-Revenue Divisional Officer, Tirunelveli versus Swaminatha Mudaliar and others (A) Land Acquisition Act (I of 1894), as amended by Act (LXVIII of 1984), Secs.23(1-A) and 28 Possession of land handed over to Government long prior to notification under Sec.4(1) Additional amount at 12% per annum is payable on market value from date of possession. 24-Oct-1997 Quick Review

(1998) 1 MLJ 458 (Mad) Dhanalakshmi and others versus G.Mouna Gurusami Naicker and others Civil Procedure Code (V of 1908), Sec.115 Petition to condone delay of 5 years 10 months 21 days in representing appeal before lower appellate court-Petition stating that the bundle was missing and the clerk prevented respondent from meeting counsel-Delay condoned by lower appellate court with costs Rs.1,000 On revision, held judicial discretio... 26-Nov-1997 Quick Review

(1998) 1 MLJ 413 (Mad) N.Manoharan versus The Director of Town and Country Planning, Chennai and others Civil Procedure Code (V of 1908), O. 26, Rules 10(2) and 10(3), Sec.115 Suit for declaration of title to property Advocate Commissioner appointed to identify property Commissioner not identifying land in dispute but merely copying sub-division plan Trial Court redirecting Commissioner to identify disputed property Civil revision against ord... 8-Dec-1997 Quick Review

(1998) 1 MLJ 353 (Mad) A.Somasundaram and another versus M/s.Jethanand Chatrumal and others (A) Civil Procedure Code (V of 1908), Sec.9 and O.20, Rule 13 Administration suit Plaintiff filing suit to appoint administrator and to manage properties Preliminary decree passed Subsequently plaintiff challenging suit as not maintainable Contending that only insolvency proceedings are maintainable Held, a suit of a civil nature is not... 27-Mar-1997 Quick Review

(1998) 1 MLJ 338 (Mad) Lakshmi versus Renuka and others Civil Procedure Code (V of 1908), Sec.100 Succession Act (XXXIX of 1925), Sec. 63 Suit for declaration of title to suit property on the basis of a will Lower appellate court upholding genuineness of will and decreeing suit Second Appeal by second defendant/appellant Held, since conclusion about the proper execution of the will arrived at ... 21-Jul-1997 Quick Review

(1998) 1 MLJ 309 (Mad) M.Munusamy versus Sri Vedantha Desikar Devasthanam and others Landlord and Tenant Rights of sub-lessee Civil Procedure Code (V of 1908), Sec.100 Suit for recovery of possession and arrears of rent by Public Temple Property Sub-let by first defendant/lessee to defendants 2 and 3 Suit by temple decreed Appeal against judgment by third defendant dismissed Concurrent judgment Held, when the first ... 5-Aug-1997 Quick Review

(1998) 1 MLJ 305 (Mad) Kumar alias Selvakumar and another versus P.B.Thirunavukkarasu Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec. 10 Civil Procedure Code (V of 1908),O.9, Rule 17. 29-Aug-1997 Quick Review

(1998) 1 MLJ 303 (Mad) Tirupattur Nagarathu Vysiyargal Sangam, (Registered under the Societies Registration Act), tirupattur Town, N.A.District versus Tirupattur Periyakulam Nandavanam Inam Land Tenants Association, Tirupattur Town, N.A.District Civil Procedure Code (V of 1908), Secs. 92 and 115 Leave to institute suit Petitioners contending that they were not heard before leave was granted Held, notice to defendant before granting leave is not necessary A civil revision against such art order will not lie Petitioners directed to apply for revocation for leave. 13-Aug-1997 Quick Review

(1998) 1 MLJ 256 (Mad) K.Santhanam versus D.Radhakrishnan and others Civil Procedure Code (V of 1908), O.33, Rules 2 and 5(a) and 0.44, Rule 1 Person filing petition to file appeal as an indigent person Failing to mention retirement benefit of Rs.80,000 in affidavit Contending that he spent the amount spent for the marriage of his daughter Particulars of date, amount spent etc. not supplied Petition, held,... 1-Oct-1997 Quick Review

(1998) 1 MLJ 251 (Mad) Rajammal and another versus Sellani Ammal Civil Procedure Code (V of 1908), O. 23, Rule 3 Judgment by consent or default Evidence Act (1 of 1872), Sec.115 Such judgment will operate as effective estoppel between the parties. 21-Apr-1997 Quick Review

(1998) 1 MLJ 231 (Mad) B.Thiagarajan and another versus K.Vedantham Civil Procedure Code (V of 1908), 0.39, Rule 1 Suit for declaration of title and recovery of possession and for mandatory injunction by plaintiff Lower Courts decreeing suit in part Jn second appeal held that the lower Courts were right in law in granting the relief of mandatory injunction The title of 21-Jul-1997 Quick Review

the plaintiff is found in his favour a...

(1998) 1 MLJ 177 (Mad) The Oriental Fire and General Insurance Company Limited, Madras versus J.P. Sahayanathan (Insane) represented by next friend Kribavathy and another Civil Procedure Code (V of 1908), 0.41, Rule 27 Letting in of additional evidence Claim for compensation in motor accident case against owner of vehicle as well as insurance company Insurance company not pleading before tribunal that its liabil- ity was restricted to Rs.50,000 only under Policy of Insurance Policy not produced Petition to... 27-Jan-1997 Quick Review

(1998) 1 MLJ 132 (Mad) N.Dhanalakshmi and others versus S.Eknathan, Proprietor, Eknath Real Estates (A) Letters Patent (Madras) Cl. 12 Expression Suit for land Meaning of Suit for specific performance of agreement to sell land and injunction Alternative prayer for refund of money Held, not suit on land. 18-Sep-1997 Quick Review

(1998) 1 MLJ 129 (Mad) Thankamma and others versus Santhakumari Annua and another Civil Procedure Code (V of 1908), 0.34 Limitation Act (XXXVI of 1963), Art. 137 Mortgage Suit for redemption of Preliminary decree passed on 12.7.1977 Appellate court modifying preliminary decree on 23.2.1983 Plaintiff depositing redemption money on 30.9.1985 Application to pass final decree filed on 4.2.1987 Application, held, not ... 30-Jun-1997 Quick Review

(1998) 1 MLJ 118 (Mad) Cheran Transport Corporation Limited, by its Managing Director, Coimbatore versus Marudhammal and others Motor Vehicles Act (IV of 1939), Sec.ll0-D Civil Procedure Code (V of 1908), O.41, Rules 22 and 33 Motor accident Heirs of deceased filing claim petition Petition allowed and compensation awarded Appeal by aggrieved transport corporation No cross-objection filed by claimants claiming enhanced compensation Held claimants cannot claim e... 4-Sep-1997 Quick Review

(1998) 1 MLJ 114 (Mad) Ruckmangathan versus Ramalingam (A) Transfer of Property Act (IV of 1882), Sec.54 Registration Act (XVI of 1908), Sec.17 Sale deed unregistered Ownership of property sold cannot pass. 17-Jul-1997 Quick Review

(1998) 1 MLJ 101 (SC) Heeralal versus Kahyan Mal and others (A) Civil Procedure Code (V of 1908), O.6. Rule 17-Amendment of written statement Suit for 19-Nov-1997

partition Dependants filing written statement admitting that out of 10 properties in A schedule, only three belonged exclusively to them and were not joint family properties Issue framed as to whether the three items are the property of the joint family...

Quick Review

(1998) 1 MLJ 89 (SC) Parsion Devi and others versus Sumitri Devi and others Civil Procedure Code (v of 1908), O.47, Rule 1 Scope and ambit of Expression error apparent on the face of the record Meaning of Error, not self-evident and which has to be detected by a process of reasoning not error apparent on the face of the record. 14-Oct-1997 Quick Review

(1998) 1 MLJ 76 (SC) Malkiat Singh and another versus Joginder Singh and others Civil Procedure Code (V of 1908), O.9, Rule 13 Counsel reporting no instructions Court passing ex parte decree on 8.2.1992, without issuing any notice to the party (appellants) Appellants coming to know of ex. parte decree only on approaching the counsel on 6.6.1992 filing application to set aside ex parte decree within four days of knowle... 2-Dec-1997 Quick Review

(1998) 1 MLJ 62 (SC) Dwarikesh Sugar Industries Ltd . versus Prem Heavy Engineering Works (P) Ltd. and another (A) Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Beneficiary of Bank guarantee wanting to enforce guarantee Circumstances in which court am give injunction restraining him from enforcing guarantee In the absence of fraud on part of beneficiary being established, Court, held, should not grant injunction. 7-May-1997 Quick Review

(1998) 1 MLJ 51 (Mad) Duraisamy versus S.Simon Civil Procedure Code (V of 1908), O.20, Rule 18 Suit for partition and for mesne profits Preliminary decree providing for enquiry with regard to mesne profits No such enquiry held Final decree passed Plaintiff taking delivery of possession subsequently Plaintiff then filing application for accounts and mesne profits Held, where there ... 25-Sep-1997 Quick Review

(1998) 1 MLJ 50 (SC) Kshitish Chandra Purkait versus Santosh Kumar Purkait and others Civil Procedure Code (V of 1908), Sec.100 (as amended by Act CIV of 1976) Second appeal Scope of Held, High Court should formulate the substantial question of law involved in the case Opposite party should he put on notice thereon Case must involve substantial question of law and not mere question of law. 7-May-1997 Quick Review

(1998) 1 MLJ 49 (Mad) Vellaya Gounder and another versus A.P.Ramalingam

Civil Procedure Code (V of 1908), O.22, Rule 10 Scope and applicability Suit for specific performance of sale agreement Decreed ex parte Application by defendant to set aside ex parte decree Pending proceedings suit property sold Defendant died Application by purchasers to implead themselves dismissed Civil Revision Petition by agg...

5-Nov-1997 Quick Review

(1998) 1 MLJ 34 (Mad) Vasudeva Naicker (Died) and others versus T.A. Madhavan and others (A) Hindu Law Joint family Partition Suit for partition Defendant contending that plaintiff liable to pay 9/32 share for joint family debts also Preliminary decree for partition passed, making plaintiff liable to pay 9/32 share of debts Appeal by defendants regarding disallowed portion of debts Held, all the debts incurred for joint f... 24-Oct-1997 Quick Review

(1998) 1 MLJ 34 (SC) Shanti Rani Das Dewanjee (Smt.) versus Dinesh Chandra Day (Dead) by L.Rs. Civil Procedure Code (V of 1908), O.8, Rule 6-A Application for counter-claim after written statement had been filed in suit Maintainable provided cause of action for filing counter-claim had arisen before or after institution of suit and continued till the filing of the written statement. 18-Sep-1997 Quick Review

(1998) 1 MLJ 27 (Mad) L.Narayanan Chettiar, AL. Pertanan Shanmugham versus R.M. Loganathan and AL.Lakshmanan (A) Civil Procedure Code (V of 1908). O.21, Rule 97 Decree-holder purchasing property in Court auction Put in possession Third party objecting to handing over of property and filing application to Court Decree-holder taking part in enquiry thereon without objecting to maintainability of application Cannot contend in appeal that finding of... 2-Apr-1997 Quick Review

(1998) 1 MLJ 3 (SC) Sati Rani Sen (SMT) versus Indian Standard Casting Co and another Civil Procedure Code (V of 1908), Sec.144 andO.39, Rules 1 and 2 Status quo order and interim injunction restraining appellant from disturbing possession of I .S passed Appellant filing suit without impleading I.S obtaining ex parte decree and taking possession in executing of that decree Act, held is an abuse of process of court I.S.... 17-Mar-1997 Quick Review

(1998) 1 MLJ 1 (SC) Punjab State Electricity Board and another versus Ashwani Kumar Civil Procedure Code (V of 1908), Sec.9 Supply of electrical energy cut off to respondent on suspicion that his meter has been tampered with meter reinstalled but respondent directed to pay Rs.1,90,498 Remedy against action provided under Electricity Act and Electricity (Supply) Act Respondent, held, cannot seek remedy in a Civil court. 14-Mar-1997 Quick Review

(1997) 2 MLJ 662 (Mad)

Rangaswamy alias Govindaram (died) others versus The Deputy Collector (Revenue)-Cum-Land Acquisition Officer, Pondicherry (A) French Code Civil, Art.2262 Applicability to cases arising under Land Acquisition Act (I of 1894) Limitation Act (XXXVI of 1963), Secs. 5 and 29(2) and Art.122 Civil Procedure Code (V of 1908), Sec.151 and O.47, Rule 1 Appeals to High Court from orders of Sub Court, Pondicherry on compensation in land acquisition cases. High Court, whil... 30-Apr-1997 Quick Review

(1997) 2 MLJ 653 (Mad) L.Srinivasan Chettiar versus L.Santhanam Chettiar Civil Procedure Code (V of 1908), Sec.75 and O.26, Rule 10 Suit for partition Commissioner appointed to measure the properties and recommend allotment Commissioners report found unsatisfactory Court appointing a new Commissioner Order, held, cannot be interfered with. 12-Apr-1997 Quick Review

(1997) 2 MLJ 625 (Mad) Karuppusamy Pillai and others versus Swami Subramania Chettiar Civil Procedure Code (V of 1908), Secs.4 and 94, O. 39, Rules 1 and 2, O. 43, Rule l(r), Sec.104 Specific Relief Act (XLVII of 1963), Secs.36 and 37 Special Right to get injunction Appealable under O. 43, Rule l(r), C.RC. Letters Patent, Clauses 15 and 44 Letters Patent Appeal against appellate order will not lie. 22-Aug-1997 Quick Review

(1997) 2 MLJ 576 (Mad) Vasantha and others versus M.Senguttuvan (A) Specific Relief Act (XLVII of 1963), Secs.16 and 20 Suit for specific performance of agreement for sale Plaintiff must be ready and willing to perform his part of contract continuously from date of agreement upto date of hearing Having sufficient funds will not show willingness Even if plaintiff proves all ingredients, he cannot claim s... 30-Jun-1997 Quick Review

(1997) 2 MLJ 556 (Mad) Vangalaveeran versus Rajendran and others (A) Civil Procedure Code (V of 1908), O.21, Rule 54(3) Property attached on haser5.6.1986 Property transferred to third parties without consideration by Judgment-debtor After decree, proper, of purchase attached on 3.2.1994 Purchaser contending that sale being prior to attachment on 3.2.1994, attachment effected on 3.2.1994 was illegal Or... 30-Jul-1997 Quick Review

(1997) 2 MLJ 537 (Mad) John Sylem versus Chanthanamuthu Pillai and another (A) Evidence Act (I of 1872), Sec.33 Evidence of witnesses recorded before a party is impleaded as additional defendant Have to be examined in proceedings again unless plaintiff proves that they one dead, they could not be found, they are incapable of giving evidence or their presence could not be obtained without an amount of delay or expense. 3-Jun-1997 Quick Review

(1997) 2 MLJ 533 (Mad) Adimoolan Mudaliar versus P.L.Unnamalai Achi and others Civil Procedure Code (V of 1908), O. 21, Rules. 35(3) and 97 Scope Person claiming derivate title from judgment debtor resisting execution of decree Obstruction can be removed Person setting up right title or interest in the property de hors the judgment-debtor resisting execution Obstruction can be removed after enquiry Application ... 14-Jul-1997 Quick Review

(1997) 2 MLJ 516 (Mad) Adaikam Ambalam versus P.Renuka Devi (A) Civil Procedure Code (V of 1908), Sec.107, O.6, Rule 17 and O.64, Rule 1 Suit for permanent injunction restraining defendant from putting up any construction on suit property Application for interim injunction, dismissed Appeal against order pending in appellate court Application for amendment of plaint in appellate court Not maintain... 30-Jul-1997 Quick Review

(1997) 2 MLJ 461 (Mad) S.Jaganathan Rao and four others versus M.G. Vital Rao (A) Civil Procedure Code (V of 1908), O.22, Rules 3, 4 and 5 Joint decree passed against all defendants Appeal Two of the appellants dying Applications of legal representatives of deceased appellants to bring them on record dismissed-Appeal, Held abates as a whole. 17-Dec-1996 Quick Review

(1997) 2 MLJ 449 (Mad) Asirvadam Samuel Nadar versus Raja Jothi and another (A) Indian Christian Marriage Act (1872), Secs.4 and 5 Parties belonging to christian Religion Registered documents Stating that both of them living as husband and wife for six months prior to that date And co-habitating and that that relationship has to be recorded by executing the document Stating further that thereafter they will cohab... 30-Jun-1997 Quick Review

(1997) 2 MLJ 389 (Mad) V.P. Venkataswami Chettiar versus A.Mariasusai and five others Civil Procedure Code (V of 1908), O.21, Rule 89 Application by third party to set aside auction Limitation for Limitation Act (XXXVI of 1963), Sec.17(1) and Art. 127 No proof of fraud No averment when parties -discovered the fraud Limitation is 60 days from date of auction Exemption under Sec.17(1) cannot be claimed Person claiming ... 26-Jun-1994 Quick Review

(1997) 2 MLJ 385 (Mad) M.S.Nadar alias Subramaniya Nadar versus S.Saraswathi Civil Procedure Code (V of 1908), O.32, Rule 15 Application under Stage for Plaintiff in suit examining himself During cross-examination, not giving answers properly Wife filing petition under O.32, Rule 15 to be appointed guardian of plaintiff Application at that stage, held, not maintainable Averments in affidavit of wife, held, not... 14-Jun-1997 Quick Review

(1997) 2 MLJ 381 (Mad) M.N.Rajaraman versus Revenue Divisional Officer, Kumbakonam Land Acquisition Act (I of 1894), Secs.23, 26, 28 and 34 Civil Procedure Code (V of 1908), 0.21, Rule 1 Land of petitioners acquired by Government Court awarding compensation on reference made to it Amount awarded deposited into court Right of petitioners to appropriate the amount deposited towards interest and costs and claim additional... 4-Jul-1997 Quick Review

(1997) 2 MLJ 320 (Mad) Ameena Bi (deceased) and others versus Ameer Bi and others Civil Procedure Code (V of 1908), O.23, Rule 1(3) Suit for injunction Defendants contending that plaintiff had no title and claiming to be in possession Plaintiffs application to amend plaint seeking declaration of title and recovery of possession dismissed Decree for injunction given by trial court but suit dismissed in appeal During seco... 21-Mar-1997 Quick Review

(1997) 2 MLJ 307 (Mad) S.Krishna Gounder (Died) and others versus Janakiammal (Died) and others (A) Civil Procedure Code (V of 1908), Sec. 11 Res judicata Plaintiff and first defendant codefendants in prior suit Question in that suit was^vhether the properties were self-acquired properties of plaintiff Plaintiff admitting that he had executed sale deed in favour of 1st defendant in later suit in respect of some items In subsequent... 21-Mar-1997 Quick Review

(1997) 2 MLJ 283 (Mad) Food Corporation of India, represented by its Regional Manager, Madras versus The Thiruvalangadu Agricultural Service Co-operative Society Limited, Thiruvalangadu, Tanjavur Civil Procedure Code (V of 1908), Sec.100 Concurrent findings of fact by courts below Cannot be interfered with in second appeal. 1-Jul-1997 Quick Review

(1997) 2 MLJ 228 (Mad) Somasundaram versus Thangaraju Letters Patent (Madras), Clause 44 Civil Procedure Code (V of 1908), Sec. 104, 0.43, Rule 1(J) and 0.21, Rules 72 and92 Civil Miscellaneous Appeal against order setting aside or refusing to set aside a sale, heard by a single Judge No further appeal will lie in the matter. 16-Jul-1996 Quick Review

(1997) 2 MLJ 199 (Mad) Ramesh Enterprises and another versus Arulmigu Ekambaranathar Thirukoil, Kancheepuram represented by its Executive Officer, M.Radhakrishnan (A) Civil Procedure Code (V of 1908), O.1, Rule 9 Suit for recovery of possession Plaintiff contending that defendants 4 and 5 who were sub-tenants under first defendant attorned to plaintiff Trial court and appellate court holding that they continued to be tenants under 1st defendant Second 14-Feb-1997 Quick Review

appeal by defendants 4 and 5 not making 1st defen...

(1997) 2 MLJ 191 (Mad) M.V.P.B. Nammalwar versus The Commissioner, Hindu Religious and Charitable Endowments (Admn.), Madras (A) Civil Procedure Code (V of 1908), Sec. 11 Res judicata Question of jurisdiction decided in prior proceedings Will not be res judicata in a subsequent proceedings Hindu Religious and Charitable Endowments Act (II of 1927) Question of applicability of Act decided under Held not res judicata in subsequent proceedings under Tamil Nad... 17-Apr-1997 Quick Review

(1997) 2 MLJ 189 (Mad) T.Leonard Thangaprakasam versus C.Ramaian Civil Procedure Code (V of 1908), O.8-A Scope and applicability Plaintiffs suing defendant on promissory note Defendant denying executing of promissory note Defendant not claiming indemnity or contribution from party to be added Recourse to O.8-A, held cannot be had. 15-Apr-1997 Quick Review

(1997) 2 MLJ 149 (Mad) M/s.Ganesh Agencies and another versus O.R. AbdulRahim and another Civil Procedure Code (V of 1908), O.22, Rule 4-A Death of respondent Petitioner knowing it Advocate representing Plaintiff in lower court not intimating death of respondent to advocate in High Court Petition filed by petitioner to condone delay in filing petition for bringing legal representative of respondent on record, held, has to be all... 31-Jan-1997 Quick Review

(1997) 2 MLJ 138 (SC) Dinesh Mathur versus O.P. Arora and others Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Interim injunction Grant of Duty of court Appellant taking premises on perpetual lease and conducting business there for about 60 years, acquiring a goodwill Injunction granted on ground that he had not obtained prior permission of commissioner Order, held, cannot be sustained. 11-Apr-1997 Quick Review

(1997) 2 MLJ 137 (SC) Dhanna Singh and others versus Baljinder Kaur and others Civil Procedure Code (V of 1908), O.18 Suit for permanent injunction Restraining defendant from alienating any specific portion of the suit property etc. In spite of several opportunities, defendant not adducing any evidence His evidence foreclosed Alinees from defendant impleaded as a party filing petition for adducing evidence Petition ... 4-Apr-1997 Quick Review

(1997) 2 MLJ 136 (Mad) Sokkuthai Animal and another versus Pandiaraj and others (A) Deed Construction Rules of Intention to be ascertained from words used in deed Words 19-Dec-1996

plain and unambiguous Should be given effect in light of evidence of surrounding circumstances If ambiguous, intention to be ascertained from contents of deed and extrinsic evidence adduced.

Quick Review

(1997) 2 MLJ 135 (SC) The Sree Narayana Dharmasangham Trust versus Swami Prakasananda and others Civil Procedure Code (V of 1908), O.47, Rule 1 Constitution of India (1950), Art. 136 High Court, in revision setting aside order of Appellate Authority and giving certain directions Special Leave Petition filed in Supreme Court dismissed After dismissal, revision petition in High Court to review its order, held, not maintainable Even dis... 9-Apr-1997 Quick Review

(1997) 2 MLJ 128 (Mad) K.S.Alagarsamy versus P.Natarajan and another Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Suit for declaration of suit property as common lane and grant of permanent injunction restraining defendant from putting latrine etc. in that lane Suit decreed but remanded on appeal Defendant putting up septic tank, latrine etc., in the lane during absence of plaintiff P... 10-Jan-1997 Quick Review

(1997) 2 MLJ 128 (SC) Brahmdeo Chaudhary versus Rishikesh Prasad Jaiswal and another Civil Procedure Code (V of 1908), O.21, Rules 35. 97 and 99 Stranger to scope and applicability decree disputed premises Offering resistance to execution of decree Has a right to get his claim adjudicated without being dispossessed. 22-Jan-1997 Quick Review

(1997) 2 MLJ 122 (Mad) S.Nagamanickam versus M/s.Gopalakrishnan & Brothers (A) Tamil Nadu City Tenants Protection Act (III of 1922), Sec. 9 Tenants petition under Entire area of land covered by superstructure but most of it not used Mere existence of superstructure, held, will not enable him to purchase the property. 18-Feb-1997 Quick Review

(1997) 2 MLJ 115 (Mad) Union of India represented by Chief Secretary, Union, Territory of Pondicherry, Pondicherry and others versus S.Kalidas Civil Procedure Code (V of 1908), Sec.9 Pondicherry Scheduled Commodities (Regulation of Distribution by Card System) Order, 1975 Fair price shops being allotted by Director of Civil Supplies Father of plaintiff originally allotted a fair price shop On his death, his legal representatives permitted to run it as a temporary measure Suit by... 7-Feb-1997 Quick Review

(1997) 2 MLJ 107 (SC)

Hanamanthappa and another versus Chandrashekharappa and others Civil Procedure Code (V of 1908), O.7, Rule 10-A Plaint returned for want of territorial jurisdiction Plaintiff making new averments and representating plaint in Court having jurisdiction Objection that plaint has been amended without seeking permission of court Negatived. 3-Feb-1997 Quick Review

(1997) 2 MLJ 106 (SC) Jaywantraj Punamiya and others versus M/s.H.Choksi and Co. Pvt. Ltd Civil Procedure Code (V of 1908), O.22, Rule 3 Compromise memo stating that one M has been appointed to sell some property Compromise contingent on action of M Compromise, held cannot be recorded. 3-Feb-1997 Quick Review

(1997) 2 MLJ 79 (Mad) Tamil Nadu Electricity Board represented by its Superintending Engineer, Vellore Electricity System, Vellore-6 versus A.Krishnan, Lineman Grade I (O & M) Vellore Electricity System, Vellore-6 (A) Civil Procedure Code (V of 1908), Sec.9 Industrial Disputes Act (XIV of 1947), Sec.l8 (1) Settlement under, entered into between a manage- ment and workers Union Suit to enforce Right claim based on terms and conditions contained in settlement and right to seniority-Claims, held, cannot be civil right, to be enforced by ordinary civil ... 20-Nov-1996 Quick Review

(1997) 2 MLJ 78 (Mad) Faiz Mohideen versus M/s. M.S.Sreeramulu Chetty and Company Civil Procedure Code (V of 1908), Secs.37, 47 and 99-A Decree passed by Sub Court Transferred to District Munsifs Court Execution petition also transferred A nother execution petition filed in District Munsif Court even before Certificate was issued by transferor court Court which passed a decree held includes transferees Court also Ex... 3-Feb-1997 Quick Review

(1997) 2 MLJ 57 (Mad) K.M.M. Kadar Hussain versus O.M.R. Selvaraj and others Civil Procedure Code (Vof 1908), O.41, Rule 31 Judgment of Appellate Courts Contents Court, held must raise points for determination which arise for decision. 20-Mar-1997 Quick Review

(1997) 2 MLJ 56 (SC) Municipal Council, Mandsaur versus Fakirchand and another Civil Procedure Code (V of 1908), O.22, Rules 1 and 4 Suit for injunction by three brothers claiming to be owners of joint Hindu family property Decreed-Appeal One of the respondents dying Legal representative not brought on record Even assuming that it was co-parceners property, no indication that any one of the brothers was acting as ka... 6-Feb-1997 Quick Review

(1997) 2 MLJ 52 (SC)

M/s.New Kenilworth Hotel (P) Ltd. versus Orissa State Finance Corporation and others Civil Procedure Code (V of 1908), Secs.2(9), 4(1), 104(1) and 104(2), O.39, Rule 1, O.43, Rule l(r) Letters Patent (Orissa), Clause 10 Suit for declaration and permanent injunction restraining the Orissa State Financial Corporation from disturbing the possession of Plaintiff Interim injunction sought Trial court ordering status quo Sin... 20-Jan-1997 Quick Review

(1997) 2 MLJ 44 (SC) M.L. Mubarak Basha and others versus Munni Naidu Civil Procedure Code (V of 1908), O.21, Rule 66 Scope and applicability Court sale Court directing Commissioner to fix upset price Commissioner fixing it Rule, held, not infracted. 6-Jan-1997 Quick Review

(1997) 2 MLJ 37 (SC) S.Jamaldeen and others versus High Court of Madras and others (A) Tamil Nadu State Judicial Service Rules, Rules 2(b) and 2(10) Expressions appointed to the service in Rule 2(b) and member of the service in Rule 2(10) Meanings of Direct recruits selected by Tamil Nadu Public Service Commission for posts of District Munsifs, held appointed to service only when they discharged for the first time the d... 20-Mar-1997 Quick Review

(1997) 2 MLJ 36 (SC) R.P.A. Valliammal versus R.Palanichami Nadar and others Civil Procedure Code (V of 1908), Sec.47, Explanation 1 added by Act (104 of 1976), O.21, Rules 64 and 93 Petitioners mother filing application to set aside execution sale of two items of properties Dismissed and order becoming final On mothers death petitioner filing application under Sec.47 contending inter alia that sale of two items of... 3-Feb-1997 Quick Review

(1997) 2 MLJ 27 (Mad) Sudhir V. Joshi versus E.Kanniappan and another 18-Feb-1997 (A) Interpretation of Statutes Fiscal enactments Principles for construction of. Quick Review

(1997) 2 MLJ 27 (SC) Panchugopal Barua and others versus Umesh Chandra Goswami and others (A) Civil Procedure Code (V of 1908), Sec. 100 (as amended by Act (104 of 1976) Second appeal Existence of substantial question of law is sine qua non for exercise of jurisdiction High Court, held, cannot entertain second appeal on a point neither pleaded nor canvassed in the lower courts. 12-Feb-1997 Quick Review

(1997) 2 MLJ 23 (Mad) M.K.Varappan versus Sri Lakshminarayana Venugopalaswamy Temple by its Executive Officer, Coimbatore

(A) Registration Act (XVI of 1908), Secs.17 and 49, Proviso Unregistered rent deed Held, can be referred to for collateral purposes.

14-Nov-1996 Quick Review

(1997) 2 MLJ 13 (SC) Lal Chand versus VIIIth Additional District Judge and others (A) Civil Procedure Code (V of 1908), O. 21, Rule 72 Decree-holder bidding in auction sale of the property without prior permission of court Sale held was violative of O. 21, Rule 72. 21-Feb-1997 Quick Review

(1997) 2 MLJ 8 (Mad) Arumuga Nadar (died) and others versus Subbulakshmi Ammal Civil Procedure Code (V of 1908), Sec.100 Second Appeal Notice terminating tenancy issued by landlord on 13.5.1976 Plaintiff proving through evidence of witness that notice was tendered to the tenant on 15.5.1976 Trial court and first appellate court believing evidence of witness and finding that notice was finding of fact, held, cannot be ... 25-Mar-1997 Quick Review

(1997) 2 MLJ 4 (SC) Smt.Yallawwa versus Smt.Shantavva (A) Civil Procedure Code (V of 1908), O. 9, Rule 13 and O. 43, Rule 1(d) Ex parte decree of divorce granted Application to set aside ex parte order dismissed Revision against that order will not lie Appeal against such order maintainable High Court, held, can reappreciate facts and interfere. 8-Oct-1996 Quick Review

(1997) 2 MLJ 2 (Mad) Govindaraj versus Shanmugham and others . Civil Procedure Code (V of 1908), O.13, Rules 1 and 2 Plaintiff filing petition to receive a lease deed as one of the documents in support of his claim Trial court finding it relevant for the purpose of the case but allowing application on payment of costs of Rs. 2,000 costs, held should not be excessive or onerous, harsh or oppressive No rea... 7-Mar-1997 Quick Review

(1997) 2 MLJ 1 (SC) United Bank of India versus Naresh Kumar and others Civil Procedure Code (V of 1908), O.6, Rule 14, O.29, Rule 1 and O.41, Rule 27(1)(b) Plaint duly signed and verified by a competent person Suit by company Person signing pleadings on behalf of company, whether competent to sign it Question, how to be decided Appellate courts duty. 18-Sep-1996 Quick Review

(1997) 1 MLJ 685 (Mad) S.Jayanthi versus S.Jayaraman (A) Hindu Marriage Act (XXV of 1955), Sec.24 Application for interim alimony and litigation expenses 24-Mar-1997

Financial position of opposite party not good Court cannot insist on that party to file written statement.

Quick Review

(1997) 1 MLJ 651 (Mad) E.Devarani and others versus Santhanam Kumar Nadar (A) Tamil Nadu buildings (Lease and Rent Control) Act (XVIII of 1960) Transfer of Property Act (IV of 1882) Rent Control Act, held does not exclude application of Transfer of Property ACt Completely. 4-Apr-1997 Quick Review

(1997) 1 MLJ 645 (Mad) Krishna Raj versus Rajasekar and another Guardians and Wards Act (VIII of 1890) Sec. 7 Civil Procedure Code (V of 1908), O.39, Rule 1 Natural father of minor alive and is not alleged to be is not a fit person to be guardian of person and property of minor Petition for custody for maternal uncle and maternal grand-mother cannot claim custody of the minor child unless it is proved by ... 24-Jan-1997 Quick Review

(1997) 1 MLJ 644 (Mad) Subbammal versus Subramaniam and others (A) Registration Act (XVI of 1908), Sec.17 A executing an agreement in favour of S undertaking to convey her share in certain properties either by settlement deed or by release deeds within a certain period. Stipulation in agreement that in case of A s death before executing the settlement deed, her share in the property should go to S E... 19-Jul-1996 Quick Review

(1997) 1 MLJ 642 (Mad) Rama Krishnan versus Lakshmi Animal . Civil Procedure Code (V of 1908), O.9, Rule 13 Setting aside of ex parte decree Application for condonation of delay of 198 days In filing application for Defendant filing affidavit stating that she was suffering from typhoid and jaundice No medical evidence produced Defendant not examining herself as witness to establish her case Lo... 19-Jun-1996 Quick Review

(1997) 1 MLJ 565 (Mad) Chinna Marudachalam and another versus Chinnaiya Gounder alias Renganna Gounder Civil Procedure Code (V of 1908), Secs.151, 152 and O.20, Rule 3 Errors arising from accidental slip in decree or judgment, can be corrected subsequently Decree not drafted in accordance with prayer in plaint-Petition filed to correct error, held, maintainable. 6-Dec-1996 Quick Review

(1997) 1 MLJ 560 (Mad) Muthammal versus Thamburati and others . (A) Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of pleadings when can be allowed 10-Jan-1997

Proposed amendment bringing in view cause of action which is barred by limitation Amendment, cannot be permitted.

Quick Review

(1997) 1 MLJ 558 (Mad) Thangamani Ammal and others versus Ponnusamy and others Civil Procedure Code (V of 1908), Sec. 11 Res judicata Three suits, including, a small cause suit, between the same parties raising a common question, tried together and judgment pronounced in favour of the plaintiff Against decree in small cause suit defendant filing revision before District Court wherein the order of the trial court was co... 30-Aug-1996 Quick Review

(1997) 1 MLJ 543 (Mad) Lakshmi Ammal alias Pinnayel and others versus Pappathi Ammal and another Civil Procedure Code (V of 1908), Sec.96 Appeal Power of appellate court to interfere with findings of trial court Court, held, cannot ignore vital and relevant materials adverted to by trial court It should demolish the reasoning of the trial court before coming to a contrary conclusion. 3-Jul-1996 Quick Review

(1997) 1 MLJ 529 (Mad) Vediammal and others . versus M.Kandasamy and others Civil Procedure Code (V of 1908), Sec.11 and O.8, Rules 6-A to 6-G Suit for declaration of title to 1.17 acres of land Defendants contending thai sale deed in favour of plaintiff was only for one acre 1st defendant claiming Jo be granted possession of 4 cents out of 17 cents which plaintiff had trespassed upon Trial court holding that plain... 7-Feb-1997 Quick Review

(1997) 1 MLJ 490 (Mad) Farisha Beevi and another versus Shamsud Buhari and another Civil Procedure Code (V of 1908), O.40, Rule 1 Appointment of Receiver Grounds for Suit for partition between plaintiff and his sisters Plaintiff giving an undertaking before another court to pay maintenance at Rs. 10, 000 p.m. to his 1st wife Plaintiff unable to pay same Wife having no share in the properties No finding that there wa... 16-Dec-1996 Quick Review

(1997) 1 MLJ 474 (Mad) Gomathi Amma versus Madhusoodanan Nair and another (A) Civil Procedure Code (V of 1908), O.9, R.I3 Summons served on petitioner but she was absent on date of hearing Ex-parte decree passed Application to act aside ex-parte decree Limitation for Starting point. 3-Jan-1997 Quick Review

(1997) 1 MLJ 411 (Mad) T.A.Bavajan versus The Nedungadi Bank, represented by its Branch Manager Tirupathur Town, Tirupattur

Civil Procedure Code (V of 1908), O.21, Rules 37, 38 and 40 Money decree obtained No amount paid subsequent to decree Judgment-debtor avoiding payment Decree holder filing execution petition and praying for arrest and detention of judgment-debtor Notice ordered No representation - Ex parte order of arrest of judgment-debtor made Pro...

10-Oct-1996 Quick Review

(1997) 1 MLJ 410 (Mad) Saraswathi Ammal versus Unnamalai Animal and others Civil Procedure Code (V of 1908), O.23, Rule 1 Civil revision petition Application for withdrawal of with liberty to file fresh suit Not maintainable as petitioner is not plaintiff and petition is not suit. 27-Sep-1996 Quick Review

(1997) 1 MLJ 348 (Mad) M/s.Lakshmi Machine Works Limited, Unit I, represented by its Managing Director, Periyanaickenpalayam, Coimbatore versus M/s.L.M. W. Workers Union represented by its General Secretary Periyanaickenpalayam, Coimbatore Civil Procedure Code (V of 1908), O.39, Rule 1 Suit for permanent injunction by respondent union Restraining management from deducting union subscription from the wages of the respondent Union members Also interlocutory application for interim injunction pending disposal of suit filed Trial court dismissed the application Appeal by resp... 29-Jan-1997 Quick Review

(1997) 1 MLJ 345 (Mad) T.Periasamy Nadar and others versus T.D.Ramasubramaniam (A) Specific Relief Act (XLVII of 1963), Sec/2 -Tamil Nadu Urban Land (Ceiling and Regulation) Act (1976), Sec. 76 Agreement to sell land Permission to sell required from Authority under Tamil Nadu Urban Land Ceiling Act Permission refused Landowner cancelling agreement Subsequent development in law Requirement of permission removed su... 24-Apr-1996 Quick Review

(1997) 1 MLJ 291 (Mad) Krishnammal and another versus Arulmighu Madanagopalaswamy Temple represented by its Executive Officer, Perambalur Civil Procedure Code (V of 1908), O.9, Rule 13 Ex parte decree Setting aside of Application for Party represented by counsel in transferor court Transferee court, held, need not issue notice about transfer of case Fresh summons need not be sent to defendants. 3-Sep-1996 Quick Review

(1997) 1 MLJ 278 (Mad) The Management of The Lakshmi Mills Ltd., versus The Presiding Officer, Labour Court, Coimbatore and another Civil Procedure Code (V of 1908), Sec. 11 Res Judicata Industrial Disputes Act (XIV of 1947), Sec.17-B Petition under Dismissed stating that there was no reason to give any direction since there was no interim stay with regard to reinstatement Second petition for re-instatement, held, not barred. 5-Nov-1996 Quick Review

(1997) 1 MLJ 255 (Mad)

Nilgiri District Janatha Party represented by its Secretary, Uthagamandalam versus A.Rahim and others Civil Procedure Code (V of 1908), Secs. 100 and 107 and O. 1, Rule 8 Suit filed in individual capacity Court can permit plaintiff to sue as representative of a larger group even during the stage of second appeal. 9-Aug-1996 Quick Review

(1997) 1 MLJ 250 (Mad) Poongavanam Animal and another versus Appaswamy Gounder and others (A) Benami Person claiming that deed is benami Onus of proof Discharge of Criterion to be satisfied The test to determine whether transaction is benami is the intention of the parties. 9-Aug-1996 Quick Review

(1997) 1 MLJ 242 (Mad) Krishnan versus Punidham and others . French Code Civil Appeal Filing of Limitation for Starting point Limitation, held, shown only when judgment was notified to party Earlier dismissal of applications for condonation of delay, held, not a bar on party filing appeal if appeal is within period of limitation. 19-Aug-1996 Quick Review

(1997) 1 MLJ 199 (Mad) Puthiavinayagam Pillai .. versus Sivasankaran Pillai . (A) Civil Procedure Code (V of 1908), Sec.96 Appeal Power of appellate court to reappreciate materials on record Scope and ambit of. 18-Sep-1996 Quick Review

(1997) 1 MLJ 186 (Mad) A.M.K.Jambulinga Mudaliar versus Viswanathan and others Civil Procedure Code (V of 1908), O.1, Rule 10(2) Proper or necessary party Suit for partition Injunction order restraining defendants from alienating suit property Petitioner purchasing certain items of suit property from some of defendants while injunction was in force Served with notice for contempt of court for violations of order of ... 24-Sep-1996 Quick Review

(1997) 1 MLJ 161 (Mad) The Church of South India Tirunelveli Diocesan Trust Association, Tuticorin Pastorate Committee through its Chairman versus V.Ponkasamuthu Civil Procedure Code (V of 1908), O.23, Rule 1(3) Suit for bare injunction dismissed by trial court on merits Appeal against decree pending Plaintiff-appellant filing application to withdraw the suit with liberty to file afresh suit Held cannot be permitted as by virtue of the decree, the defendant had acquired a vested right. 3-Dec-1996 Quick Review

(1997) 1 MLJ 146 (Mad)

P.N.Janaki and others versus Kalli Bhaskaran Civil Procedure Code (V of 1908), Sec.96 read with O.41 First appellate court exercising powers under Ambit of exercise of such power It can interfere with decision of trial court both on questions of law and fact. 3-Sep-1996 Quick Review

(1997) 1 MLJ 131 (Mad) Mrs.Vimala versus R.Govindaswamy and others Civil Procedure Code (V of 1908), O.23, Rule 3 Compromise order Revision against Order mentioning that joint compromise memo filed and both parties agreed to award being passed in terms of the memo Statement made in order, held, cannot be disputed before High Court. 16-Oct-1996 Quick Review

(1997) 1 MLJ 127 (SC) Speed Ways Picture Private Limited and another versus Union of India and another Civil Procedure Code (V of 1908), O.47, Rule 1 Review Minutes of order, nature of Minutes order and consent order Distinction between Minutes order, held, can be reversed. 23-Oct-1996 Quick Review

(1997) 1 MLJ 125 (SC) Anokhe Lal . versus Radhamohan Bansal and others Civil Procedure Code (V of 1908), O.1, Rule 10(2) and O.30, Rule 4(1) and (2) Landlords suit for eviction against firm Firm contesting Son of another partner of firm who died filing application to get himself impleaded Application dismissed and revision also dismissed Second application also dismissed Revision against that order pendin... 1-Nov-1996 Quick Review

(1997) 1 MLJ 121 (Mad) K.Govindaraja Mudaliar versus Rajasundaresa Mudaliar and others Civil Procedure Code (V of 1908), 0.21 (1), (2) and O. 41, Rule 23 Suit for declaration Valuation of suit Rs.40,000 Defendants contesting suit on merits and also on its maintainability for want of monetary jurisdiction Objection overrules and suit tried and dismissed Appellate court remanding matter to trial court to forward the papers to... 3-Sep-1996 Quick Review

(1997) 1 MLJ 115 (Mad) P.Duraisamy versus Sri Mahalakshmi Finance by its Managing Partner, K.Marappa Gounder Civil Procedure Code (V of 1908), O.21, Rule 29 Stay of execution of decree Son of judgment debtor filing application putting forth claim in properties sought to be sold Execution, held, has to be stayed. 9-Oct-1996 Quick Review

(1997) 1 MLJ 115 (SC)

R.Lakshmi versus K.Saraswathi Animal Civil Procedure Code (V of 1908), O.9, Rule 13 - Ex-parte decree of divorce passed against wife Husband dying Wifes application to set aside ex parte decree, maintainable. 27-Sep-1996 Quick Review

(1997) 1 MLJ 111 (Mad) Natesa Pillai versus Namasivayam Pillai and others Civil Procedure Code (V of 1908), O.41, Rules 22 and 33 Suit by plaintiff for declaration of title to entire suit property Trial court granting decree only in respect of part of the suit property Appeal by plaintiff No cross-appeal by defendant Held, appellate court cannot modify decree against the plaintiff. 9-Sep-1996 Quick Review

(1997) 1 MLJ 103 (Mad) Subbiah Pannaiyar versus Shanmugavelayudham and others Civil Procedure Code (V of 1908), Sec.9 Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec. 10(1), second proviso Suit for declaration of title and recovery of possession of land and building Building in possession of tenant Civil suit if barred. 13-Aug-1996 Quick Review

(1997) 1 MLJ 95 (Mad) Suriya Narayana Iyer versus Palanichamy Tamil Nadu Agricultural Lands Record of Tenancy Rights Act (X of 1969), Sec. 16-A Civil Procedure Code (V of 1908), Sec.9 Exclusion of civil courts jurisdiction under Sec. 16-A Scope Civil suit for declaration of plaintiffs right to be in possession as cultivating tenant and for conseqential injunction Such suit based on adjudication by... 13-Sep-1996 Quick Review

(1997) 1 MLJ 83 (Mad) Pachaiyammal and another versus Velusami Kandanthaiyar Civil Procedure Code (V of 1908), O.2, Rule 2 Plaintiff filing suit for declaration of his title over certain properties and for permanent injunction Suit decreed declaring title in support all items of suit properties but confining injunction issue of only items 4 and 5 as he was found not in possession of those items Appeal dismissed Plai... 31-Jul-1996 Quick Review

(1997) 1 MLJ 64 (SC) Nabhiraj and others versus Jayavatibai alias Shantha Bai and others Civil Procedure Code (V of 1908), 0.1, Rule Wand 0.23, Rule 1 Suit for declaration of title to land Appellants impleading themselves as respondents In written statement, stating that they reserve their rights to recover their share of compensation amount illegally received by the 1st respondent from court acquiring the land Seeking dismissa... 15-Apr-1996 Quick Review

(1997) 1 MLJ 59 (Mad)

Ramaswamy versus Muthuswamy Gounder and others Civil Procedure Code (V of 1908), O.41, Rule 27(1) (aa) and (b) Suit for partition Plea of earlier oral partition by defendant Defendant producing two mortgage deeds with a prayer to receive them as additional evidence in second appeal Documents found to be relevant for a first decision Prayer allowed Document not duly proved Matter r... 13-Sep-1996 Quick Review

(1997) 1 MLJ 56 (Mad) R.Muthusami versus Abdul Razack, Executive Trustee, Thennur High Road Mosque, Thennur, Trichy -17 Civil Procedure Code (V of 1908), as amended in 1976, O. 41, Rule 17 Counsel for appellant heard in part Proceedings adjourned on his request Later reports No instructions Justification of deciding the appeal on merits without dismissing for default, held O. 41, Rule 17, Civil Procedure Code not attracted in such cases. 20-Aug-1996 Quick Review

(1997) 1 MLJ 48 (Mad) M/s. Diamond Sea Foods Exports, Tuticorin, through its Managing Partner D.Durairaj versus A.M.Nicholas Civil Procedure Code (V of 1908), O.21, Rule 29 Scope Stay of execution of decree under Conditions to be fulfilled. 19-Jul-1996 Quick Review

(1997) 1 MLJ 41 (SC) Comorin Match Industries (Pvt.) Limited versus State of Tamil Nadu (A) Practice and Procedure Validating Acts Legislature amending statute to nullify effect of a decision of the High Court How far permissible Madras High Court holding certain sections of Central Sales Tax Act ultra vires Holding that word turnover will not include excise duty and setting aside a series of assessments Supreme Court h... 16-Apr-1996 Quick Review

(1997) 1 MLJ 40 (Mad) R.Margabandhu versus Sundaravadhanam and others . (A) Civil Procedure Code (V of 1908), Sec. 115 Constitution of India (1950), Art.227(3) Subordinate Court ordering revocation of vakalat of petitioner as the case was to be compromised and fixing fees to be paid to him Petitioner filing revision petition against order claiming higher fees Held, maintainable. 4-Oct-1996 Quick Review

(1997) 1 MLJ 37 (Mad) Pilla Reddy and others . versus Thimmaraya Reddy and others . Civil Procedure Code (V of 1908), 0.9, Rule 7 Scope Partition suit Defendant set ex parte before filing of written statement and proceedings adjourned Defendant can come on the next date of hearing and participate in the proceedings without showing good cause for his non appearance No question of limitation arises Good cause need... 27-Aug-1996 Quick Review

(1997) 1 MLJ 34 (Mad) R.Srinivasan . versus M.Thambusamy (A) Civil Procedure Code (V of 1908), Sec. 152 Relief under Can be invoked to correct survey numbers quoted wrongly Inherent power for trial court to rectify mistake. 4-Jul-1996 Quick Review

(1997) 1 MLJ 22 (SC) Radhey Shyam Jaiswal (dead) and others versus Smt. Ram Dulari Devi and others Civil Procedure Code (V of 1908), Sec.48(l)(a) (as it stood in 16.11.1961) Decree passed on 29.10.1949 Application for execution of that decree filed on 16.11.1961 Application, held, barred by time. 1-May-1996 Quick Review

(1997) 1 MLJ 19 (Mad) Thangavel Udayar versus R.K.Raju Mudaliar 2-Aug-1996 (A) Malicious prosecution Action for Points to be proved in. Quick Review

(1997) 1 MLJ 17 (SC) Motilal Daulatram Bora and others versus Murlidhar Ramchandra Bhutabe (Since deceased) by his L.Rs. and others Civil Procedure Code (V of 1908), Sec. 100 Second appeal Concurrent findings of facts of courts below High Court, held, cannot reappreciate evidence and come to its own conclusion High Court, held, not justified in appointing a commissioner and reversing findings of fact on basis of report of Commissioner. 16-Apr-1996 Quick Review

(1997) 1 MLJ 13 (SC) Bai Shakriben (dead) by Natwar Melsingh and others versus Special Land Acquisition Officer and another Civil Procedure Code (V of 1908), O. 47, Rule 1 and Sec. 151 Land Acquisition Officer determining compensation Amount of compensation increased in reference under Land Acquisition Act, Sec. 18 Appeals by state dismissed Claimants moving reference Court for amendment of decree to award benefit of enhanced amounts under Land Acquisition (Amen... 6-May-1996 Quick Review

(1997) 1 MLJ 2 (Mad) M.Vaidurayamma versus P.Suryanarayana and others . (A) Indian Succession Act (XXXIX of 1925), Sec. 213 Plaintiff claiming property under a will Cannot succeed unless probate or letters of administration of the will has been obtained. 7-Aug-1996 Quick Review

(1996) 2 MLJ 615 (Mad)

N.M.Muthu Gounder (died) and others versus Kalianna Gounder and others Civil Procedure Code (V of 1908), Secs. 152, 153 and 153-A Suit for partition Final decree passed Appeal disposed of by High Court Application to lower court to correct or amend judgment of that court to include, certain property therein Lower Court held, had no jurisdiction to amend final judgment. 30-Aug-1996 Quick Review

(1996) 2 MLJ 609 (Mad) S.Sundaram Pillai and another versus S.Kannan and another Civil Procedure Code (Vof 1908), O.9, Rule 13 and O.17, Rule 3 Scope and applicability Suit for specific performance Suit decreed ex parte Petition to set aside ex parte decree Dismissed Appeal against the order Dismissed Revision by the defendant Allowed. 9-Sep-1996 Quick Review

(1996) 2 MLJ 594 (Mad) Munivel versus Munusamy Mudaliar and others Civil Procedure Code (V of 1908), O.41, Rule 31 Maintainability Judgment does not comply with the provisions No judgment at all. 23-Aug-1996 Quick Review

(1996) 2 MLJ 559 (Mad) Abdul Wahab versus Raman Panickar and 8 others Civil Procedure Code (V of 1908), O.22, Rrs.4 and 5 and O.32, R.1 Suit filed against a dead person or suit in which a minor or lunatic had not been properly represented Decree passed in such suit, held, nullity Further proceedings, in such suit, are ab initio void. 19-Apr-1996 Quick Review

(1996) 2 MLJ 550 (Mad) Kannammal, wife of Arumugam versus Kuppanna Gounder 29-Aug-1996 (A) Civil Procedure Code (V of 1908), Sec.107 Powers of the Appellate Court under. Quick Review

(1996) 2 MLJ 522 (Mad) Andi Janaki versus S.Chelliah Nadar Civil Procedure Code (V of 1908), O.41, Rule 23 Power of remand To be sparingly exercised "Expression Interest of justice does not widen the power of the appellate court Duty of the appellate court before remanding the case Should reverse or set aside the decree of the trial court. 22-Aug-1996 Quick Review

(1996) 2 MLJ 511 (Mad)

Somiah Naidu and two others versus Chinna Boosiammal and four others (A) Practice and Procedure Joint memo filed by counsel, held, to be a valid piece of material binding on the parties. 7-Dec-1995 Quick Review

(1996) 2 MLJ 495 (Mad) Samidurai and others versus Kanakayal Civil Procedure Code (V of 1908), O.18, Rule 3-A Scope and applicability Examination of witnesses Plaintiff in the suit Filing petition seeking permission to examine herself as witness Second plaintiff and one other independent witness examined The provisions of the Code are directory Not necessary to get permission of court. 11-Sep-1996 Quick Review

(1996) 2 MLJ 461 (Mad) Guruswami Gounder versus Kesava Reddiar and another (A) Specific Relief Act (XLVII of 1963), Sec.20 Specific performance Equitable relief of Not every incorrect case pleaded, disentitles plaintiff from seeking relief Plaintiff pleading that he paid a sum of Rs.4,000 without getting receipt on endorsement therefor Plaintiff ready and willing to deposit that amount also if court was not sati... 3-Nov-1995 Quick Review

(1996) 2 MLJ 444 (Mad) Rajendran and another versus Ramanuja Reddiar (A) Civil Procedure Code (V of 1908), Sec. 100 Second appeal Concurrent findings of fact by lower courts Judgment not suffering from any patent error of law or perversity of approach Materials assessed properly and meticulously Findings not vitiated by total want of evidence, High Court, held cannot interfere with finding. 18-Apr-1996 Quick Review

(1996) 2 MLJ 377 (Mad) Janaki Ammal versus Ganapathi Konar and others (A) Execution Suit for declaration of title and other reliefs against Three defendants During trial one of the defendant was removed from the array of parties Suit decreed Execution proceedings taken Obstruction petition Petition by the defendant who was removed Alleging that he is entitled to one half of the property Allowed Re... 3-May-1996 Quick Review

(1996) 2 MLJ 373 (Mad) E.Vannachi alias Chellammal and another versus Chelliah Kone and others (A) Tamil Nadu Civil Court and the Madras City Civil Court (Amendment) Act (28 of 1995), Sec.4 Transfer of proceedings from one court to another for want of jurisdiction. 19-Jul-1996 Quick Review

(1996) 2 MLJ 337 (Mad)

Prabhakar (Minor) represented by his father and next friend Muthu and another versus Dhanalakshmi Ammal Civil Procedure Code (V of 1908), O.33, Rule 1-Petition to institute a suit as indigent person By the father and next friend of the minors on behalf of minors Father owning properties of his own Petition rejected Appeal against that order Dismissal. 24-Apr-1996 Quick Review

(1996) 2 MLJ 334 (Mad) S.Nagarajan versus Mariammal and another Civil Procedure Code (V of 1908), Order 1, Rule 10 (2) Plaintiff filing suit claiming title to property and for mandatory injunction against Municipality for changing house tax records for suit property in plaintiffs name Party claiming suit property to herself exclusively under a settlement deed, held proper party and should be added as party ... 3-May-1996 Quick Review

(1996) 2 MLJ 315 (Mad) K.Balu versus K.Karmegam Civil Procedure Code (V of 1908), Sec. 115 and O.5. Rule 20 Plaintiff filing money suit Substituted service effected after suit summons were refused twice by defendant Thereafter ex parte decree passed Defendant filing petition for setting aside ex parte decree Courts below declining to set aside ex partedecree Revision against that ord... 14-Mar-1996 Quick Review

(1996) 2 MLJ 267 (Mad) Ramasami versus Krishnasami alias Krishnan and others (A) Sale Deed Validity Whether Sham or benami Tests Held on facts that the impugned sale deed was not sham and hence valid title passed under it. if Ex.A-2 sale deed executed by NG, father of the plaintiff, in favour of defendant-1 is a sham transaction not intended to come into effect the title deed can only be with the plaintiff or wit... 27-Feb-1996 Quick Review

(1996) 2 MLJ 259 (Mad) Thirumangai Naidu versus R.Srinivasan and others (A) Civil Procedure Code (V of 1908), Sec.11 Res Judicata Prior suit for declaration of title and recovery of possession Decreed and appeal and second appeal dismissed Subsequent suit for permanent injunction restraining decree-holder from interfering with her possession Trial court and lower appellate court holding that suit was barred b... 5-Jan-1996 Quick Review

(1996) 2 MLJ 257 (Mad) Soosairaj versus The State of Tamil Nadu, represented by its District Collector, Pudukottai and another (A) Civil Procedure Code (Vof 1908), O.41, Rule 23 Scope and applicability Order of remand Duty of the appellant court Should first come to a conclusion that the decision of the trial court is liable to be reversed. 10-Apr-1996 Quick Review

(1996) 2 MLJ 240 (Mad)

O.M.S. Abdul Basith Alim Sahib versus S.S.Mohamed Ali Civil Procedure Code (V of 1908), O.6, Rule 17 Plaint Amendment of Suit originally filed for bare injunction Amendment of the plaint sought for recovery of possession Allegation that the petitioner is the muthavalli of the wakf and the respondent is the tenant Held that the amendment sought for is totally a new cause of action and a new... 2-Jul-1996 Quick Review

(1996) 2 MLJ 149 (Mad) M.Murugesa Naicker (died) and others versus M.Sadayappa Naicker and others (A) Hindu Law Joint family properties Plaintiff stating that certain property is joint family property Defendant stating that there is no joint family property at all Burden of proving that property is joint family property is on plaintiff. 18-Mar-1996 Quick Review

(1996) 2 MLJ 142 (SC) Pattam Khader Khan versus Pattam Sardar Khan and another Civil Procedure Code (V of 1908), O. 21, Rules 92, 94, 95, Sec. 65 Court auction sale of property Application for delivery of possession Limitation under Limitation Act (XXXVI of 1963), Art.134 Starting point Sale becomes absolute on confirmation Application under O. 21, Rule 95 does not require filing of certificate of sale along wit... 9-Jul-1996 Quick Review

(1996) 2 MLJ 135 (SC) Osman Umar versus Malal Alibhai Nathu and others Civil Procedure Code (V of 1908), Sec.11 Resjudicata Earlier award granted to parties in 1928 Suit based on that dismissed Sanad given to all the jamats in 1947 Suit for permanent injunction filed on basis of subsequent sanad Earlier suit, held, does not operate as res judicata to bar the later suit. 7-Feb-1996 Quick Review

(1996) 2 MLJ 130 (SC) Singhai Lal Chand Jain (dead) versus Rashtriya Swayam Sewak Sangh, Panna and others (A) Civil Procedure Code (V of 1908), O.1, Rule 8, Clause (b) and Sec. 11 Explanation VI Suit for possession against Rashtriya Swayam Sewak Sangh represented by Manager, President and a member Dismissed On appeal. High Court granted decree Special Leave Petition filed in Supreme Court dismissed Decree become final Non-obtaining of per... 15-Feb-1996 Quick Review

(1996) 2 MLJ 117 (SC) Mukhtiar Ahmed versus Smt.Husan Bano and others Civil Procedure Code (V of 1908), Sec.11 Res judicata In an earlier suit by a co-sharer, appellant was held entitled to only l/5th share in a house Appellants later suit for declaration of 2/3 rd share in the house, held barred by res judicata. 14-Feb-1996 Quick Review

(1996) 2 MLJ 116 (SC) Surinder Kumar and another versus Ishwar Dayal and another Civil Procedure Code (V of 1908), O.21, Rule 32 Decree for perpectual injunction passed against the appellants restraining them from opening a window in the common wall 1/2 feet thick Appellants constructing new wall 9" wide in their own land and opening a window Decree passed earlier, held, cannot be enforced in execution. 2-Feb-1996 Quick Review

(1996) 2 MLJ 88 (Mad) Ramasami Padayachi and others versus Pavadai Sami Padayachi (died) and others Civil Procedure Code (V of 1908), O.22, Rule 10-A Scope of Death of a party to the proceeding Obligation of the pleader of such party to inform to court of death of such party Starting point of limitation to bring the legal representatives on record Date of the death of the party Not postponed and begin to run from date on which Court i... 5-Jan-1996 Quick Review

(1996) 2 MLJ 78 (SC) Kazi Akeel Ahmed versus Ibrahim and another Civil Procedure Code (V of 1908), O.21, Rule 97 Application resisting execution of decree Normally,enquiry should be held Applicant filing suit making same claim as has been made in application Suit dismissed by Civil courts In the circumstances, no enquiry, need be held. 17-Apr-1996 Quick Review

(1996) 2 MLJ 65 (Mad) Mohamed Asadullah and others versus Irfana Begum and another Civil Procedure Code (V of 1908), Sec.115 and O.19, Rule 2(1), ex parte decree passed Second defendant filing petition to set aside ex parte decree and petition to condone delay in filing petition Some false averments made Application dismissed on ground of delay Order sustained as there was no error of jurisdiction Proviso to Sec.115 no... 14-Feb-1996 Quick Review

(1996) 2 MLJ 48 (SC) Union of India and another versus Ranchi Municipal Corporation, Ranchi and others Civil Procedure Code (V of 1908), Sec.11 Res judicata Summary dismissal, held, does not constitute res judicata for deciding the controversy. 16-Feb-1996 Quick Review

(1996) 2 MLJ 44 (SC) Ramanuja Naidu versus V.Kanniah Naidu and another Civil Procedure Code (V of 1908), Sec.100 Second appeal Concurrentfindings of fact Held, cannot be interfered with the second appeal. 12-Mar-1996 Quick Review

(1996) 2 MLJ 29 (SC) Babulal versus Raj Kumar and others Civil Procedure Code (V of 1908), O.21, Rules 97,98 and 103 Suit for specific performance decreed Execution sought by legal representative of decree holder Appellants, in possession of property not party to decree Objecting to execution on ground that he could not be dispossessed Executing Court, held, should determine the question. 16-Feb-1996 Quick Review

(1996) 2 MLJ 16 (Mad) Subbiah Pillai (died) and others versus M.A.Thirunavukkarasu Pillai (died) and others (A) Civil Procedure Code (V of 1908), Sec.100 Second appeal Interference with finding of fact Findings of trial court and first appellate court not concurrent finding of first appellate court arrived at by placing burden of proof wrongly Held, finding not binding in second appeal. 8-Jan-1996 Quick Review

(1996) 2 MLJ 12 (Mad) Messrs Bharat Process and Mechanical Engineers Limited versus M/s. The Salem Chemical Industries and others (A) Bird and Company Limited (Acquisition and Transfer of Undertakings and Other Properties) Act (LXVII of 1980), Secs.5(2), 6(1), 7, 8, 8(4), 13(1), 14 {1) and 15(2) Undertakings of Bird and Co. transferred to and vested in Central Government on 25.10.1980 What vested in Central Government vested in Government Company (2nd defendant in suit) L... 27-Mar-1996 Quick Review

(1996) 2 MLJ 7 (SC) S.Noordeen versus V.S. Thiru Venkita Reddiar and others Civil Procedure Code (V of 1908), O. 21, Rule 58 and O. 38, Rule 8 Properties mentioned in schedule to plaint and some other items attached before judgment Compromise decree passed empowering decree holder to have scheduled properties including non-mentioned items Held the other items are liable to be sold as integral part of the compromise d... 7-Feb-1996 Quick Review

(1996) 2 MLJ 1 (Mad) B.Mahalakshmi by her power agent K.Swaminathan versus D.V.Nagalakshmi Ammal and another Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Suit dismissed Plaintiff filing petition to amend plaint during appeal proceedings seeking relief of mandatory injunction and amendment of valuation portion so as to include the additional claim and relief sought for New cause of action, cannot be adjudicated without trial o... 6-Mar-1996 Quick Review

(1996) 1 MLJ 657 (Mad) The Bishop in Office of CSI Vellore Diocese, Rt. Rev. RT. Baskaran and others versus Jeyakaran Joseph and others (A) Civil Procedure Code (V of 1908), 0.7, Rule 7 Relief, which is impossible to be granted ultimately in main proceedings Held cannot be granted interlocutorily. 7-Dec-1995 Quick Review

(1996) 1 MLJ 629 (Mad) Varada Reddiar and another versus Jayachandran and others Civil Procedure Code (V of 1908), Sec.115 Constitution of India (1950), Art.227 Suit for injunction to restrain temple authorities from conducting an auction of some items of properties as 24.7.1991 and upto 30.6.1992 Decree drafted prohibiting temple permanently from leasing out the properties Decree beyond scope of suit Decree modified. 7-Feb-1996 Quick Review

(1996) 1 MLJ 628 (Mad) M/s. P.S.Sivam and Company represented by partner, D.Shanmugham. versus V.Ravi Kumar Civil Procedure Code (V of 1908), O.34, Rule 10 Commissioner appointed at the request of the party for sale of the mortgaged property Commissioners fee paid Incurring of the same in the execution petition whether proper. 28-Mar-1996 Quick Review

(1996) 1 MLJ 600 (Mad) Shanmugam Servai versus Periyakaruppan Servai (A) Civil Procedure Code (V of 1908), O.47, Rule 1 Review petition under Entertainment of Grounds for Error apparent on the face of the record What is. 20-Feb-1996 Quick Review

(1996) 1 MLJ 588 (Mad) Janardhana Mishra alias Janardhana Prasad, In re., Civil Procedure Code (V of 1908), Sec.92 (as amended by Act IV of 1976) Court settling scheme under Removal of trustee will be one of the reliefs forming part of decree settling scheme Trustee can be removed on an application. 16-Feb-1996 Quick Review

(1996) 1 MLJ 570 (Mad) D.ChellayyanNadar and another versus Sulochana Thankachi and others Civil Procedure Code (V of 1908), 0.34, Rule 1 Right of mortgagor to redeem property Extent found to be in excess than extent actually mortgaged Excess extent found to be part of mortgaged property Mortgagor, held, has right to redeem the entire property. 6-Feb-1996 Quick Review

(1996) 1 MLJ 536 (Mad) Taherbal Mulla Abbas Bhai versus M/s.Buhari Sons Private Limited (A) Civil Procedure Code (V of 1908). Secs.151 and 152 Scope Rate of interest stated to be 6% in the body of plaint In prayer portion, it is stated to be 36% Defendant submitting to decree Suit decreed with interest at 36% Petition under Secs.151 and 152 for modification of decree by stating interest on 6% filed by defendant, held, mainta... 9-Nov-1995 Quick Review

(1996) 1 MLJ 533 (Mad)

G.Krishnamurthy and others versus Sarangapani and another Civil Procedure Code (V of 1908), Sec.115 Tamil Nadu Court-Fees and Suits Valuation Act (XIV of 1955), Sec. 7 Suit for declaration and possession of agricultural lands Proper court-fee Defendants objecting to court-fee paid Trial court upholding objection On appeal appellate court reversing order of trial court Held, revision against ... 5-Feb-1996 Quick Review

(1996) 1 MLJ 517 (Mad) Kalimuthu and others versus State of Tamil Nadu represented by District Collector of Pasumpon Thevar Thirumaganar District Collectorate at Sivaganga and others (A) Civil Procedure Code (V of 1908), O.23, Rule 1(3)(a) and (b) Formal defect Relief in suit claimed on basis of easementary right instead of customary right Defect is not formal defect Suit filed on basis of easementary right Appellate court allowing amendment of plaint on basis of customary right High Court setting aside order Plai... 15-Sep-1995 Quick Review

(1996) 1 MLJ 504 (Mad) P.Muthupillai versus A.Thirumalai and another (A) Adoption Proof of Adoption challenged not by members of family who would be otherwise entitled to succeed to property, but by stranger Burden of proving adoption and title Evidence adduced by plaintiff and accepted by trial court and lower appellate court, held sufficient. 14-Nov-1995 Quick Review

(1996) 1 MLJ 472 (Mad) Ganapathi Gounder versus The Branch Manager, Indian Overseas Bank, Sulur Branch, Sulur and others Civil Procedure Code (V of 1908), O.21, Rule 23(2) Application for execution of decree Objections raised by parties in petition Court, held, must consider Non-consideration, held, will vitiate order. 10-Jan-1996 Quick Review

(1996) 1 MLJ 451 (Mad) T.Natarajan versus M.Nagarajan Civil Procedure Code (V of 1908), Sec.115 and O.9, Rule 13 Suit for redemption of mortgage and delivery of possession of suit property Defendant claiming that plaintiff agreed to sell property and executed agreement Defendant reserving his remedy on basis of agreement of sale Absent on dates of hearing of suit Ex parte decree passed twic... 29-Jan-1996 Quick Review

(1996) 1 MLJ 445 (Mad) T.N.S.S.Steels Private Limited, Madras versus Cochin Port Trust and another Civil Procedure Code (V of 1908), O. 39, Rules 1 and 2 Interim injunciton Grant of Plaintiff company entering into Berth Hire Contract with Port Trust/first defendant for dismantling a vessel acquired by it Bank guarantee furnished by second defendant Bank for due performance of the contract Dajmage coused to cranes supplied to plaintiff ... 14-Sep-1995 Quick Review

(1996) 1 MLJ 426 (Mad) VembaGounder versus Pooncholai Gounder Civil Procedure Code (V of 1908), O.26, Rule 10 Commissioner appointed and report filed Petitioner objecting to report Objection under consideration Petitioner not taking steps to examine Commissioner or to let in evidence to satisfy court that report is faulty and should be scrapped No finding entered whether report can be accepted or no... 24-Jan-1996 Quick Review

(1996) 1 MLJ 422 (Mad) A.Nagarajan versus A.Madhanakumar (A) Civil Procedure Code (V of 1908), O.26, Rule 10 Appointment of Commissioner under Object of-Stage at which appointment can be made Held, it can be made after evidence of respective parties is placed. 10-Jan-1996 Quick Review

(1996) 1 MLJ 375 (Mad) P.Paul James alias Paulus versus P.Jesudas Cyril and others (A) Civil Procedure Code (V of 1908), Sec.11 Res judicata Suit for partition Withdrawal of Effect of Right of Plaintiff to seek partition again, held, is not lost Later suit for partition, held, not barred by res judicata. 18-Jan-1996 Quick Review

(1996) 1 MLJ 371 (Mad) Seetha and others versus Rani and others Civil Procedure Code (V of 1908), Sec.115 Revisional jurisdiction Interference by High Court with orders of lower court No error of jurisdiction High Court, held will not interfere. 8-Dec-1995 Quick Review

(1996) 1 MLJ 368 (Mad) Sri Pillaiyarpatti Karpaga Vinayagar Koil Nagarathar Trust represented by its Nadappu Kariyasthargal N.K.Lakshmana Chettiar and another versus R.M.Sevugan Chettiar Civil Procedure Code (V of 1908). O.9, Rule 13 Ex parte decree Setting aside of Sufficient cause for Illness of defendant Burden of proof of illness is on defendant Proof of illness Production of medical certificate not sufficient Defendant must speak about illness. 25-Jan-1996 Quick Review

(1996) 1 MLJ 364 (Mad) Mohamed Gani versus Rajamani (A) Tamil Nadu Buildings (Lease and Rent Control) Act (XVII of 1960) Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of Rent Control Petition under Act Power of Rent Controller to allow amendment Rent Controller whether a Court Principle behind 0.6, Rule 17 whether applicable to proceedings before Rent Controller Rent Controlle... 21-Sep-1995 Quick Review

(1996) 1 MLJ 350 (Mad) G.Jayapandian versus P.C.Manickam and another Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec.10 Civil Procedure Code (V of 1908), O.6, Rule 17 Petition for eviction Application for amendment of petition Held, Rent Controller has power to allow amendment of the petition. 15-Dec-1995 Quick Review

(1996) 1 MLJ 344 (Mad) Perumal Gounder and others versus Annamalai Gounder (A) Civil Procedure Code (V of 1908), 0.22, Rule 3 Suit or appeal abating Right accruing to the other party whether can be interfered with lightly in absence of good grounds. 19-Jan-1996 Quick Review

(1996) 1 MLJ 339 (Mad) Vasu versus Saroja Ammal Civil Procedure Code(V of 1908), O.5, Rule20and O.9, Rule 13 Application to set aside ex parte order Substituted service made in original proceedings Due service.....can be deemed to have been made Petitioner, his mother and grandmother residing in same house Served with notices on two occasions choosing to remain ex parte Held, Petit... 16-Nov-1995 Quick Review

(1996) 1 MLJ 338 (Mad) Nachal and another versus C. Arjunan and another Civil Procedure Code (V of 1908), O.1, Rule 3 and O.41, Rule 23 Parties to suit Plaintiff admitting rights of other co-owners Plaintiff held need not implead trespassers and claim relief Other coowners need not be impleaded Trial court holding that plaintiffs were in possession Appellate court, held, has to go into question as to wheth... 13-Oct-1995 Quick Review

(1996) 1 MLJ 328 (Mad) Perianayagam versus Maria Arokiam (A) Civil Procedure Code (V of 1908). Sec.100 Held, a pure question of law going to the root of the case can be raised for the first time in second appeal though not covered by pleadings. 9-Jan-1996 Quick Review

(1996) 1 MLJ 314 (Mad) Ganesan and others . versus Doraisamy and others . Civil Procedure Code (V of 1908), O. 22, Rule 4, 0.1, Rule 10(2) and Sec. 151 First defendant in suit dying on 25.5.1990 Plaintiff making application on 8.7.1992 to bring legal representatives on record Application dismissed Plaintiff filing application for impleading legal representatives of deceased 1st defendant Application, held, unsu... 8-Sep-1995 Quick Review

(1996) 1 MLJ 302 (Mad) E.R.Ranganathan versus Sarojammal (A) Civil Procedure Code (V of 1908), Sec.56 and O. 21, Rule 32 Relevant scope Injunction decree Held can be executed only under O. 21, Rule 32. 18-Aug-1995 Quick Review

(1996) 1 MLJ 271 (Mad) Lakshmi Shanmugham versus P.R.Shanmugham (A) Civil Procedure Code (V of 1908), Sec.100 Second appeal High Court, held, can formulate new questions of law for consideration. 13-Sep-1995 Quick Review

(1996) 1 MLJ 268 (Mad) Mahilapranam, S. and another versus Jamina Mosque Executive Committee, Tuticorin, through its President P.Abdul Gaffoor, Tuticorin (A) Civil Procedure Code (V of 1908), 0.21, Rule 15 Joint decree-holder executing decree Principles. 18-Jan-1996 Quick Review

(1996) 1 MLJ 258 (Mad) Rangaraja Nattar versus Subramania Chettiyar and another Civil Procedure Code (V of 1908), Sec.11 Res judicata Question of title to immovable property raised in earlier suit and findings on it necessary therein Such finding will constitute res judicata in later suit for title Decision in A.I.R. 1982 S.C. 20, distinguished. 18-Sep-1995 Quick Review

(1996) 1 MLJ 256 (Mad) Kanikapathi Vishnusagar and others versus M.Ganeshpathi (Minor) represented by his father and natural guardian S.Mahalingam Civil Procedure Code (V of 1908), O.37, Rules 1, 2 and 3 Scope Suit to recover amount due on promissory note Plaintiffs and defendants are brothers and sisters Defendants attesting payment of several amounts on various dates Defendants used borrow amounts from plaintiffs Plaintiffs father also used to take jewels from defendants toward... 28-Oct-1995 Quick Review

(1996) 1 MLJ 254 (Mad) Chokkalingapuram Thevangar Vardhaga Sangam, West Car Street, Chokkalingapuram, Aruppukottai Taluk, through its President versus Chokkanathaswami Temple, Chokkalingapuram, Aruppukottai Town, represented by its Executive Officer Civil Procedure Code (V of 1908), O.26, Rule 10(3) Commissioner appointed and report submitted by him Mere lapse in report held, cannot be ground for appointment of second commissioner Commissioners report, is not per se evidence Court, has discretion to appoint second commissioner 9-Aug-1995 Quick Review

depending on facts and circumstances of the case before i...

(1996) 1 MLJ 218 (Mad) A.M.Krishnamurthy versus Sokab Products Private Limited by its Executive Director, D.Karthikeyan and others (A) Registration Act (XVI of 1908). Secs. 17 and 49 Agreement between plaintiffs and defendant allowing plaintiffs to exploit granite deposits in suit lands for ten years Advance paid Intention of parties, held, has to create an interest in praesenti Document not registered Plaintiffs, held, cannot prove possession de hors the document ... 8-Dec-1995 Quick Review

(1996) 1 MLJ 212 (Mad) P.Siamala Baby versus A.D.K.B.Balachandran Civil Procedure Code (V of 1908), 0.9, Rule 13 Petition to set aside ex parte decree Wife filing petition for divorce Dismissed for non-payment of batta Restored after payment Notice not received by husband after restoration Trial proceeded and divorce granted Husband filing petition for setting aside decree Dismissed holding that ... 15-Sep-1995 Quick Review

(1996) 1 MLJ 208 (Mad) Kasthuri K.A. Lankaram and others versus Sri Sundararaja Perumal Devasthanam, Paramakudi represented by its Managing Trustee P.V. Ramamurthi and others (A) Civil Procedure Code (V of 1908), Sec.92 Applicability Tamil Nadu Hindu Religious and Charitable Endowments Act (XXII of 1959), Secs.2(18), 2(19) and 5(e) Properties dedicated to public trust for performance of charity in temple Endowment, held religious institution Suit for possession and framing of scheme Sec.92, held, not applica... 1-Nov-1995 Quick Review

(1996) 1 MLJ 198 (Mad) The Regional Manager, Punjab National Bank, Madras versus D.P.Venkataraman and others (A) Practice and Procedure Civil suit Claim is not barred by limitation Claim cannot be affected by any laches. 6-Nov-1995 Quick Review

(1996) 1 MLJ 184 (Mad) S.Susila versus Virudhunagar Hindu Nadarkalukku Pathiyapatta V.V. Vanniaperumal Womens College Managing Board, Virudhunagar through its Secretary, P.A.M.N. Rajendran (A) Wills Registered will cancelled by unregistered document Latter document, held, is not invalid on that score. 30-Oct-1995 Quick Review

(1996) 1 MLJ 174 (Mad) G.Palani versus Smt.Chinnammal

Civil Procedure Code (V of 1908), Sec.47 and O.21, R.32 Scope of Sec.47 Power of executing Court Judgment debtor filing objection to execution Alleging that decree was granted was without cause of action Objection, held, will amount to contending that decree is incorrect in law or on facts Execution Court, held, cannot entertain such ob...

26-Sep-1995 Quick Review

(1996) 1 MLJ 164 (Mad) Kumarathal versus Balasubramania Gounder and another Civil Procedure Code (V of 1908), Sec.115 Revision Concurrent finding of fact Interference with Scope of certain sections of Act not considered by the courts below Burden of proof wrongly cast on creditor Evidence lacking to arrive at prima facie conclusion High Court, held entitled to invoke powers under section. 20-Oct-1995 Quick Review

(1996) 1 MLJ 146 (Mad) A.P.Sagar and others versus Govindaswami Gramani Civil Procedure Code (V of 1908), Sec.100 Second appeal Concurrent finding of fact High Court, held, will not reappraise evidence and come to a different conclusion. 4-Aug-1995 Quick Review

(1996) 1 MLJ 134 (SC) Radhika Devi versus Bajrangi Singh and others Civil Procedure Code (V of 1908), 0.6, Rule 17 Leave to amend Held would be refused if accused rights are taken away by the amendment of pleading Gift deed executed and registered on 28.7.1978 Appellant filing suit for partition on 28.7.1978 Respondents filing written statements on 15.6.1988 pleading execution of the registered gift deed ... 18-Jan-1996 Quick Review

(1996) 1 MLJ 131 (Mad) Lilly Bai versus Chinna Thai and others (A) Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (XXIX of 1974), Secs.23, 24 and 54 Bar of civil courts jurisdiction Plaintiff relieved from service as Hindi Pandit in Recognised Private School to accommodate the second defendant Held amounts to removal from service Suit by plaintiff challenging the order before civil court... 23-Dec-1994 Quick Review

(1996) 1 MLJ 112 (SC) Ram Chandra Verma versus Shri Jagat Singh Singhi and others Civil Procedure Code (V of 1908), O.21, Rule 97 Execution Eviction proceedings against one tenant Conditions for eviction not proved Eviction on basis of compromise decree, is nullity One of co-owners admitting appellant R possession of a part of the premises Admission binding on all coowners Appellant being in possession, held is ... 30-Jan-1996 Quick Review

(1996) 1 MLJ 101 (SC)

Bank of Baroda versus R.M.Patwa and another Civil Procedure Code (V of 1908), Sec.115, O.21 Execution proceedings Judgment-debtor filing application For adjustment of amounts lying in the account of a stranger To the decree towards debt payable by the judgment-debtor Dispute existing between the entitlements or liabilities between stranger and decree-holder Court, held cannot adj... 12-Jan-1996 Quick Review

(1996) 1 MLJ 88 (SC) Deva Ram and another versus Ishwar Chand and another (A) Civil Procedure Code (V of 1908), 0.2, Rule 2 Scope and applicability Suit for recovery of sale price of land Dismissed Suit for recovery of possession of land filed Allegation that they were owners Cause of action in the subsequent suit being entirely different provisions 0.2, Rule 2, not applicable. 16-Oct-1995 Quick Review

(1996) 1 MLJ 84 (Mad) Shanmugavel versus Associated Publishers (Madras) Limited and others (A) Trade and Merchandise Marks Act (XLIII of 1958), Sec.27 Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Interim injunction pending suit Obtaining of Factors to be proved by plaintiff. 16-Aug-1995 Quick Review

(1996) 1 MLJ 65 (SC) Induben Ashokrao Nalvade (Dead) by L.Rs. versus Dhirajlal Shivlal Surati and another Civil Procedure Code (V of 1908), Sec.96 Appeal Appellate Court, held, must re-appreciate evidence and consider all relevant aspects of the case. 14-Aug-1995 Quick Review

(1996) 1 MLJ 48 (SC) Nand Kishore versus State of Punjab (A) Constitution of India (1950), Art.141 Authority of Supreme Court under Supreme Court, held, to be Competent Court within scope of the words in (1970)3 S.C.R. 830 Supreme Court, is not a mere interpreter of law but a source of law. 21-Sep-1995 Quick Review

(1996) 1 MLJ 47 (Mad) Annamalai and another versus The Official Receiver, North Arcot Ambedkar District, Thiruvannamalai Sambuvarayar District at Vellore and another (A) Civil Procedure Code (V of 1908), Sec.15 Order passed by Rent Controller, appealable Revision held, could be filed, against that order. [Para 5] 30-Oct-1995 Quick Review

(1996) 1 MLJ 43 (Mad) Sambandam and another versus Guru Chandrasekaran and others (A) Civil Procedure Code (V of 1908), Sec.15 Case What is Trial court refusing to receive a hand-letter in evidence Revision, held, would not lie against order. 11-Aug-1995 Quick Review

(1996) 1 MLJ 43 (SC) Akshaya Restaurant versus P.Anjanappa and another Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of written statement Definite stand taken in written statement Stand sought to be modified in application for amendment Amendment, held, can be permitted. 27-Mar-1995 Quick Review

(1996) 1 MLJ 38 (SC) Bhoop Singh versus Ram Singh Major and others (A) Registration Act (XVI of 1908), Sec.17(2)(vi) Scope and applicability Compromise decree When does not require registration Conditions for Such decree creating for the first time right, title or interest in immovable property of value of Rs. 100 or upwards in favour of any party to the suit Held, would require registration. 11-Sep-1995 Quick Review

(1996) 1 MLJ 33 (SC) Surjit Singh and others, etc. etc. versus Harbans Singh and others, etc.etc. Civil Procedure Code (V of 1908), 0.22, Rule 10 Preliminary decree passed in partition suit Final decree proceedings pending Trial court passing order restraining all parties from alienating any part of property involved in suit One party assigning rights under preliminary decree Rights, held was property and hence fell within ambit of re... 6-Sep-1995 Quick Review

(1996) 1 MLJ 21 (Mad) Augustin Mary versus Gnanaprakasam Civil Procedure Code (V of 1908), Sec.47 Tamil Nadu City Tenants Protection Act (III of 1922), Secs. 3, 4(1) and 4(4) Suit for possession of land Decreed Superstructure put up by tenant directed to be demolished Claim of tenant to compensation rejected on ground that he was not in actual possession of property Confirmed in appeal Reme... 18-Jul-1995 Quick Review

(1996) 1 MLJ 9 (Mad) K.Balakumar versus M.S.Jayaprakash and others Civil Procedure Code (V of 1908), 0.33, Rule 1 Scope of Person filing petition for leave of Court to sue as indigent Person dying Substitute for petitioner Cannot continue the same petition Separate petition under Order held need not be filed Person filing petition to implead himself bound to amend the petition describing him an indigen... 9-Oct-1995 Quick Review

(1995) 2 MLJ 662 (Mad) Andhra Coffee and Flour Mills, Ongole, Andhra Pradesh versus Brooke Bond India Limited, Madras (A) Copyright Act (XIV of 1957). Sec.62 Civil Procedure Code (V of 1908). Secs.20 and 120 Copyright infringement Suit for Plaintiff having branch office and regional accounts office in Madras city High Court of Madras, held, has jurisdiction to entertain the suit. 21-Aug-1995 Quick Review

(1995) 2 MLJ 660 (Mad) V.Pethaperumal and others .. versus Syndicate Bank, Pondicherry represented by its Principal Officer and Branch Manager, D.Ezhilarasan Civil Procedure Code (V of 1908), Secs.115 and 152 Judgment- debtor filing application to amend decree only without filing application to amend judgment Application dismissed Revision against that order, held not maintainable. 13-Sep-1995 Quick Review

(1995) 2 MLJ 622 (Mad) Manoj Kumar Sonthalia versus Vivek Goenka and others (A) Civil Procedure Code (V of 1908), O.23, Rules 3 and 3-A Contract Act (IX of 1872) Sec.23 Compromise of suits Test to see whether suit has been adjusted by any lawful agreement or compromise Jurisdiction of Court to examine whether agreement is void or voidable Limits of Void or Voidable compromise can be challenged in appeal Perso... 9-Mar-1995 Quick Review

(1995) 2 MLJ 544 (Mad) Fathuma and another versus K.S.Kadherkani (A) Tamil Nadu Court-Fees and Suits Valuation Act (XIV of 1955), Sec.43 Suit for ejectment based ontenancy Valued for court-fees and jurisdiction under Sec.43 Court, held, cannot go into question of title in such suit. 17-Apr-1995 Quick Review

(1995) 2 MLJ 537 (Mad) The Official Receiver, Salem having office in the District Court Compound, Hasthampatti, Salem versus Ariya Boyan, S/o.Veera Boyan residing at Bajanaimadam Street, Fort, Namakkal and another (A) Civil Procedure Code (V of 1908), Sec.60(C) Scavenger, held to be a labourer entitled to claim benefits of section. 14-Sep-1993 Quick Review

(1995) 2 MLJ 514 (Mad) Tamil Nadu Wakf Board represented by its Secretary versus S.A.Syed Masood, Muthavalli Kalvathnayagam Thaikka, Kadayanallur and others (A) Civil Procedure Code (V of 1908), Sec.9 Jurisdiction of civil courts-Bal -on-1 New Act providing an alternative remedy It bars jurisdiction of Civil Court in the matter Test for Wakf Act (XXIX of 1952), Sec.36-B (as inserted by Act XXXIV of 1964) Providing remedy for Wakf Board to get possession of property unauthorisedly alienated ... 15-Feb-1995 Quick Review

(1995) 2 MLJ 492 (Mad) Rajee versus Baburao Civil Procedure Code (V of 1908), Sec. 100 Second appeal Finding of fact Interference with High Court, held, can re-appreciate evidence and to interfere with finding if lower appellate court has misread evidence, has not considered basic requirements of law and committed mistake in casting burden of proof. 11-Aug-1995 Quick Review

(1995) 2 MLJ 422 (Mad) The Railway Co-operative Labour Contract Society Limited, represented by its Secretary, T.R.Kuppuswamy versus Union of India, owning Southern Railway represented by its General Manager, Madras and others Civil Procedure Code (V of 1908), 0.39, Rules 1 and 2 Suit for injunction restraining defendants railways from proceeding with award of contract Interim mandatory injunction directing defendants to grant contract in favour of plaintiffs passed Suit dismissed as withdrawn Injunction obtained by fraud and hence null and void Contract entered ... 10-Apr-1995 Quick Review

(1995) 2 MLJ 413 (Mad) Ramaswamy Gounder and others versus T.S.Ramaswamy Gounder and others (A) Civil Procedure Code (V of 1908), O.21, Rule 90 (As substituted by Act CIV of 1976) Proviso inserted by High Court of Madras to O.21, Rule 90(1) not inconsistent with Rule 90. 20-Sep-1994 Quick Review

(1995) 2 MLJ 399 (Mad) The Tanjore Co-operative Marketing Federation, Tiruvarur, represented by its Secretary versus The State of Tamil Nadu represented by the Collector of Tanjore Civil Procedure Code (V of 1908), Sec.20(c) Cause of action Meaning of Plaintiff appointed as procuring agent of paddy for Government Plaintiff loading consignment of paddy at Tiruvarur Railway Station to be despatched to defendant at Thanjavur Defendant demanding value of shortage of goods at destination Plaintiff filing suit for injun... 24-Apr-1995 Quick Review

(1995) 2 MLJ 363 (Mad) Perumayee versus Jayarama Gounder Civil Procedure Code (V of 1908), 0.6, Rule 17 Amendment of plaint Change of character or nature of suit not a ground for disallowing amendment when subject matter or cause of action is not altered Delay in moving for amendment Effect. 3-Feb-1995 Quick Review

(1995) 2 MLJ 361 (Mad) Silvar Granites through its Managing Partner, Ziaudheen versus Murugan and others Civil Procedure Code (V of 1908), O.39, Rule 3-A Order of injunction without giving notice to 13-Jan-1995

opposite party When justified.

Quick Review

(1995) 2 MLJ 357 (Mad) John Devadoss versus Ruth Moris Civil Procedure Code (V of 1908), 0.7, Rule 10 Tamil Nadu Court Fees and Suits Valuation Act (XIV of 1955), Secs.25(b) and 53(2) Plaintiff valuing suit in Sub-Court for purposes of court-fees and jurisdiction at Rs.25,000 and paying court-fee on half of the amount Plaint returned for presentation before District Munsifs Court as value of p... 15-Feb-1995 Quick Review

(1995) 2 MLJ 342 (Mad) Rajendran versus The Nagercoil Municipality, represented by its Commissioner, Nagercoil Civil Procedure Code (V of 1908), Sec.24 Transfer of suits Transfer sought on ground that advocates at Nagercoil and Kuzhithurai are boycotting courts and not permitting outside lawyers to appear in the-courts Refusal of lawyers to appear and plead before courts, is no ground to contend that courts in the District are not functioning Transf... 30-May-1995 Quick Review

(1995) 2 MLJ 319 (Mad) Sarasammal versus Murugasamy and another Civil Procedure Code (V of 1908), Secs.100-A and 104(1), (2) and 0.43, Rule 11 Letters Patent (Madras), Clause 15 Appeal from appellate decree or order heard and disposed of by single Judge of High Court Appeal from that judgment to Division Bench will not lie. 30-Mar-1995 Quick Review

(1995) 2 MLJ 316 (Mad) T.R.Sivaprakasa Mudaliar and another versus M/s.Sethuramdas Maheshkumar by Partner Sathram Civil Procedure Code (V of 1908), Sec.34 Suit for recovery of money on promissory note decreed Judgment silent as to payment of interest Decree drafted providing for payment of interest at 24% from date of plaint to date of decree and at 6% 20-Feb-1995 Quick Review

(1995) 2 MLJ 307 (Mad) Mani alias Ranganayaki and others versus M.Kokilamani, represented by her Power of Attorney Agent K.G. Ananthakrishnan and others Civil Procedure Code (V of 1908), Sec.47 Executing court Duty of Must implement decree as it is Cannot alter allotment of properties. 3-Feb-1995 Quick Review

(1995) 2 MLJ 223 (Mad) The Union of India represented by the Home Secretary, Home Department, New Delhi and others versus K.Sambandan (A) Letters Patent (Madras), Clause 15- Judgment Any order deciding rights of parties whereby substantive rights of parties are affected Held, is judgment Pondicherry Excise Rules (1970), Rule 12-Dec-1994

170 Order permitting a party in arrears to participate in excise auction Is Judgement.

Quick Review

(1995) 2 MLJ 209 (Mad) Arulmighu Ammachi Ayyanar Mandu Koil, Sennagarampatti Village by E.O. having its Office at Arulmighu Kalyanasundareswara Temple, Melur versus Alagu Karuppannan Ambalam Civil Procedure Code (V of 1908), O.39, Rule 1 Lease of temple property by public auction Lessee not surrendering possession on the expiry of lease as required by the terms of the lease Filing suit asserting right to be in possession and. praying for interim injunction Held, not entitled to have the relief of interim injunction. 17-Feb-1995 Quick Review

(1995) 2 MLJ 187 (Mad) Dr.J.Jayalalitha versus Dr.M.Channa Reddy, Governor of Tamil Nadu, Madras and others (A) Constitution of India (1950), Art. 226 Civil Procedure Code (V of 1908), 0.19, Rule 3 Affidavits Contents of Affidavit of Petitioner containing arguments on questions of law including interpretation of the Constitution of India Correctness of decision of Supreme Court canvassed Practice, deprecated. 27-Apr-1995 Quick Review

(1995) 2 MLJ 121 (Mad) T.D. Md. Meeran versus Munirul Islam Majeed, Pallapatti represented by its Secretary, G.N. Hajee Khaja Hussain Civil Procedure Code (V of 1908), O.20, Rule 12 Future mesne profits Suit for delivery of possession of suit property and mesne profits Suit property let out to tenant on monthly rental of Rs.2,500 Fact not disputed Plaintiff not claiming higher rent by way of damages or a higher rent till possession is handed over Future mesne profits,... 15-Dec-1994 Quick Review

(1995) 2 MLJ 118 (SC) N.P.Tirugnanam (Died) by Lrs versus Dr.R.Jagan Mohan Rao and others (A) Civil Procedure Code (V of 1908), 0.22, Rule 6 Either party to suit dying between conclusion of hearing and pronouncement of judgment Suit does not abate Judgment pronounced, has same force and effect as if it was pronounced before death took place. 12-Jul-1995 Quick Review

(1995) 2 MLJ 107 (SC) B.Gangadhar versus B.G.Rajalingam (A) Words and Phrases Ownership and possession Meaning of~Rights of owner in possession of a property. 12-May-1995 Quick Review

(1995) 2 MLJ 102 (SC) Asharfi Lal versus Smt.Koili (dead) by L.Rs.

Civil Procedure Code (V of 1908), Sec.11 Res judicata Evidence Act (I of 1872), Sec.44 Effect of Next friend of minor filing suit on behalf of minor Suit dismissed Minor, held, can file suit to set aside decree on ground of gross negligence on part of next friend Held further, in cases where inference of fraud or collusion can be dra...

20-Apr-1995 Quick Review

(1995) 2 MLJ 100 (Mad) M/s.Jeeva Transport Corporation Limited by its Managing Director versus N.Subramani and others (A) Civil Procedure Code (V of 1908), 0.41, Rule 27 Admission of additional evidence Judgment of criminal court for purposes of disbelieving witness Not permissible to be admitted Purpose for which it can be admitted, stated Omission to file that judgment in trial court, no ground for admitting it at revision stage. 1-Dec-1994 Quick Review

(1995) 2 MLJ 89 (SC) The State Trading Corporation of India Limited versus Jainsons Clothing Corporation and another (A) Contract Act (IX of 1872), Sec.126 Bank guarantee Nature of Enforcability Subsequent disputes in performance of contract Held does not give rise to court issuing injunction restraining enforcement of the contract. 14-Sep-1994 Quick Review

(1995) 2 MLJ 87 (SC) P.P.K.Gopalan Nambiar versus P.P.K.Balakrishnan Nambiar and others (A) Civil Procedure Code (V of 1908), 0.22, Rule 10 Co-owners dying during pendency of appeal Before their death, they had sold their shares by-registered sale deeds in favour of other respondents Legal representatives of deceased co-owners, held need not be brought on record. 7-Mar-1995 Quick Review

(1995) 2 MLJ 81 (SC) Tej Kaur and another versus Kirpal Singh and another Civil Procedure Code (V of 1908), Sec.98(2) Two Judges Bench of High Court coming to different conclusions on question of fact Cannot be referred to a third Judge Decree appealed from, held, should be confirmed Constitution of India (1950), Art.136 Power of Supreme Court under, when there is a difference of opinion Judges of High Court ... 10-May-1995 Quick Review

(1995) 2 MLJ 74 (SC) Mr.Angile Insulations versus M/s.Davy Ashmore India Limited and another Civil Procedure Code (V of 1908), Sec.20, Explanation Contract Act (IX of 1872), Secs.23 and 28 Contract between parties providing that work order is issued subject to the jurisdiction of the High Court situated in Bangalore and that any legal proceedings will therefore fall within jurisdiction of the said court only Part of cause of action a... 18-Apr-1995 Quick Review

(1995) 2 MLJ 27 (SC) Shiv Dass and others versus Smt.Devki and others

(A) Civil Procedure Code (V of 1908), 0.22, Rules 3 and 4 Appeal heard One of the parties dying before judgment was pronounced Aggrieved person need not file application to bring on record legal representatives of deceased Legal representatives impleaded eo nominee in appeal Held sufficient.

7-Mar-1995 Quick Review

(1995) 2 MLJ 20 (Mad) Kemi Kwaja Mohideen versus Susan Galife Civil Procedure Code (V of 1908). Secs.47, 94(e) and 151 Petition by landlord for owners occupation Tenant agreeing to vacate, praying for three years time Endorsements made by the parties Decree in terms of the compromise In execution proceedings, tenant contending that the decree is nullity Executing court cannot go behind decree D... 13-Jan-1995 Quick Review

(1995) 1 MLJ 648 (Mad) Venugopal Reddiar versus Muthammal Civil Procedure Code (V of 1908), O.21, Rule 66 Reduction of upset price Principles to be followed. 30-Jan-1995 Quick Review

(1995) 1 MLJ 632 (Mad) Baby Ammal versus Mrs.Meher Jameel Civil Procedure Code (V of 1908), O.1, Rule 10 18th defendant impleaded in plaint- 18th defendant contesting suit In decree, by oversight trial court holding that she remained ex parte in suit Plaintiff not impleading her in appeal 18th defendant filing petition to implead her in appeal Petition allowed Order, held correct. 2-Sep-1994 Quick Review

(1995) 1 MLJ 628 (Mad) Virudhunagar Sarvodaya Sangh, Virudhunagar versus S.Sathiyathinakaran Civil Procedure Code (V of 1908), Sec. 9 Industrial dispute Employee suspended from service Suit in civil court seeking a declaration that the suspension is illegal and also claiming salary for the period of suspension Held, civil suit not barred. 30-Jan-1995 Quick Review

(1995) 1 MLJ 601 (Mad) A.N.Shanmugam and another versus A.V.Ramanathan Rao Civil Procedure Code (V of 1908), Secs.96(4), 102 and 115 Appeal Suit on pronote dated 24.3.1965 filed on 2.1.1979 Plaintiff averring that defendant was a debtor claiming exemptions under Debt Relief Acts and claiming that suit was in time Defendant contending that he was not a debtor and that he had completely discharged the amount due und... 1-Nov-1994 Quick Review

(1995) 1 MLJ 589 (Mad) Champalal Jain and another versus Thattikunda Rajamannar Trust by its Secretary and others

Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Order refusing injunction Interference in appeal Considerations No prima facie ground to grant injunction Petitioners not proving any of the ingredients for exercise of discretion Respondents seeking to take possession of property on basis of valid orders Petitioners not proving a...

19-Jan-1995 Quick Review

(1995) 1 MLJ 570 (Mad) Ilayath Begum and others versus Sahib Basha and another (A) Civil Procedure Code (V of 1908), O.33, Rule 1 Permission to leave to sue as indigent person granted Revision against that order at the instance of the parties cannot be interfered with. 11-Jan-1995 Quick Review

(1995) 1 MLJ 519 (Mad) A. Jayathilakam and others versus S.Dhanasekaran Civil Procedure Code (V of 1908), O.21, Rule 72 Property brought to sale in Court auction No bidder Decree-holder allowed to bid and set off, on the application without waiting for third sale Order upheld No condition precedent can be imposed before grant of leave to bid and set off. 3-Oct-1994 Quick Review

(1995) 1 MLJ 501 (Mad) Usha Devi versus S.Kolandasamy and another Civil Procedure Code (V of 1908), O.21, Rules 89 and 90 Court auction sale held and sale certificate issued by executing court Procedure for setting aside sale Court granting injunction restraining court auction purchaser from taking possession of property calling on the judgment-debtor to deposit entire decretal amount Order, held, not sus... 22-Nov-1994 Quick Review

(1995) 1 MLJ 493 (Mad) Goutham Surana and Sons represented by its Karta Gouthamchand Surana versus K.Kesavakrishnan and others 3-Jan-1995 (A) Hire purchase agreement Financier Whether owner of vehicle of borrower/hirer. Quick Review

(1995) 1 MLJ 491 (Mad) R.Ganesan and others versus State Bank of India, Siruthozhil Branch, Pondicherry, represented by its Manager and others Civil Procedure Code (V of 1908), O.1, Rule 10(3) Necessary and proper parties to suit Who are Suit for recovery of money in enforcement of usufructuary mortgage Persons who had acquired rights in portion of property prior to transaction of mortgage, held not necessary or proper parties to the suit. 4-Jan-1995 Quick Review

(1995) 1 MLJ 489 (Mad) Mariyammal and others versus Sathu Saravanan Trustee, Vellaichamy Madalayam, Madurai Civil Procedure Code (V of 1908), Sec.47 Scope of Decree not a nullity Duty of Executing Court 23-Dec-1994

Bound to execute the decree even if it is erroneous Execution, cannot be stalled by petition under Sec.47.

Quick Review

(1995) 1 MLJ 485 (Mad) Meenambal versus Selvi Baby and others Civil Procedure Code (V of 1908), O.33, Rule 2 Permission to sue as indigent person Person receiving salary of Rs.350 per month on date of filing suit Not mentioning the amount in her petition No explanation given in evidence for non-mention in petition Permission not be granted. 15-Nov-1994 Quick Review

(1995) 1 MLJ 446 (Mad) P.Azeez Ahmed versus State Bank of India, Vaniyambadi, represented by its Branch Manager Civil Procedure Code (V of 1908), Sec.51 Ex parte order of arrest of judgment-debtor without properly ascertaining his means to pay Order, not sustainable. 2-Sep-1994 Quick Review

(1995) 1 MLJ 435 (Mad) Meyyappa Velar versus Tamil Nadu Temple Administration Board, Madras and others (A) Tamil Nadu Hindu Religious and Charitable Endowments Act (XXII of 1959), Sec.118(2)(i)(b)(i) Civil Procedure Code (V of 1908), Sec.92 Scheme framed by court under Sec.92 Inconsistent with provision of Act Provisions of Act, will prevail. 2-Dec-1994 Quick Review

(1995) 1 MLJ 428 (Mad) Uma Rani versus Hindustan Petroleum Corporation Limited (A) Hindu Minority and Guardianship Act (XXXII of 1956), Sec.8 Minors property Minors mother entering into lease agreement with defendant Minors father alive at that time Lease agreement for a period extending to more than one year beyond the age of majority of minor Agreement void. 29-Nov-1994 Quick Review

(1995) 1 MLJ 426 (Mad) Kuppuswami Nainar versus The District Revenue Officer, Thiruvannamalai and others (A) Civil Procedure Code (V of 1908), Sec.9 Patta proceedings Revenue authorities expressing opinion Deciding about right to property in Opinion and decision not conclusive Civil court is not barred from adjudicating question of title relating to immovable property. 26-Oct-1994 Quick Review

(1995) 1 MLJ 417 (Mad) Raju Pillai and others versus V.P.Paramasivan and others Civil Procedure Code (V of 1908), Secs.92 (as amendedin 1976) and 115 Order by court granting or refusing to grant permission to institute suit against religious trust Nature of Revision to High Court against order, if lies. 2-Jan-1995 Quick Review

(1995) 1 MLJ 410 (Mad) Canara Bank, Gudalur Branch, Nilgiris District by its Manager versus N.Palani and another Civil Procedure Code (V of 1908), Sec.60(1)(K)(b) Life insurance policy amount received by JD and kept in fixed deposit in bank Not exempt from attachment. 2-Jan-1995 Quick Review

(1995) 1 MLJ 403 (Mad) C.Gopal, S/o.Chinnaswamy versus M/s.Rombay Burmah Trading Corporation Limited, Valparai Civil Procedure Code (V of 1908), O.41, Rule 33 Suit for vacant possession of site Tenant putting up superstructure and denying right of landlord to get vacant possession Trial Court decreeing suit and observing that question of compensation for superstructure will be gone into in execution proceedings Appellate Court confirming decree for ... 6-Dec-1994 Quick Review

(1995) 1 MLJ 390 (Mad) Thangaiyan and others versus Chellappan (A)Civil Procedure Code (V of 1908), O.9, Rule 13, O.43, Rule 1 Limitation Act (XXXVI of 1963), Sec.5 Application for setting aside ex parte decree and condonation of delay in filing application Both dismissed Order dismissing application for condonation of delay not appealable Single appeal filed against both orders and taken on file ... 31-Oct-1994 Quick Review

(1995) 1 MLJ 385 (Mad) R.Vaidyalingam (since deceased) and others versus Madras Secretariat Co-operative House Building Society Limited and another Civil Procedure Code (V of 1908), O. 22, Rules 4 and 9 Limitation Act (XXXVI of 1963), Sec.5 Pending appeal, sole appellant dying Application to bring legal representatives was filed after a delay of 30 days Application for condonation of delay filed Dismissed Appeal also dismissed as abated In revision, application for condonation of... 8-Nov-1994 Quick Review

(1995) 1 MLJ 381 (Mad) N.Krishnaswamy Reddiar and others versus Manickavasagam (A) Civil Procedure Code (V of 1908), O.21, Rules 16 and 146 Petitioner and his brother filing suit and obtaining ex parte decree Brother dying before date of decree Petitioner seeking to execute decree filing application to implead the legal representatives of deceased brother Application held maintainable Decree passed in favour of a d... 25-Nov-1994 Quick Review

(1995) 1 MLJ 368 (Mad) L.Ramakrishnan Chettiar and others versus L.RMK.Narayanan alias Lakshmi Narayanan and others

Civil Procedure Code (V of 1908), 0.40, Rule 1 Appointment of Receiver In vocation of provision Prerequisite for Detriment to suit property to be established prima facie.

25-Aug-1994 Quick Review

(1995) 1 MLJ 355 (Mad) Velu Gounder and others versus Kanna Gounder Civil Procedure Code (V of 1908), O.21 Suit for declaration of title and recovery of possession decree Decree-holder taking possession of one item of suit property in execution on 30.7.1967 Execution petition in respect of another item dismissed on ground of non-payment of batta Decree-holder filing another execution petition on 18.6.1977 ... 21-Nov-1994 Quick Review

(1995) 1 MLJ 352 (Mad) Dungarchand Narasingji versus Chennai Sri Ekambareswarar Devasthanam represented by the Executive Officer (A) Civil Procedure Code (V of 1908), Sec.47 Decree passed Pending appeal, suit property conveyed to plaintiff by defendant Decree held not nullity but executable. 9-Nov-1994 Quick Review

(1995) 1 MLJ 322 (Mad) S.K.Kumaraswami and others versus S.R.Somasundaram and others (A) Civil Procedure Code (V of 1908), Sec.115 Revision Decision on adequacy of Court-fee Revision of, at instance of defendant, if will lie. 11-Nov-1994 Quick Review

(1995) 1 MLJ 309 (Mad) Ramiah Konar versus TheCommissioner, H.R.&C.E. (A) Department, Madras and another (A) Tamil Nadu Hindu Religious and Charitable Endowments Act (XXII of 1959). Sec. 6(20) Temple Public or private Onus of proving that it is private if on person who steps up the plea that it is a private temple. 11-Nov-1994 Quick Review

(1995) 1 MLJ 275 (Mad) Madan Mohan versus R.Pandiyan Civil Procedure Code (V of 1908), 0.6, Rule 17-Amendment of plaint Duty of court in application for Suit for declaration and injunction Later on plaint amended to include relief of possession of suit property Further prayer for amendment for alternative relief of partition if court found that defendant was also entitled to suit property ... 12-Aug-1994 Quick Review

(1995) 1 MLJ 267 (Mad) C.Kailashchand Jain and others versus Mohamcd Kasim

19-Oct-1994 (A) Deed Construction Principles Lease Deed reading ....... Quick Review

(1995) 1 MLJ 251 (Mad) M.Jayaraman versus M.Santhi Civil Procedure Code (V of 1908), O. 14, Rule 1 Suit for dissolution of marriage Plaint averment that plaintiff and respondent had undergone formalities of marriage but that it was not a valid marriage Issue framed as to whether marriage that took place between plaintiff and defendant was valid Application to recast if or whether there was ... 21-Oct-1994 Quick Review

(1995) 1 MLJ 248 (Mad) Raja Gounder and another versus Ramaswamy (A) Civil Procedure Code (V of 1908), Sec.115 Pleadings Executing Court holding that revision petitioners are not entitled to benefits of Tamil Nadu Act (XXXI of 1976) Finding not questioned Petitioners, held, cannot claim that they are small farmers not liable to pay decree amount. 27-Oct-1994 Quick Review

(1995) 1 MLJ 243 (Mad) Golden Glue Factory represented by its Partner and others versus M.Haroon Rasheed Sahib Civil Procedure Code (V of 1908), O. 26, Rule 9 read with Sec.151 Partnership firm One of partners firm suspecting conduct of other partners Filing suit for dissolution of firm Application for appointment of Commissioner to take inventory of assets of firm-partnership agreement providing for arbitration in case of dispute held not a bar for... 11-Nov-1994 Quick Review

(1995) 1 MLJ 240 (Mad) T.G.Ramachandran versus Deivasigamani and others Civil Procedure Code (V of 1908), O.1, Rule 10(2) Suit for declaration of undivided share in landed property and permanent injunction Plaintiff not adding some persons who had tangible interest in the property as parties to the suit Suit disposed of Plaintiff filing petition in appeal for adding those parties in appeal Petition rejected on ... 9-Nov-1994 Quick Review

(1995) 1 MLJ 207 (Mad) Muni Naidu versus M.L. Mubarak Basha and others Civil Procedure Code (V of 1908), O.21, Rules 84, 85 and 86 Suit for partition Preliminary decree passed Application for passing final decree Advocate-Commissioner appointed to divide the properties 18th item of suit property Saw Mill Commissioner reported it cannot be divided Application for sale by publication of the property by s... 8-Nov-1994 Quick Review

(1995) 1 MLJ 199 (Mad) Ramasamy Konar versus Kolanji Ammal

Civil Procedure Code (V of 1908), Sec.96(4) Scope and applicability Suit on a promissory note Suit value less than Rs.3,000 Execution of promissory note and passing of considered denied by defendant Suit dismissed by District Munsif Appeal by plaintiff to Subordinate Judge Held, suit not maintainable since value of suit is less than ...

22-Nov-1994 Quick Review

(1995) 1 MLJ 192 (Mad) D.Rajalakshmi versus N.Rajamony and another Civil Procedure Code (V of 1908),O.38, Rule 9 Attachment before judgment Conditional order of attachment passed Condition not complied with Attachment made absolute Application to raise attachment pending Second application to raise attachment filed in vacation court Vacation court raising attachment directing defendant to deposit Rs.... 27-Oct-1994 Quick Review

(1995) 1 MLJ 190 (Mad) M/s.Ideal Garden Complex Private Limited versus M/s.Vijai Agencies, Salem-4 represented by its Partner M.Kamalanathan Civil Procedure Code (V of 1908), O.23, Rule 3 Withdrawal of suit Plaintiffs counsel making endorsement on plaint that suit was not pressed Signature of plaintiff not obtained Withdrawal, held, irregular Order of remand by lower appellate court, held well-founded. 26-Oct-1994 Quick Review

(1995) 1 MLJ 188 (Mad) Andal Ammal and others versus V.Susheela (A) Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Suit for declaration of easementary right to use passage Averment in plaint that plaintiff was using lane since 1927 Suit dismissed In appeal, plaintiff filing application for amendment of plaint for easement by prescription Plea, held, not altering the basis of suit... 23-Sep-1994 Quick Review

(1995) 1 MLJ 180 (Mad) Kumara Pillai and others versus Somasekaran Nair and others Civil Procedure Code (V of 1908), O.22, Rules 2, 3, 4(5) and 11 Death of one of respondents in appeal Legal representative of deceased respondent Not brought on record in time Delay of 2996 days in seeking to set aside abatement Petition to condone delay filed One of the legal representative already on record Whether there is abatemen... 14-Nov-1994 Quick Review

(1995) 1 MLJ 135 (Mad) Kishinchand Cheliarams (India) (P) Limited and another versus G.Varadappa Civil Procedure Code (V of 1908), Sec.114 and O.47, Rule 1 Invocation of Glaring omission or patent mistake or like grave error creeping into the order Provisions, held, can be invoked. 19-Oct-1994 Quick Review

(1995) 1 MLJ 129 (Mad)

A.B.T.Parcel Service versus C.R.Vasudevan Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Plaintiff in the employment of the defendant-company as Manager reverted to a lower post Suit for declaration and injunction by the plaintiff to restrain the defendant from reverting him to the lower post Suspending Subsequently defendant issuing order stating that the pla... 25-Nov-1994 Quick Review

(1995) 1 MLJ 111 (SC) State of Maharashtra versus Maharaja Srawan Hatkar (A) Land Acquisition Act (I of1894), Secs.18, 23(2) and 28, Proviso and Sec.23(l-A) as amended by Act (LXV1I of 1984) Additional payments envisaged under Secs.23 (1-A) and23(2) Held not components of compensation amount Court not enhancing compensation on reference, held, has no power to award interest or order spreading of payment of interes... 21-Feb-1995 Quick Review

(1995) 1 MLJ 110 (Mad) Dr.Thangavel Padayachi (died) and others versus J. Ramu Chettiar Civil Procedure Code (V of 1908), Sec.34 Suit for recovery of Rs. 38,309 towards principal and interest onpromissorynotes-JudgmentpassedforRs.31,620 with proportionate costs and interest due from 17.8.1972 after disallowing a portion of interest claimed Decree drafted for Rs.58,000 and odd Application for amendment of decree, dismissed 1-Nov-1994 Quick Review

(1995) 1 MLJ 108 (Mad) Soma Naicker and others versus Veluchamy and others Civil Procedure Code (V of 1908), O.23, Rule 1 Withdrawal of suit Suit for injunction in respect of a cart track Claim based on co-ownership of cart-track Suit dismissed Appeal by plaintiff pending, application to withdraw suit with liberty to file fresh suit Allegation that the claim was on basis of easement And mistake was committed... 30-Aug-1994 Quick Review

(1995) 1 MLJ 106 (SC) Union of India versus Smt.Pratap Kaur (dead) through Lrs. and another, etc. Civil Procedure Code (V of 1908), Sec.152 Land Acquisition Act (I of 1894), Sec.13-A Clerical or arithmetical mistake What is Identification of land, Not clerical or arithmetical mistake. 27-Jan-1995 Quick Review

(1995) 1 MLJ 88 (Mad) D.Gopal versus The Kilpauk Muslims Welfare Association and another Civil Procedure Code (V of 1908), O.17, Rule 6 Suit for permanent injunction pending Plaintiff filing petition to amend the plaint seeking relief of declaration of title and recovery of possession Plaintiff admitting that he has no title to suit property Trespass by the defendant alleged Amendment should be allowed only with regard to pos... 1-Sep-1994 Quick Review

(1995) 1 MLJ 84 (Mad) V.D.Murugesan versus V.Raj Mohammed (A) Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Sec.25 Civil Procedure Code (V of 1908), Sec.115 Revisional powers Power conferred under Sec. 25 is wider than the powers conferred under Sec.5, C.P.C. High Court can interfere with concurrent findings if it results in miscarriage of justice. 15-Nov-1994 Quick Review

(1995) 1 MLJ 78 (SC) Bibijan and others versus Murlidhar and others Civil Procedure Code (V of 1908), O.22, Rules 4 and 11 Suit for redemption of usufructuary mortgage decreed against more than one defendant Dismissed by trial court and confirmed in appeal Preliminary decree of redemption granted in second appeal Appeal by special leave Pending appeal two appellants died Legal representatives of decease... 15-Nov-1994 Quick Review

(1995) 1 MLJ 71 (Mad) K.S.Thangapandian versus Jayapal and another Civil Procedure Code (V of 1908), Sec.92 Suit under Leave to file Ingredients to be established Person applying for leave must have substantive, real and total interest in the trust Trust must be public trust Ingredients not established Leave to sue granted, held, is unsustainable. 30-Aug-1994 Quick Review

(1995) 1 MLJ 44 (SC) Board of Trustees for the Port of Calcutta and another versus Bombay Flour Mills Private Limited and another Civil Procedure Code (V of 1908), Sec.20 Place of suit Respondent importing rolling Mills at Port of Calcutta Goods unloaded at Calcutta Port Liability for payment of demurrage Payment not made and goods not cleared Respondent suing appellants Port Trust of Calcutta for release of goods in District Court, Bharatpur District Court, Bha... 7-Oct-1994 Quick Review

(1995) 1 MLJ 22 (Mad) Waheeda Begum versus S.Shanmughasundaram Civil Procedure Code (V of 1908), O.1, Rule 10(2) Addition or deletion of parties in pending proceedings Duty of court Person to be impleaded as party Entitled to notice and opportunity of being heard. 5-Oct-1994 Quick Review

(1995) 1 MLJ 16 (SC) P.K.Vijayan versus Kamalakshi Amma and others Civil Procedure Code (V of 1908), Sec.11 Explanation IV Kerala Buildings (Lease and Rent Control) Act (II of 1965), Sec.11 Kerala Land Reforms Act (I of 1964), Secs.72-B and 106 Constructive res judicata Rent Control Petition for eviction of tenant Tenant denying title of landlord and Rent Controller deciding claim to be true and refer... 30-Mar-1994 Quick Review

(1995) 1 MLJ 10 (SC) Mohan Lal versus Hari Prasad Yadav and others Civil Procedure Code (V of 1908), O. 21, Rule 89, Sec.148 Limitation Act (XXXVI of 1963), Sec.5, Art.127 Application under O. 21, Rule 89 to set aside sale filed after period of limitation of 60 days Executing court, if can entertain. 13-May-1994 Quick Review

(1994) 2 MLJ 678 (Mad) M/s.L.A.Buildcrs Private Limited by its Director Mr.Arjun Gokaldas versus M/s.Shrilckha Theatres Private Limited, (Formerly known as Shri Kanakadhara Theatres Private Limited) represented by its Chairman, Mr.M.P.Narayanan Arbitration Act (X of 1940), Sec.41 Civil Procedure Code (V of 1908), Sec.151, O.39, Rules 1 and 2, Second Schedule Suit for permanent injunction pending Application for interim injunction filed Agreement providing for resolving the dispute by Arbitration proceedings Arbitration proceedings not pending on date of suit Order of injunctio... 12-Aug-1994 Quick Review

(1994) 2 MLJ 626 (Mad) T.A.Balasubramaniam versus Kunjammal and another Civil Procedure Code (V of 1908), O.41, Rule 27-Additional evidence Reception of and requirements for Ground not pleaded if can form basis for reception of additional evidence Setting up a new plea and putting new case Wanting to let in additional evidence for that purpose If can be permitted to do so. 10-Aug-1994 Quick Review

(1994) 2 MLJ 623 (Mad) S.K. Ameer John versus Executive Officer, Sri Saptharisheewara Swamy Devasthanam, Lalgudi Taluk, Trichy District and others Civil Procedure Code (V of 1908), O.8, Rule 10 and O.15, Rule 2 Suit for declaration of tenancy rights Landlord 1st defendant remaining ex parte Other defendants contesting claim Court need not pass decree against first defendant at once Held also that a judgment cannot be passed in the circumstances of the case. 25-Jul-1994 Quick Review

(1994) 2 MLJ 619 (Mad) M.K.Raghavan versus M.K.Sarathy Civil Procedure Code (V of 1908), Sec.148 Extension of time for payment of costs Application for Filed after expiry of the period fixed for making payment Maintainability Relevant and material facts not made in affidavit Counsel also not filing any affidavit for his not appearing in Court on date fixed for payment Application, if can ... 13-Jul-1994 Quick Review

(1994) 2 MLJ 541 (Mad) M/s. A.Prakasam Pillai and Sons represented by its Managing Partner P.Vallavaraj and others versus Krishna Padayachi (died) and others Civil Procedure Code (V of 1908), Sec.96 Appeal Question of fact Decision depending on appreciation of oral evidence Application of evidence by trial court Interference with by appellate 15-Jun-1994

court Scope of.

Quick Review

(1994) 2 MLJ 515 (Mad) G.Swaminathan and another versus Banumathi and another (A) Civil Procedure Code (V of 1908), O.8-A Scope and applicability Applicable to suit on negotiable instruments Court must be satisfied that there was special circumstance for invoking the same. 2-Sep-1994 Quick Review

(1994) 2 MLJ 503 (Mad) Sellammal versus M.Narayanasamy Naidu and others Civil Procedure Code (V of 1908), Sec. 115 Suit on mortgage Defendant contesting for decree though for a lesser sum Suit dismissed for default on plaintiffs absence Appeal against order to High Court Proceeding can be converted into civil revision petition. 11-Aug-1994 Quick Review

(1994) 2 MLJ 501 (Mad) Marayee and another versus Raju and another (A) Civil Procedure Code (V of 1908), O.20. Rule 10(3) Commissioner appointed by court His report duly considered and acted upon Appointment of Commissioner again at appellate stage Not proper. 11-Aug-1994 Quick Review

(1994) 2 MLJ 485 (Mad) G.Gowri versus B.Ganesan Civil Procedure Code (V of 1908), Sec. 10 Constitution of India (1950), Art. 227 Wife filing suit for maintenance against husband for herself and children . Maintenance ordered Appeal pled against quantum of maintenance Enhancement ordered by High Court Appeal pending against enhancement Wife filing another suit for enhancement of mai... 6-Jul-1994 Quick Review

(1994) 2 MLJ 479 (Mad) Padmavathi Ammal and others versus Alamelu Ammal and others Civil Procedure Code (V of 1908), O.14 and O.41, R. 23 No specific issue on particular point framed in trial court Parties going to trial with regard to that issue in mind Attention of court drawn to subject-matter of that issue Order remanding suit for fresh disposal after framing that issue Propriety of. 11-Aug-1994 Quick Review

(1994) 2 MLJ 478 (Mad) Alamelu Ammal and others versus K.Gopal and others (A) Civil Procedure Code (V of 1908), O. 5, Rule 17 Evidence Act (I of 1872), Sec.114(2) Service of summons Orders given in summons admitted to be correct Tapal, if sent normally will reach the place Summons affixed as petitioners refused to receive summons Summons if can be presented to 11-Jul-1994

have been sen>ed.

Quick Review

(1994) 2 MLJ 477 (Mad) M.Sampathraj Bothra (Name amended as per order in E.A.No.278 of 1987 dated 28.1.1987) versus Thiruvengadam Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of name of judgment-debtor in decree Procedure for If can be done by filing execution application Notice to judgment-debtor, if necessary. 8-Jul-1994 Quick Review

(1994) 2 MLJ 457 (Mad) SP.Arumugam alias Chinnadurai Chettiar and another versus SP.Muthuraman Chettiar and others Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of pleadings Change of character or nature of suit, if ground for disallowing amendment Amendment sought for at a late stage Such delay or laches on the part of plaintiff if ground for disallowing amendment. 12-Jul-1994 Quick Review

(1994) 2 MLJ 448 (Mad) K.Dandayutham Chettiar. versus S.M.E.Ramasamy and another Civil Procedure Code (V of 1908), O.21, Rule 66 Sale proclamation Encumbrance handed over by judgment-debtor included by decree holder in sale proclamation Judgment-debtor taking several adjournments Specifically stating that proclamation may continue to be in force Judgment-debtor if can question auction sale alleging irregularity in sal... 1-Jul-1994 Quick Review

(1994) 2 MLJ 443 (Mad) Bangarammal versus M.Balamani and another Civil Procedure Code (V of 1908), O.21, Rule 97-Suit for recovery of possession Decreed Decree put in execution Third party resisting the execution Claiming title to the properly in dispute Executing court Whether has jurisdiction to start an enquiry as to the title of the third party. 27-Jul-1994 Quick Review

(1994) 2 MLJ 422 (Mad) Alagammal versus Sivasubramanian and others (A) Civil Procedure Code (V of 1908), O.20, Rule 5 Order of lower court Not properly written If ground for sending matter to lower court for writing a proper order. 30-Mar-1994 Quick Review

(1994) 2 MLJ 411 (Mad) T.C.Ethirajulu Chettiar versus K.Jeevarathinam Mudaliar and another (A) Constitution of India (1950), Art.227 Jurisdiction under When can be exercised. 9-Feb-1994

Quick Review

(1994) 2 MLJ 402 (Mad) D.Balasubramanian versus R.Ramaswamy Naidu and others (A) Tamil Nadu City Tenants Protection Act (III of 1922), Sec. 3 Compensation for superstructures Tenant denying title of landlord cannot claim compensation. 16-Mar-1994 Quick Review

(1994) 2 MLJ 392 (Mad) P.V.Rajaram and others versus S.T.Subramanian Civil Procedure Code (V of 1908), Sec.35-A Exemplary costs Awarding of Requirements for applying the section. 5-Jul-1994 Quick Review

(1994) 2 MLJ 382 (Mad) V.Somu Gounder versus S.Natesa Gounder Civil Procedure Code (V of 1908) O.26, Rules 9 and 10(3) Court appointing second Commissioner without setting aside report of earlier Commissioner Order, cannot be sustained. 25-Apr-1994 Quick Review

(1994) 2 MLJ 328 (Mad) P.Ramaswamy versus M/s.P.M.Agencies represented by its Managing Partner, P.Mugundarai Partnership Act (IX of 1932), Secs.42(C) and 48 Civil Procedure Code (V of 1908), O.6, Rule 13 Partnership consisting of two partners only Managing Partner dying during pendency of suit filed by him representing partnership Petition by a person for amendment of plaint by deleting the name of deceased partner and substituting her name in the... 16-Jul-1993 Quick Review

(1994) 2 MLJ 313 (Mad) Sri-la-Sri Shanmuga Design Gnanasambanda Pandarasannadhi Avargal and hereditary trustee of Rajan Kattalai attached to Thiyagarajaswami Devasthanam at Tiruvarur versus The State of Madras represented by the Collector of Thanjavur and others (A) Tamil Nadu Hindu Religious and Charitable Endowments Act (XXII of 1959), as amended by Act (XVI of 1965), Sec. 75-A Validity Powers of Legislature To change basis on which decision is given by Court of Law and thus change the law Extent of Individual decision interpartes, if can beset asideby Legislature Supreme Court setting aside G.O.... 22-Dec-1993 Quick Review

(1994) 2 MLJ 263 (Mad) Ponnaiyan alias Periya Gounder versus Rangasamy Gounder Civil Procedure Code (V of 1908), O.20, Rule 12-A Decree granting mandatory injunction directing 17-Sep-1993

restoration of a channel to its old position Particulars of channel not given Executing Court taking into account details given in plaint, rough plan attached to plaint and Commissioners report directing execution of the decree Legality.

Quick Review

(1994) 2 MLJ 239 (Mad) Sri Hanuman Vahana Panchaparva Kattalai attached to Sri Venkatachalapathi Perumal Temple, Pulivalam versus B.P.Subramanian (A) Civil Procedure Code (V of 1908), O. 39, Rules 1 and 2 Person suppressing material facts It can be granted injunction. 5-Apr-1994 Quick Review

(1994) 2 MLJ 225 (Mad) M.S.Velappan, Proprietor, M/s.Ponni Production versus K.S.Gopalakrishnan, Karpagam Studios Civil Procedure Code (V of 1908), Secs. 10, 11 and Explanation IV, O.2, Rule 2 and O.23, Rule 4 Plaintiff filing suit in City Civil Court, Madras for declaration that he alone was entitled to negative rights of a Tamil film Filing another suit in Original Side of High Court for declaration, rendition of accounts and payment of special damages ... 2-Feb-1993 Quick Review

(1994) 2 MLJ 198 (Mad) S.Ganapathy Konar versus E.Ganapathy Konar (A) Civil Procedure Code (V of 1908), O.9, Rule 13 Limitation Act (XXXVI of 1963), Sec.5 Application to set aside ex parte decree filed after delay of 33 months Petitioner filing application for excusing delay Application allowed only on ground that respondent did nor appear If sustainable. 4-Feb-1994 Quick Review

(1994) 2 MLJ 193 (Mad) K.Kanakarathnam versus A. Perumal and another (A) Civil Procedure Code (V of 1908), O.6, Rule 4 Contention in second appeal that settlement deed executed by defendant was invalid as vitiated by fraud Necessary and material facts not pleaded in plaint or appeal memo Evidence produced, if can be considered. 6-Apr-1994 Quick Review

(1994) 2 MLJ 180 (Mad) Pastor Anandraj and others versus Sadhu Jesudasan and others Civil Procedure Code (V of 1908), O.39, Rule 2 Interim injunction Grant of Tests to be fulfilled Balance of convenience Burden of proof. 2-Aug-1993 Quick Review

(1994) 2 MLJ 162 (Mad) T.E. Vijayaraghavachari and another versus K.Srinivasaraghavan Civil Procedure Code (V of 1908), O. 1, Rule Wand Sec.151 Defendants 4 and 5 impleaded in suit to 15-Apr-1994

set aside Orders passed by Commissioner, H.R. and C.E. Board LA. seeking interim injunction against one defendant alone filed Defendants 4 and 5 not made parties to it Defendants 4 and 5 filing petition to implead themselves Maintainability.

Quick Review

(1994) 2 MLJ 151 (Mad) M.Govindaraja Naickcr and others versus Ramanuja Naicker Civil Procedure Code (V of 1908), O.23, R.1 Principle underlying Plaintiff filing suit in 1984 for injunction in respect of certain lands Suit dismissed as not pressed Again filing suit in 1991 for declaration and injunction in respect of part of the lands which formed separate sub-division Cause of action for suits arising at different t... 28-Mar-1994 Quick Review

(1994) 2 MLJ 149 (Mad) Thangammal and others versus Avanashiappan and others Civil Procedure Code (V of 1908), Secs.100-A and 106, O.22, Rule 11 Letters Patent (Madras), Clause 15 Petition filed for bringing the L. Rs. of one of the deceased appellants on record in second appeal Whether can be considered as original proceedings Letters Patent Appeal if lies against order rejecting such petition. 28-Oct-1993 Quick Review

(1994) 2 MLJ 147 (Mad) Kaliaperumal Naidu versus Kuppuswami Naidu and others (A) Practice and Procedure Quoting of wrong provision of law in application If bar to granting of remedy. 24-Mar-1994 Quick Review

(1994) 2 MLJ 117 (SC) Krishan Lal versus State of J and K (A) Civil Procedure Code (V of 1908), Sec. 9 Jammu and Kashmir (Government Servants) Prevention of Corruption Act (1962), Sec. 17(5) Supply of copy of enquiry proceedings to public servant mandatory under Enquiry held without complying with mandatory provision Order in such enquiry passed without jurisdiction Civil Courts jurisdiction is... 25-Feb-1994 Quick Review

(1994) 2 MLJ 116 (SC) B.Shivananda versus Andhra Bank Limited and another Civil Procedure Code (V of 1908), Secs.34 and 152 Suit for loan amount with future interest and costs filed Suit decreed ex parte Liability Bank claiming interest at 16 1/2% on decretal amount Judgment-debtor filing application contending that no interest can be granted as judgment did not specify liability relating to payment of future ... 18-Mar-1994 Quick Review

(1994) 2 MLJ 111 (SC) Kenchegowda (since deceased) by legal representatives versus Siddegowda alias Motegowda

(A) Civil Procedure Code (V of 1908), O.22, Rule 4 Suit for declaration of title and permanent injunction against two defendants Suit dismissed Appeals preferred First defendant died Legal representatives not brought on record Cause of action as against second defendant if survives.

11-May-1994 Quick Review

(1994) 2 MLJ 102 (Mad) A.Mariasusai versus Natchiarammal and others Civil Procedure Code (V of 1908), O.21, Rule 89 Limitation Act (XXXVl of 1963), Schedule,Art.l27 Property sold in court auction Fraud alleged in auction sale Application to set aside sale filed beyond time If haired. 12-Jan-1994 Quick Review

(1994) 2 MLJ 97 (SC) Morgan Stanley Mutual Fund versus Kartick Das (A) Consumer Protection Act (1986), Sec.2(1)(d) Sale of Goods Act (III of 1930), Sec.2(7) Consumer Prospective investor, if a consumer Shares for which an application is made for allotment, if goods Applicant for such shares if consumer Company advertising for issue of shares if trades in shares Person moving Consumer Redressal Fo... 20-May-1994 Quick Review

(1994) 2 MLJ 95 (Mad) Ramasamy versus Puviarasan (Minor) represented by his mother and next friend Rathinam (A) Civil Procedure Code (V of 1908), Sec. 104, O.39, Rule 1 and O.43, Rule 1 (r) Suit for a declaration of title and permanent injunction from interfering with possession Interim injunction granted pending trial Suit dismissed On appeal interim injunction refused Single Judge of High Court granting temporary injunction pending appeal W... 4-Jan-1994 Quick Review

(1994) 2 MLJ 85 (Mad) The Registrar, Manonmaniam Sundaranar University, Tirunelveli versus Suhura Beevi Educational Trust, Kanyakumari and others (A) Civil Procedure Code (V of 1908), O.23, Rule 1 Suit for declaration and injunction against several defendants Right of plaintiff to give up any part of the claim against any of the parties If absolute If can be done to the detriment of the legitimate rights of a party-defendant behind his back. 20-Jan-1994 Quick Review

(1994) 2 MLJ 52 (SC) Ramankutty Guptan versus Avara Specific Relief Act (XLVII of 1963), Sec.28 Civil Procedure Code (V of 1908), Sec.37 Decree passed in suit in appellate Court Application under Sec. 28 for further time for payment of purchase money If to be made on the original side or execution side. 3-Feb-1994 Quick Review

(1994) 2 MLJ 51 (Mad) S.Maragadhathammal and others versus Sivasankara Bhattar and another

(A) Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of a written statement Defendants making some admission in written statement Benefit of it flowing to plaintiff Amendment of written statement taking away such benefit, if can be allowed.

18-Jan-1994 Quick Review

(1994) 2 MLJ 43 (Mad) Canara Bank, Kovilpatti Branch represented by its Manager versus P.Kannan and another Civil Procedure Code (V of 1908), O.7, Rule 1 Plaint Suit for money First defendant principal debtor and second defendant surety Debt acknowledged by second defendant only on 16.9.1983 and 1.9.1986 Suit filed in 1987 Plaint averring that agreement executed by defendants was being filed along with plaint Plaint against first defendant,... 11-Jan-1994 Quick Review

(1994) 2 MLJ 31 (Mad) V.T.Madasamy Nadar versus Chinnasudalai Madan and another. Civil Procedure Code (V of 1908), O.43, Rule 1(r) and O.39 In the Bank application Rules 1 and 4 Ex parte order of injunction in appeal against If lies. 12-Jan-1994 Quick Review

(1994) 2 MLJ 30 (SC) Gurjoginder Singh versus Jaswant Kaur (Smt) and another Civil Procedure Code (V of 1908), Sec. 144 Restitu -tion Landlords petition for eviction of tenant ordered ex parte Landlord getting possession and letting it ou t to second respondent Ex parte order of eviction set aside andpetition reviewed Possession, if can be restored to tenant Second respondent, if cannot be evicted. 9-Feb-1994 Quick Review

(1994) 2 MLJ 20 (SC) Union of India versus Kolluni Ramaiah and others Constitution of India (1950), Art.142 Civil Procedure Code (V of 1908), O.41, Rule 22 Land Acquisition Act (I of 1894), Sec.8(3) and Requisitioning and Acquisition of Immovable Property Act (XXX of 1952) Land acquired and compensation awarded by competent authority Arbitrator enhancing compensation and awarding solatium and interest High ... 16-Nov-1993 Quick Review

(1994) 1 MLJ 612 (Mad) K.L.R.Athappa Chettiar versus G.R.Ramasethu and another 11-Mar-1993 (A) Civil Procedure Code (V of 1908), Sec.64 Scope and object of. Quick Review

(1994) 1 MLJ 601 (Mad)

S.Ganapathy Chettiar, Proprietor, Karkalaiyar Plastic Works versus R.V.Dharmalingam Mudaliar and others (A) Criminal Procedure Code (II of 1974), Secs.107, 145,146, 149 and 151 Role of the police in civil disputes Person having no right interfering with possession of another lawfully entitled to it or landlord trying forcibly to evict tenant Police, if justified in saying that employment related to a property right Duty of police in such case... 15-Sep-1993 Quick Review

(1994) 1 MLJ 600 (Mad) M.L.Irudayam Pillai (deceased) and others versus S.P.L.Chockalingam Chettiar and another Civil Procedure Code (V of 1908), Sec.65 Property sold in court auction on 29.3.1976 Sale confirmed on 20.12.1976 In between third person entering into a mortgage with respect to that property Tenant depositing rent in court Auction purchaser if entitled to the amount deposited. 12-Nov-1993 Quick Review

(1994) 1 MLJ 583 (Mad) Mrs.Saroj Goenka and others versus Nariman Point Building Services and Trading Private Ltd., Madras and others (A) Companies Act (I of 1956), Secs.10-F, 397 and 398 Appellants filing company petition under Secs.397 and 398 Maintainability of petition questioned by respondent Company Law Board directing that maintainability question would be heard along with other issues arising in petition Appeal against that order, if maintainable. 10-Dec-1993 Quick Review

(1994) 1 MLJ 570 (Mad) Antonysami versus Arulanandam Pillai and another (A) Civil Procedure Code (V of 1908), O.21, Rule 34 and 0.43, Rule 1 (i) Suit for specific performance of contract of sale decreed Execution petition filed Court ordering in decree that defendant should measure and demarcate boundaries for 13 grounds and 49] sq.ft. in properly described therein before certain date And decree holder should d... 29-Sep-1993 Quick Review

(1994) 1 MLJ 554 (Mad) Mohanaram Chettiar versus K.V.Santhanam and another Civil Procedure Code (V of 1908), O.34, Rule 5 Suit to enforce security bond Final decree passed Property subjected to security Brought to sale and purchased by auction purchaser Posted for confirmation of sale on 10.4.1972 Numerous proceedings under provisions of Code and Debt Relief Acts One of judgment-debtors died Son of decease... 6-Jan-1994 Quick Review

(1994) 1 MLJ 514 (Mad) Andichi Ammal and another versus Periya Muniyandi Moopar (A) Civil Procedure Code (V of 1908), O. 18, Rule 17 Provision under If can be invoked only by court and not by party. 1-Dec-1993 Quick Review

(1994) 1 MLJ 494 (Mad)

Muniappa Reddiar versus Ganesa Reddiar and another (A) Civil Procedure Code (V of 1908), Sec.115 Tamil Nadu Cultivating Tenants Protection Act (XXV of 1955) Cultivating tenant in arrears of rent Rent court passing orders directing payment of arrears in instalments Order not challenged by tenant Landlord filing revision against order of revenue court dismissing his petition for ejection ... 6-Dec-1993 Quick Review

(1994) 1 MLJ 421 (Mad) G.Lakshmi versus S.Murali Civil Procedure Code (V of 1908), Sec.24 Petition for divorce pending before the Principal Judge, Family Court Transfer of, sought Remarks of Principal Judge showing that he had taken grievance made by petitioner seriously and commented adversely about them Petition, if liable to be transferred. 24-Dec-1993 Quick Review

(1994) 1 MLJ 392 (Mad) Dakshinamurthy versus Raman and another Civil Procedure Code (V of 1908), O.41, Rule 5 Stay Suit for declaration of title and injunction Decreed Appeal dismissed Second appeal filed Stay of operation of decree of lower court not granted Decree holder, if barred from executing decree on ground that second appeal was pending. 30-Aug-1993 Quick Review

(1994) 1 MLJ 370 (Mad) Varadappa Gounder and others versus Karuppa Goundar Civil Procedure Code (V of 1908), O.22, Rules 3 and 4 Limitation Act (XXXVI of 1963) Ans.120 and 121 Preliminary decree in suit for partition passed Plaintiff filing application for passing of final decree Plaintiff dying Son of plaintiff praying to implead himself as legal representative of deceased plaintiff-Allegation that by virtue of... 1-Sep-1993 Quick Review

(1994) 1 MLJ 369 (Mad) S.Sadayandi and another versus D.S.Pudupatty Co-operative Building Society represented by its Secretary (A) Civil Procedure Code (V of 1908), 0.21, Rule 72 Tamil Nadu Co-operative Societies Act (LIII of 1961), Sec.91 Recovery of loan payable by number to a co-operative society Deputy Registrar of cooperative societies passing award Execution petition filed in Court for realisation of amount Society, if can purchase property of debtor... 17-Sep-1993 Quick Review

(1994) 1 MLJ 357 (Mad) Ram Mandiri and another versus Ranganatha Naidu Civil Procedure Code (V of 1908), Sec. 15 Revision Document sought to be admitted in evidence No ground of objection stated-Admission ordered Order if can be revised. 24-Nov-1993 Quick Review

(1994) 1 MLJ 355 (Mad) Karuppan Chettiar versus Karuppiah and others Civil Procedure Code (V of 1908), O.5, Rule 20 Substitued service of summons When can be ordered smmons issued on three occasions returned for three different reasons-Court, if can order publication in newspapers. 21-Dec-1993 Quick Review

(1994) 1 MLJ 340 (Mad) Mohamed Hussain Sulaiman of Great Eastern Engineering Company versus State Bank of India, Overseas Branch, Madras and others Civil Procedure Code (V of 1908), 0.39, R.6 and Sec151 Sale by way of interlocutory orders of property subject matter of suit When can be ordered Inherent power of court not available. 17-Aug-1993 Quick Review

(1994) 1 MLJ 309 (Mad) K.L.Ponnambalam versus Subdra Devi Civil Procedure Code (V of 1908), O.1, Rule 10(2) Necessary or proper party Respondent entering into agreement to purchase vacant land Filing suit for specific performance Original owner being set ex parte, decree passed Sale deed executed by court Respondent filing execution petition for delivery of possession Purchaser of suit land b... 29-Sep-1993 Quick Review

(1994) 1 MLJ 306 (Mad) G.Rajendran versus P.C.Ramalingam and another (A) Civil Procedure Code (V of 1908), O.21 Suit for partition Final decree passed Execution petition for delivery of possession of suit property Effective delivery not made Remedy of decree holder It can file fresh execution petition or should file fresh suit. 7-Oct-1993 Quick Review

(1994) 1 MLJ 301 (Mad) Rajam Abraham versus Shantha Civil Procedure Code (V of 1908), O.26, Rule 9 Commissioner, appointment of Request for by dependant If could be made only filing of written statement. 15-Oct-1993 Quick Review

(1994) 1 MLJ 297 (Mad) Jagadeeswaran versus Federal Bank, Pollachi Branch, Coimbatore District and another Civil Procedure Code (V of 1908), Sec.51 Decree-holder applying for execution of decree Judgment-debtor resisting petition putting forth plea of no means Decree-holder, if should proceed against immovable properties first. 11-Aug-1993 Quick Review

(1994) 1 MLJ 258 (Mad)

Paramount Group Pvt. Ltd. versus Tamil Nadu Industrial Investment Corporation Ltd. (A) Civil Procedure Code (V of 1908), Sec.37, Explanation Jurisdiction to execute decree Mortgage suit filed in Sub Court, Chengalpattu decreed Area where mortgaged property was situate was brought within jurisdiction of Sub Court, Poona-mallee Later on Original Side Jurisdiction of Madras High Court extended to that area Execution petiti... 6-Sep-1993 Quick Review

(1994) 1 MLJ 255 (Mad) B.K.Jinnah versus K.P.Krishnan Civil Procedure Code (V of 1908), 0.21, Rule 34(i) Execution petition by decree-holder for execution of sale deed Decree-holder ordered to produce fair sale deed Procedure prescribed under 0.21, Rule 34(i) not followed Propriety. 13-Aug-1993 Quick Review

(1994) 1 MLJ 205 (Mad) J.K.Abdul Jabbar Rowther versus V.J.Mani Raj and others (A) Civil Procedure Code (V of 1908), O.14, Rule 5 Issues Recasting of by Court Notice to parties not necessary. 5-Aug-1993 Quick Review

(1994) 1 MLJ 191 (Mad) Rajangam versus Sultan Abdul Khader Civil Procedure Code (V of 1908), Sec.60(1) Proviso, Clause (c) Exemption of house belonging to agriculturist from attachment under When available. 1-Oct-1993 Quick Review

(1994) 1 MLJ 180 (Mad) Minor Humera Bhanu, represented by her mother and next friend Sirajunnissa and others versus M/s.Cholan Roadways Corporation by its Managing Director, Kumbakonam. Civil Procedure Code (V of 1908), 0.41, Rule 22 Appeal Respondent not filing cross-objections If can canvass for reduction of the quantum of compensation awarded by Motor Accident Claims Tribunal Appellate court If can maintain decree appealed from on ground which had been raised but not accepted by trial court. 2-Sep-1993 Quick Review

(1994) 1 MLJ 152 (Mad) M.Subramania Mudaliar versus K. Janardhanam and others Civil Procedure Code (V of 1908), O.7, R.10 Suit value of below Rs. 3 0,000 filed in the City Civil Court Appeal presented in High Court Returned for rectification of defects Represented Registry re-turning the appeal papers Deputy Registrar making endorsement that papers returned for representation to proper court Direction, if prope... 21-Jul-1993 Quick Review

(1994) 1 MLJ 105 (Mad)

B.Puthan versus B.M-Billan and another (A) Civil Procedure Code (V of 1908), 0.9, Rule 13 Petition under Secs. 195 and 340, Criminal Procedure Code To sanction to prosecute for offence under Sec. 193, Indian Penal Code Respondents remaining absent set ex parte Petition allowed Order if can be set aside. 30-Sep-1993 Quick Review

(1994) 1 MLJ 100 (Mad) M.Subramania Mudaliar versus Janardhanam and ethers Civil Procedure Code (V of 1908), Sec.11 Constitution of India (1950), Arts. 133 and 136 Trial court deciding two suits having common issues on merits Two appeals filed therefrom One of them dismissed on preliminary ground like limitation or default in printing Appellant intending filing Special Leave Petition before Supreme Court of Indi... 27-Jul-1993 Quick Review

(1994) 1 MLJ 98 (Mad) Vellai Ammal and others versus Chinnammal and others Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of Pleadings If can be refused because of mistake, negligence, inadvertence or infraction of rule of procedure Relief when can be denied. 15-Oct-1993 Quick Review

(1994) 1 MLJ 85 (Mad) Dr.H.Ranganathan and another versus V.Chandrasckar and others (A) Letters Patent (Madras), Clause 15 Civil Procedure Code (V of 1908), 0.41, Rules 5 and 6 Appeals under Letters Patent Granting stay of execution of decree Principles adopted for. 1-Nov-1993 Quick Review

(1994) 1 MLJ 78 (SC) Desh Bandhu Gupta versus N.L.Anand and another (A) Civil Procedure Code (V of 1908), O.21, Rule 10: Money decree Decree executed against property of judgment-debtor-Property sold for amount exceeding pecuniary jurisdiction of executing court Executing court, if had no jurisdiction to execute decree. 17-Sep-1993 Quick Review

(1994) 1 MLJ 73 (Mad) Annadhana Kattalai Arulmigu Thiagaraja Swamy Devasthanam, Tiruvarur versus V.Vasudevan and others Civil Procedure Code (V of 1908), Sec. 15 Revision under Powers of High Court High Court if can reappraise evidence Interference in revision Scope of. 20-Aug-1993 Quick Review

(1994) 1 MLJ 70 (Mad)

D.Vijayan and another versus V.K.Arumugam and another Civil Procedure Code (V of 1908), 0.6, Rule 17 Amendment of plaint Suit for permanent injunction Plaintiff seeking amendment of plaint Seeking reliefs of possession Alleging that defendant committed criminal trespass on suit property Put up shops buildings thereon Amendment, if can be allowed. 25-Aug-1993 Quick Review

(1994) 1 MLJ 66 (SC) Veb Deuifracht Sccieedcrei Rostock (D.S.R. Lines) A Department of the German Democratic Republic versus New Central Jute Mills Co. Ltd. and another Civil Procedure Code (V of 1908), Sec.86 Scope and object of Suit against department and or agent and/or instrumentality of a foreign Government Entertainment of Prior consent of Central Government, if necessary Commercial contracts relating to trade and business if outside purview of Section Question whether suit should be entertaine... 5-Nov-1993 Quick Review

(1994) 1 MLJ 55 (Mad) Basil Products by Partners versus Mathuram Perumal and others Tamil Nadu Buildings (Lease and Rent Control) Act(XVIII of 1960), Sec.23(1)(b) Civil Procedure Code (V of 1908), O.9, Rule 13 Conditional order passed on 20.3.1986 directing petitioner to pay Rs. 25 before 2.4.1986 failing which petition will be dismissed Amount not paid Petition dismissed on 3.4.1986 Appeal against order dated 3.4. 1986 ... 18-Aug-1993 Quick Review

(1994) 1 MLJ 51 (Mad) Dayanandammal alias Dayalammal and another versus St.Thomas Tamil Church represented by its Pastor and another Civil Procedure Code (V of 1908), O.20, Rule 12 Decree for mesne profits It can be passed without holding an enquiry Specific averments as to mesne profits in plaint Not denied in written statement Court, if can proceed on the footing that amount claimed was reasonable. 5-Aug-1993 Quick Review

(1994) 1 MLJ 30 (Mad) Ramasamy and others versus Selvambal alias Parimalanayagi and others (A) Civil Procedure Code (V of 1908), 0.7 Filing of a plaint Not a mere formality A body of rules. 3-Sep-1993 Quick Review

(1994) 1 MLJ 28 (SC) O.T.M.O.M.Mcyyappa Chettiar versus O.T.M.S.M. Kasi Viswanathan Chettiar and another Civil Procedure Code (V of 1908), Sec. 100 Second appeal High Court If can reappraise evidence on record stating that finding of courts below was perverse. 24-Aug-1993 Quick Review

(1994) 1 MLJ 19 (Mad) Dharamchand Nahar and others versus Kantilal Chandak (A) Civil Procedure Code (V of 1908), O. 4, R. 9, O. 39, Rules 1 and 2 Suit dismissed for default Petition filed to restore the suit Application for injunction pending disposal of petition for restoration Court passing order directing respondent to furnish bank guarantee Validity of. 27-Aug-1993 Quick Review

(1994) 1 MLJ 14 (Mad) S.Prabhavathi versus The Revenue Divisional Officer, Thiruppathur, North Arcot District (A) Civil Procedure Code (V of 1908), Sec.151 Scope and applicability Wide Not subject to any limitation. 6-Jul-1993 Quick Review

(1994) 1 MLJ 8 (SC) Subodh Kumar Gupta versus Shrikant Gupta and others Civil Procedure Code (V of 1908), Sec. 20(c) Cause of action Firm carrying on business at Mandsaur Father and sons partners Head Office situate at Bombay Plaintiff, a partner shifting to Chandigarh Branch Office of firm situate at Chandigarh Agreement to dissolve firm executed at Bhilai Suit for dissolution of firm and rendition of ... 19-Aug-1993 Quick Review

(1993) 2 MLJ 674 (Mad) D.Krishnamurthi versus K.Parasuraman (A) Civil Procedure Code (V of 1908), Sec. 11 Res judicata Two suits filed in which issue relating to title was framed One suit decreed and the other dismissed No appeal filed from decree in one suit Appeal against other decree, if barred by res judicata. 15-Jul-1993 Quick Review

(1993) 2 MLJ 672 (Mad) Veerappan versus Kolanda Gounder Civil Procedure Code (V of 1908), O.39, Rules 1 and 2 Suit for injunction Interim injunction granted pending suit If amounts to passing of decree in suit before trial. 3-Sep-1993 Quick Review

(1993) 2 MLJ 574 (Mad) T.R.Sriram versus K.M.Duraibabu and others 22-Jun-1993 Quick Review

(1993) 2 MLJ 560 (Mad)

Viswanathan and others versus R. Lakshmi Ammal (deed.) and others (A) Specific Relief Act (XLVII of 1963), Sec.16(c) Civil Procedure Code (V of 1908), 0.6, Rule 3 and Form 47 of Appendix-A Specific performance of contract Enforcement of Person seeking to enforce, if has to prove readiness and willingness to perform his past throughout the period from date of contract. 11-Mar-1993 Quick Review

(1993) 2 MLJ 533 (Mad) M Anandan versus Ayyanna Gounder Memorial Trust represented by its Trustees, C.B.Nanjappan and others (A) Civil Procedure Code (V of 1908), Sec.92 Suit against public trust Leave, if a condition precedent. (B) Civil Procedure Code (V of 1908), Sec.92 Object of Suit filed under section Procedure to be followed by trial court in. 6-Aug-1993 Quick Review

(1993) 2 MLJ 531 (Mad) Loganatha Mandiri versus Seshachala Naidu (deceased) and others Civil Procedure Code (V of 1908), O.22, Rule 4 Suit filed against dead person Maintainability Plaint, if can be amended to substitute legal representatives of deceased. 6-Aug-1993 Quick Review

(1993) 2 MLJ 520 (Mad) Chellakannu Pillai alias >Sethu Pillai versus P.Vembu Animal (Minor) (died) and others Civil Procedure Code (V of 1908), 0.22, Rule 4 Appeal abating as against one of the respondents and dismissed against another Appeal if can proceed as against surviving respondents. 8-Apr-1993 Quick Review

(1993) 2 MLJ 500 (Mad) C.Amarcndran and others versus State Bank of India (A) Civil Procedure Code [V of 1908), O. 1 Rule 3-Joinder of parties and causes of action Plaintiffbank entering into separate contracts with partner-ship firm and proprietary firm for providing fmancial accommodation Title deeds of properties belonging to some of the partners of partnership firm deposited as security on behalf of both the fir... 20-Oct-1991 Quick Review

(1993) 2 MLJ 493 (Mad) N.Anandan versus Ayyanna Gounder, Memorial Trust represented by its Trustee, C.B.Nanjappan and others (A) Civil Procedure Code (V of 1908), Sec.92 (1) and O.1, Rule 8 Relevant scope Leave of court, if condition precedent for suits under. 30-Jun-1993 Quick Review

(1993) 2 MLJ 462 (Mad)

Alagirisamy Naidu versus Dharmaraj Naidu (A) Civil Procedure Code (V of 1908), Sec.11 Explanations V and VII Claim made during trial of suit Not accepted Same, if can be agitated in execution proceedings. 3-Aug-1993 Quick Review

(1993) 2 MLJ 456 (Mad) Sri Ayyappan Bleaching Factory by its Proprietor K.Pushpanathan, Erode versus Family Manager, M.Palaniappan, Erode Civil Procedure Code (V of 1908), 0.29, Rule 1 Partnership Act (IX of 1932), Sec.5 Plaintiff, a registered partnership firm filing suit against respon-dent for money due Suit filed as if plaintiff was a proprietary concern Maintainability of. 26-Jul-1993 Quick Review

(1993) 2 MLJ 454 (Mad) K.AKunjalu versus V.VJose Civil Procedure Code (V of 1908), Sec.152, O.47, Rule 1 Money decree Prayer for interest at 24% from date of suit till date of decree Judgment of court directing payment of interest at 6% as prayed for by plaintiff Decree granting interest at 6% Amendment of decree if can be made without amend-ingjudgment. 3-Aug-1993 Quick Review

(1993) 2 MLJ 452 (Mad) Kuppusamy Gounder versus Kandasamy Gounder Civil Procedure Code (V of 1908), Sec.51 Applicability Judgment-debtor having sufficient means to pay decree debt Neglecting to pay Arrest, if can be ordered. 3-Aug-1993 Quick Review

(1993) 2 MLJ 441 (Mad) Kuppan versus S.AKuppammal Civil Procedure Code (V of 1908), Sec.24 Scope and applicability Proceeding in Sec.24 Meaning of Application for transfer of appeal filed before lower court but not taken on its fileMaintainability. 20-Apr-1993 Quick Review

(1993) 2 MLJ 415 (Mad) The Union of India represented by the Steel Authority of India Ltd., Salem Steel Plant, Salem versus Kuppayammal and another (A) Land Acquisition Act (I of 1894), Sec.20(d) (as added by Tamil Nadu Amendment Act, 1989) -Party having right to implead itself in proceeding -Delay if defeats right. 23-Apr-1993 Quick Review

(1993) 2 MLJ 413 (Mad)

Santhokban Vallabhdas Madhvani and others versus Taraben Pravinlal Madhvani, Executrix to the Estate of Pravin Vithaldas Madhvani (Deceased) and another Civil Procedure Code (V of 1908), 0.47, Rule 1 New plea Ground not raised earlier No counter affidavit filed on earlier occasion If can be raised in review application. 28-Jul-1993 Quick Review

(1993) 2 MLJ 395 (Mad) Kolandai versus Arasan Servai and others (A) Transfer of Property Act (IV of 1882), Sec.52 Collusion Burden of proof Entire evidence before court Burden of proof, if relevant 1-Apr-1993 Quick Review

(1993) 2 MLJ 390 (Mad) S.Govindasamy Naidu and others versus Poorna Valli and others (A) Tamil Nadu Hindu Religious and Charitable Endowments (XXII of 1959), Secs.6(18) and (20) Temples belonging to thousand Yadhavas Community Members of community using temples as of right as a place of public religious worship-Temples, whether temples and religious institutions. 1-Apr-1993 Quick Review

(1993) 2 MLJ 388 (Mad) Vellachi Animal and others versus The Superintending Engineer (South Arcot Division North) Office of the Superintending Engineer, TNEB., Villupuram Civil Procedure Code (V of 1908), O.44, Rule 1, read with 0.33, Rule 5(f) Limitation Act (XXXVI of 1963), Art. 72 Suit for recovery of compensation from Tamil Nadu Electricity Board for death of petitioners husband due to electrocution through a live wire of Board-Act or omission making place on 9.12.1972 Suit filed on 12.10.1988 Suit dism... 8-Jul-1993 Quick Review

(1993) 2 MLJ 383 (Mad) Chemikal and Plastics India Ltd. versus Karisiammal and others Civil Procedure Code (V of 1908), O.33, Rule 25 Petition for permission to sue as indigent persons Government not filing any counter or any report that petitioners have any property Petition allowed Respondent in petition, if an aggrieved person If can challenge correctness of order. 23-Dec-1991 Quick Review

(1993) 2 MLJ 383 (Mad) K.G. Palanisamy and others versus S.Kathiresan civil procedure code (v of 1908), o.26, rule 9-petition far appointment of advocate-commissioner to inspect suit properties and file a report other party raising objections court, if should consider objections before passing orders. 27-Apr-1993 Quick Review

(1993) 2 MLJ 382 (Mad)

Iruthayasamy versus Janakammal Civil Procedure Code (V of 1908), O.21, Rule 11 and 115 Ex parte decree passed against judgmentdebtor Judgment-debtor filing petition for setting aside decree Decree-holder praying for attachment of salary of judgment-debtor in execution of decree Ordered Order, if can be interfered with in revision. 27-Apr-1993 Quick Review

(1993) 2 MLJ 380 (Mad) Thirugnanam versus M.Kulasekaran Civil Procedure Code (V of 1908), Sec.141 and O.9. Rules 8,9 and 13 Order setting defendant ex parte -Application to set aside Ordered on condition that defendant paid Rs.100 within a certain date Cost not paid within that date Application dismissed Application to set aside that order and restoration of interim application, if would lie. 30-Mar-1993 Quick Review

(1993) 2 MLJ 377 (Mad) M/s.Espee Agencies and others versus State Bank of India, Tiruchirapalli Civil Procedure Code (V of 1908), O.26, Rule 10(c) Defendants surrendering textiles to plaintiff expressing inability to sell them Court, if can direct sale of those goods even before determination of suit. 9-Jul-1993 Quick Review

(1993) 2 MLJ 376 (Mad) Muthulakshmi Ammal versus M.D.Venkatesan and another Civil Procedure Code (V of 1908), Secs.47 and 115 Tamil Nadu Debt Relief Act (XIII of 1980) and(L of 1982) Decree-holder/revision petitioner filing execution petition Petition pending Judgmentdebtors/respondents filing petition under Sec.47, Civil Procedure Code and Tamil Nadu Debt Relief Acts, 1980 and 1982 for declaration that entire dec... 14-Jul-1993 Quick Review

(1993) 2 MLJ 371 (Mad) SJanakaradas, Prop. M/s.Vijayan Saw Mills and Wood Works, Palliyadi versus C.M.Raj Mohan (A) Civil Procedure Code (V of 1908), O. 38, Rule 11 Property under attachment made before judgment Decree passed subsequently in favour of plaintiff First execution petition filed by plaintiff dismissed for default Second execution petition, if can be entertained without fresh attachment. 24-Feb-1993 Quick Review

(1993) 2 MLJ 368 (Mad) S.Mani versus N.G.Mani and others Civil Procedure Code (V of 1908), Sec.10 Scope and applicability Cultivating tenant filing suit for injunction restraining landlord from ejecting him from suit land Subsequently filing application before Tahsildar for recording him as tenant under Tamil Nadu Agricultural Lands Record of Tenancy Rights Act (X of 1969) If can obtain stay of s... 9-Jul-1993 Quick Review

(1993) 2 MLJ 298 (Mad) K.N.Sankaranarayanan and another versus Shree Consultations and Services Ltd. and others Companies Act (I of 1956), Secs. 397, 398 and 399 (3) Civil Procedure Code (V of 1908), Order 14, Rule 2 (2) Petition for Winding up filed Preliminary objection raised on ground that consentof other members of company was not valid Company Law Board holding that petition was maintainable and giving interim directions Discretion exercised ... 25-Jun-1993 Quick Review

(1993) 2 MLJ 252 (Mad) M.Manickam Pillai versus Kuppulakshmi and others Transfer of Property Act (IV of 1882), Sec.55(4-B) Civil Procedure Code (V of 1908), 0.21, Rule 63Uhpaid vendors charge Judgment-debtor selling the property to third party Whether the property can be attached for the unpaid vendors charge. 2-Feb-1993 Quick Review

(1993) 2 MLJ 195 (Mad) Mary Selvam versus Santhosham and another Civil Procedure Code (V of 1908), Sec.115 Refusal to recall a witness when the Court had earlier permitted such recall Whether amounts to adjudication of some right of the party for the purpose of suit Revision, if would lie against such order. 26-Apr-1993 Quick Review

(1993) 2 MLJ 193 (Mad) Devagiri Plantations Ltd. Nagercoil and another versus State of Tamil Nadu Civil Procedure Code (V of 1908), O.41, Rule 23 Remand under Powers of Conditions for exercise Suit disposed of by trial court on all issues Appellate court if can order remand without reversing decree of the trial court. 30-Apr-1993 Quick Review

(1993) 2 MLJ 177 (Mad) Samuvelraj alias N.S.Raj versus Y.Jebamony Civil Procedure Code (V of 1908), Sec.60(c) ID a member of Farmers Co-operative Society But no evidence to show that he is solely living on income derived from agricultural operatives His house and appurtenant land, if exempt from attachment and sale in execution of decree against him. 20-Apr-1993 Quick Review

(1993) 2 MLJ 169 (Mad) T.Duraiswami versus Lakshmi and another (A) Civil Procedure Code (V of 1908), O.21, Rule 66(2)(f) Sale proclamation Amin inspecting property and giving his valuation of the property Court noting the value given by the amin in sale proclamation Sale proclamation, if rendered defective. 18-May-1993 Quick Review

(1993) 2 MLJ 129 (Mad)

Subramania Odear and others versus Govindammal and another Civil Procedure Code (V of 1908), O.41, Rule 1 Appointment of Receiver pending litigation Object When justified. 26-Feb-1993 Quick Review

(1993) 2 MLJ 127 (Mad) Shencottah Municipality by its Commissioner, Shencottah and another versus Shencottah Municipality Tax Payers Welfare Association by its President and others Civil Procedure Code (V of 1908), O.1, Rule 8 Tax Payers Welfare Association Application to sue Municipality against enhancement of tax in a representative capacity Suit whether maintainable. 14-Sep-1992 Quick Review

(1993) 2 MLJ 126 (SC) M/s. Devidayal Rolling Mills versus Prakash Chimanlal Parikh and others Constitution of India (1950), Arts. 136 and 142 Civil Procedure Code (V of 1908), Sec.47 Question of title in respect of immovable property raised for the first time before Supreme Court by way of an interim application in a aismissed Special Leave Petition If can be entertained and decided by the court Matter entertained under concession a... 24-Mar-1993 Quick Review

(1993) 2 MLJ 124 (Mad) Abdul Salam Rowther versus State Bank of India represented by its Manager, Villupuram Civil Procedure Code (V of 1908), O.5, Rules 12,15, 17,19-A and 20 and O.9, Rule 13-Application to set aside ex parte decree on the ground of improper service of summons Proper service Requirements Held on facts that service by affixture was improper and hence ex parte decree should be set aside. 19-Mar-1993 Quick Review

(1993) 2 MLJ 122 (Mad) Ramamoorthy versus Thiru Murugan Commercial Finance Corporation by its Partner, Rangamani Civil Procedure Code (V of 1908), Sec.96(4) Suit before District Munsif for money claim of less than Rs.3,000 Suit dismissed holding that defendant was entitled to benefit of Act 13 of 1980 Appeal under Sec.96(4) Appellate court allowing application for receipt of additional evidence and remanding case back to trial court for fresh disposal, ... 12-Jan-1993 Quick Review

(1993) 2 MLJ 117 (Mad) Koil Pillai versus Territorial Commandor, Territorial Head Quarters, Salvation Army, Palayamkottai and another Civil Procedure Code (V of 1908), Sec.9 Right of worship adopting the rituals and practices of the Christian community of Sambavarvadakarai in the suit property If a civil right If can be enforced by a civil suit. 20-Nov-1992 Quick Review

(1993) 2 MLJ 109 (Mad)

Paul Samuel alias Paulraj Samuel and another versus Koil Pitchai Anandhadurai Civil Procedure Code (V of 1908), O. 25, Rule 1 and Sec. 15 Power to examine witness on commission When maybe exercised-Appointment of Commissioner without examining whether the proposed witnesses were really sick or infirm Legality Revision petition against order If maintainable. 23-Feb-1993 Quick Review

(1993) 2 MLJ 104 (Mad) S.Pakkiaraj versus S.N.Kulasekaran Civil Procedure Code (V of 1908), O.21,Rule 22 Execution petition filed within two years after dismissal of appeal by appellate court Notice to judgment-debtor, if necessary. 9-Feb-1993 Quick Review

(1993) 2 MLJ 104 (SC) National Insurance Company Ltd. versus State Bank of India and others Civil Procedure Code (V of 1908), Sec. 100 Finding of fact by appellate court High Court, if can interfere with. 26-Mar-1993 Quick Review

(1993) 2 MLJ 35 (Mad) M.James and another. versus S.Isaac Banerjee and others Civil Procedure Code (V of 1908), Sec.92 (as amended by CIV of 1976) Applicability Grant of leave Conditions for Averment in the plaint that church is a religious trust That the affairs have not been administered according to provisions stipulated Praying for a scheme Requirements of section whether satisfied. 25-Jan-1993 Quick Review

(1993) 2 MLJ 33 (Mad) Kalianna Kounder and others versus Marappa Kounder Civil Procedure Code (V of 1908), O.38, R.6,Appen-dix-F, Form N0.6 Security Defendant, if can furnish third party security, personal or property. 22-Feb-1993 Quick Review

(1993) 2 MLJ 17 (Mad) Kamakshi versus Minor Ramalingam alias Munusami and another (A) Civil Procedure Code (V of 1908), Sec.103 Lower appellate court not giving into a question of factum of marriage But gave a finding High Court if can go into the question in second appeal The lower appellate court has not specifically gone into the question of factum of marriage though it held that the marriage was void in view of the su... 12-Jan-1993 Quick Review

(1993) 2 MLJ 15 (Mad)

Abdul Salam versus T.R.Vinobkumar and another (A) Civil Procedure Code (V of 1908), Sec.24 and 0.39, Rule 1 Interim injunction obtained by one party other party insisting that application may be heard Court insisting on hearing the application Transfer of case from that Court on that ground If can be made. 19-Feb-1993 Quick Review

(1993) 1 MLJ 644 (Mad) Soopi Haji and others versus R.M.Ramanathan Chettiar Civil Procedure Code (V of 1908), O. 17, Rules 2 and 3 and Explanation to Rule 2 (as amended by Act CIV of 1976) One of the parties absent on date of hearing Suit can be disposed of only under Rule 2 Rule 3 not attracted in the absence of party Evidence of party not taken at all or some evidence taken but substantial portion of evidence of ... 9-Feb-1993 Quick Review

(1993) 1 MLJ 631 (Mad) V.Muthukumaran and another versus State of Tamil Nadu and others (A) Civil Procedure Code (V of 1908), O.33, Rule 11 (as amended in Madras) Person instituting suit as a pauper dying Legal representatives brought on record Suit dismissed Court fees, if can be recovered from legal representatives. 1-Mar-1993 Quick Review

(1993) 1 MLJ 597 (Mad) A.Mani versus A.Chandranath (A) Civil Procedure Code (V of 1908), O.21, Rule 37(1), (2) Petition for arrest and detention Judgment-debtor appearing before executing court and filing counter Paying several amounts towards decree Not appearing before court on one day and not paying amount directed to be paid by him on that day Decree-holder filing affidavit stating th... 17-Dec-1991 Quick Review

(1993) 1 MLJ 507 (Mad) S.Kuppurathinam and others versus A.R.Muniralhinam (A) Civil Procedure Code (V of 1908), O.41, Rule 27 and O.13, Rule 2 Documents available in court Omitted to be marked due to inadvertence Party, if can be allowed to mark them by appellate court. 22-Jan-1993 Quick Review

(1993) 1 MLJ 476 (Mad) Subba Navithan versus Veluchami Gounder Civil Procedure Code (V of 1908), O.21, Rules 64 and 66 Decree amount of Rs.6,020 Lands of judgment-debtor worth Rs.67,200 if can be brought to sale in execution. 22-Feb-1993 Quick Review

(1993) 1 MLJ 453 (Mad) M.Sundaram Servai versus Muslim Jamath (Public Wakf), Karaikudi represented by its President, Janab Syed Mohammed and another

(A) Civil Procedure Code (V of 1908) (as amended by Act CIV of 1976), Sec.99 Suit by President and Secretary of a Wakf Objection as to frame of suit in second appeal stage Maintainability.

3-Jul-1992 Quick Review

(1993) 1 MLJ 451 (Mad) V.Subramani versus Arumugham (A) Civil Procedure Code (V of 1908), Sec.115 and O.14(2)(a) Petitioner raising question of pecuniary jurisdiction of court and praying for that issue to be decided first Petition dismissed Revision against order, if lies. 20-Aug-1992 Quick Review

(1993) 1 MLJ 446 (Mad) Corporation Bank versus M/s.E.W.Stevensors, No.22, Jawaharlal Nehru Road, Calcutta and others Civil Procedure Code (V of 1908), O.9, Rule 13, Proviso 1 Exparte decree passed against more than one defendant First defendant, principal debtor Defendants 2 and 3 sureties First defendant alone applying for setting aside exparte decree Decree, if to be set aside against the other defendants also. 9-Sep-1992 Quick Review

(1993) 1 MLJ 439 (Mad) Avudaithangammal versus Pechimuthupandia Thevar (died) and others Civil Procedure Code (V of 1908), Sec.2(12) Mesne Profits Suit for partition, separate possession and mesne profits decreed Decree confirmed on appeals Plaintiff filing interlocutory applications Claiming mesne profits Ordered in part Appeals against such orders Maintainable. 24-Nov-1992 Quick Review

(1993) 1 MLJ 436 (Mad) Rajammal and another versus Sellani Ammal (A) Civil Procedure Code (V of 1908), Sec.11 Res judicata Suit for declaration that will concerning suit properties and other properties invalid and for maintenance of plaintiff if will was found valid Compromised and decree passed No issue framed in suit regarding the nature of the suit properties Decree if operates as res judicata in su... 16-Dec-1992 Quick Review

(1993) 1 MLJ 423 (Mad) Pe.Ramasamy Thevar versus Perumal Thevar and others Civil Procedure Code (V of 1908), O.1,Rules 1,9,13 and O.2, Rule 7 Objection as to misjoinder of parties or cause of action Objection not taken before settlement of issues Effect. 16-Oct-1992 Quick Review

(1993) 1 MLJ 375 (Mad) A.Radhakrishnan versus Auvadai Ammal and another Civil Procedure Code (V of 1908), O.6, Rule 17 Suit for permanent injunction restraining defendants 3-Sep-1992

from interfering with his possession Defendants claiming that they were in possession of suit properties Plaintiff therefore filing petition to amend the plaint praying for declaration that he is absolute owner of the suit property or in the al...

Quick Review

(1993) 1 MLJ 370 (Mad) Amsath Ansari Jawahar and another versus S.Sikkandar Batcha and others (A) Civil Procedure Code (V of 1908), O.41, Rule 22 Preliminary decree for partition Defendant filing appeal against decree Plaintiff preferring cross-objection after a delay of over 6 years Memorandum of cross-objections whether can be dismissed on ground of delay Period of limitation for cross-objections. 24-Nov-1992 Quick Review

(1993) 1 MLJ 365 (Mad) Nesamony Transport Corporation Ltd., Nagercoil versus John Bright (Minor), represented by Guardian and Father A.Ramasamy and another Civil Procedure Code (V of 1908), O. 47 Motor Vehicles Act (IV of 1939), Sec.110-C(2) Tamil Nadu Motor Vehicles Rules, Rule 18 Motor Accidents Claims Tribunal, if can review its judgment. 13-Oct-1992 Quick Review

(1993) 1 MLJ 274 (Mad) Sri-la-Sri Srvasubrainanyananda Swami versus Sri-la-Sri Arunachalasamy Chidambaram and another Civil Procedure Code (V of 1908), Sec.151 and O.39, Rule 2-A Exercise of inherent powers under Sec.151 Scope Civil Courts if can issue directions to police to extend their aid in the execution of decrees and orders or to implement orders of injunction passed by civil courts. 14-Oct-1992 Quick Review

(1993) 1 MLJ 175 (Mad) Seetharaman versus Vaduvambal Hindu Marriage Act (XXV of 1055), Secs.27 and 28(1) and (2) Civil Procedure Code (V of 1908), Sec.105(1) Petition by wife under Sec.27 of Hindu Marriage Act for return of jewellery Dismissed Appeal against dismissal, if can be maintained. 7-Aug-1992 Quick Review

(1993) 1 MLJ 163 (Mad) Radhika Konel Parekh versus Konel Parekh. (A) Letters Patent (Madras), Clause 15 Order passed on application for stay of proceedings If judgment Appeal from such order, if maintainable (Civil Procedure Code (V of 1908), Sec.10). 12-Aug-1992 Quick Review

(1993) 1 MLJ 150 (Mad) M/s.Hindustan Petroleum Corporation Limited versus M/s.Karthikeyan Agencies represented by its Partners

Civil Procedure Code (V of 1908), O.8, Rules 10, 6, 9 and 9(2) Civil Rules of Practice, Rule 32 Suit instituted against four persons initially Petitioner added as fifth defendant Not filing any written statement in spite of grant of time Set ex parte Suit dismissed for default against all the defendants Plaintiff filing application fo...

21-Aug-1992 Quick Review

(1993) 1 MLJ 145 (Mad) J.Ramamurthy versus M/s.Endas by Partner Moorjimal and others Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960), Secs.14(1)(b) and 19 Civil Procedure Code (V of 1908), Sec.11 Petition filed under Sec.14(1) (b) dismissed as not maintainable Findings given on merits also Finding if operates as res judicata or as bar under Sec.19. 21-Sep-1992 Quick Review

(1993) 1 MLJ 95 (Mad) Jayalakshmi Ammal versus K.Lakshmi Iyengar represented by Power Agent M.Jayaramiyar 11-Mar-1992 (A) Evidence Act (I of 1872). Sec.114 Will Registration of. Quick Review

(1993) 1 MLJ 73 (Mad) G.S.Ramachar versus The Block Development Officer, Kaveripatnam and others Civil Procedure Code (V of 1908), O.39, Rule 7 Mandatory injunction Grant of Plaintiff guilty of laches, not entitled to mandatory injunction. 10-Dec-1991 Quick Review

(1993) 1 MLJ 60 (Mad) Baliah Nadar and another versus Rayappan and others Civil Procedure Code (V of 1908), Sec.11 Prior partition suit dismissed for default No decision on merits Second partition suit if hatred by res judicata Right of co-sharers to maintain suit for partition Suit for partial partition, if barred. 10-Jan-1992 Quick Review

(1993) 1 MLJ 46 (Mad) Dhanalakshmi Ammal versus Perie.D.Gonzagaand others (A) Civil Procedure Code (V of 1908), Sec.11 Preliminary decree for partition passed and decree given to plaintiff alone as co-owner Such decree does not determine number of items of properties Items of properties left out can be subject of partition in the course of final decree or in separate suit Purchaser from one co-owner cannot be non... 22-Jul-1991 Quick Review

(1993) 1 MLJ 45 (Mad) N.Chellammal and others versus R.Gangammal Civil Procedure Code (V of 1908), Sec. 10 Stay of suits Matter in issue in two suits not similar 19-Feb-1992

Parties in the suits different Stay of further proceedings in the earlier suit, if can be ordered.

Quick Review

(1993) 1 MLJ 38 (SC) A.A.Haja Muniuddin versus Indian Railways Railway Claims Tribunal Act (LIV of 1987), Secs.13(1), 15 and 18(1) Railway Claims Tribunal Rules (1989), Rules 6 and 44 Civil Procedure Code (V of 1908), O.33 Indigent person if can bepermitted to prefer claim without payment of fee, on principle of O.33, C.P.C. 17-Nov-1992 Quick Review

(1993) 1 MLJ 18 (Mad) M.Krishnappa Chetty and another versus P.E.Chandrasekaran @ Chandran Civil Procedure Code (V of 1908), Sec.148-A and O. 52, Rule 6 Proper procedure to be followed in cases where caveat has been filed Filing of separate vakalat in suit or application by counsel of caveator If necessary Procedure to be followed if counsel for caveator evades service. 5-Nov-1992 Quick Review

(1993) 1 MLJ 18 (SC) Mrs.Payal Ashok Kumar Jindal versus Captain Ashok Kumar Jindal Family Courts Act (LXVI of 1984), Sec.10 Civil Procedure Code (V of 1908), O.5, Rules 9,10,20 and 21 Natural Justice Principles of Divorce proceedings pending before Family Court, Pune Wife filing petition before Supreme Court for transfer of case from Pune to Family Court, Delhi Interim stay-granted Transfer petition dismissed and st... 6-May-1992 Quick Review

(1992) 2 MLJ 640 (Mad) D.Nityanandam and another versus M.D.S.Habeen Aysha and others 18-Feb-1992 (A) Civil Procedure Code (V of 1908), O.16, Rule 19, Proviso Scope and object of. Quick Review

(1992) 2 MLJ 638 (Mad) Duraiswami and others versus Munisami and others (A) Civil Procedure Code (V of 1908), O.22, Rule 4 Suit for declaration of title of plaintiffs and recovery of possession Plaintiffs praying for single decree against all the defendants Lower appellate court dismissing suit in toto One respondent dying and his legal representatives not brought on record Appeal against that respondent abat... 1-Oct-1991 Quick Review

(1992) 2 MLJ 630 (Mad) V.K.P.Sethupathy Chettiar versus A.Chinna Veeran and another (A) Civil Procedure Code (V of 1908), Sec.64 and O.21, Rule 98(2) Property attached in execution proceedings Tenant of judgment-debtor after attachment If can resist auction purchasers claim 6-Apr-1992

for delivery of possession.

Quick Review

(1992) 2 MLJ 625 (Mad) Sriramulu Naidu and others versus Yusuf Sahib and others (A) Civil Procedure Code (V of 1908), Sec.100 Concurrent findings of fact Interference in second appeal. 25-Feb-1992 Quick Review

(1992) 2 MLJ 604 (Mad) Dr. Kamala Dakshinamurthi and others versus Board of Trustees, Srinagar Colony, Madras represented by its Executive Trustee and others (A) Civil Procedure Code (V of 1908), O.1, Rule 8 Notice issued by Board of Trustees for allotment of plots to different persons Persons if acquire common interest by virtue of such notice If suit in representative capacity can be instituted to enforce their individual rights. 12-May-1992 Quick Review

(1992) 2 MLJ 563 (Mad) A.P.S.Bahurudeen and another versus Antony and others Civil Procedure Code (V of 1908), O.23, Rule 1(3)(a) and (b) Permission to withdraw suit with liberty to file a fresh suit When can be granted Application for permission filed in appellate court Matters to be considered Sufficient grounds in clause (b) if to be read ejusdem generis with formal defect Plaintiff, if can be allowed to add... 7-Nov-1990 Quick Review

(1992) 2 MLJ 530 (Mad) Seeni Thevar and others versus M.S.Velayutha Raja and another (A) Tamil Nadu Hindu Religious and Charitable Endowments Act (XXII of 1959), Sec.6(20) Temple Denominational temples whether public temples. 29-Apr-1992 Quick Review

(1992) 2 MLJ 500 (Mad) State Bank of India Officers Association Educational Trust represented by its Secretary, E.A.G.Moses. versus V.Parthasarathy and others (A) Civil Procedure Code (V of 1908), Sec.92 Ingredients of Life member of State Bank of India Officers Association Educational Trust and member of Executive Committee of the Parents-Teachers Association filing application for leave to sue for framing a scheme to appoint new brushes Maintainability. 6-Apr-1992 Quick Review

(1992) 2 MLJ 498 (Mad) Nachayee Ammal and others versus Pichaimuthu (A) Civil Procedure Code (V of 1908), O.21, Rule 22 Execution proceedings Executing Court if 12-Nov-1991

should always issue notice to person against whom execution is applied High Court Circular dated 22.11.1977 Subordinate Court not obeying circular Effect Granting execution without notice, if invalid.

Quick Review

(1992) 2 MLJ 488 (Mad) V.Ganthimathi versus The Commissioner, Pudukottai Municipality, Pudukottai Civil Procedure Code (V of 1908), Sec.115 Revisional jurisdiction of High Court under When can be invoked Case decided What is. 21-Feb-1991 Quick Review

(1992) 2 MLJ 459 (Mad) V.C.Sasidharan versus Chenthamara Civil Procedure Code (V of 1908), O. 38, Rule 5 Interim attachment Defendant executing pronote and giving immovable property as security by way of equitable mortgage by deposit of title deeds Plaintiff suing on the pronote and praying for interim attachment of the property Interim attachment if can be ordered Practice of ordering interim ... 17-Mar-1992 Quick Review

(1992) 2 MLJ 444 (Mad) H.M.Mahesh, In re. Civil Procedure Code (V of 1908), Sec.15 Letters Patent (Madras), Clause 12 Scope and object of Sec.15 If section governs High Court exercising Ordinary Original jurisdiction. 24-Mar-1992 Quick Review

(1992) 2 MLJ 435 (Mad) The Management of Tamil Nadu Mercantile Bank Ltd. represented by its Chairman, Tuticorin and another versus T.Venkatesan (A) Industrial Disputes Act (XIV of 1947), Schedule V, Item 7 Employee transferred Transfer alleged by employee to be mala fide act of victimisation and punishment Industrial dispute raised Employee if can maintain a suit in the civil court for declaration that transfer was mala fide, illegal and unjust and for consequential injunction. 10-Mar-1992 Quick Review

(1992) 2 MLJ 419 (Mad) Yakub Rowther versus Poongavanammal and others Civil Procedure Code (V of 1908), O.21, Rule 63 Claim suit Decision When operates as res judicata in a subsequent suit. 23-Aug-1991 Quick Review

(1992) 2 MLJ 362 (Mad) Kuttiappa Gounder versus P.M.Rangasami

Civil Procedure Code (V of 1908), O.5, Rules 17 and 19 Service of summons Defendant absent from residence at time when service is sought to be effected Having no agent empowered to accept summons on his behalf Procedure to be followed.

17-Mar-1992 Quick Review

(1992) 2 MLJ 352 (Mad) Nallathambi Udayar (died) and another versus Jayaraman and another (A) Civil Procedure Code (V of 1908), O.22, Rule 5 Scope of enquiry under Summary in nature Question whether a person should be admitted as legal representative of deceased plaintiff to continue the suit Not question arising for decision in the suit Question has to be relegated to decision in independent proceedings. 18-Dec-1991 Quick Review

(1992) 2 MLJ 350 (Mad) E.V.Palanivelu and others versus Sri Krishna Talkies, Madras and others Civil Procedure Code (V of 1908), O.1, Rule 10 and O.22, Rule 10 Defendants in a suit entering into sale agreement was a third party in respect of property in dispute, after disposal of appeal Third party filing applications for impleading him as a party to the appeal and to execute a sale deed in favour of the third party Held not maintainab... 17-Feb-1992 Quick Review

(1992) 2 MLJ 245 (Mad) M.Venkataswamy versus Marudapurshpam and others (A) Civil Procedure Code (V of 1908), Sec.20(b) Suit originally filed in Original Side of High Court, later on transferred to City Civil Court, Madras Leave to sue Could be granted only by City Civil Court. 7-Nov-1991 Quick Review

(1992) 2 MLJ 221 (Mad) Sathya Engineering Contractors, Madurai, through the Proprietor Sathappa Singaram versus S.Nachammal and another Civil Procedure Code (V of 1908), 0.26, Rule 9 Report of Commissioner Acceptance of Examination of Commissioner, if necessary. 27-Feb-1992 Quick Review

(1992) 2 MLJ 219 (Mad) K.V.Loganathan versus Pallavan Transport Corporation Ltd., represented by its Managing Director Civil Procedure Code (V of 1908), 0.21, Rule 48 Order of attachment passed against sen-ant of Pallav an Transport Corporation in respect of salary of such servant Execution petition Garnishee absent Attachment made absolute Corporation if can deny payment of commuted pension to the servant on that ground. 18-Feb-1992 Quick Review

(1992) 2 MLJ 214 (Mad) Ramachandran versus Janardhanam and others

Civil Procedure Code (V of 1908), O.13, Rule 2(1) and O.7, Rule 18 Documents Production of Stage of.

19-Feb-1992 Quick Review

(1992) 2 MLJ 206 (Mad) S.Rajalakshmi and others versus Saradamani Kandappan and another (A) Natural Justice Principles of Applicability to proceedings in Civil Courts Order passed behind the back of the petitioner Sustainability. 5-Feb-1992 Quick Review

(1992) 2 MLJ 203 (Mad) G.Swaminatha Mudaliar and others versus The Land Acquisition Officer-cum-Revenue Divisional Officer, Tirunelveli (A) Land Acquisition Act (I of 1894), Sec.28 Land of the petitioner acquired Whether entitled to get interest on the amount of solatium. 22-Nov-1991 Quick Review

(1992) 2 MLJ 168 (Mad) Indian Institute of Human Resources Development represented by its Founder and Honorary Director, P.Govindarajan versus National Institute of Human Resources Development represented by its Proprietor S.Muthu (A) Constitution of India (1950), Art.l9(l)(g) Trade or business Not every organised activity of a sort of business will fall under Article Right under Article cannot be claimed under a void agreement Person engaged in a trade or business and contemplated a fraud or is regarded as immoral or opposed to public policy, not entitled to right und... 3-Oct-1991 Quick Review

(1992) 2 MLJ 106 (Mad) Winfred Dhanraj Samuel versus Betsy Ratnakumari (A) Divorce Act (IV of 1869), Secs.36 and 37 Petition for divorce dismissed Court if can pass order directing husband to take back the wife And to pay maintenance till she is taken back. 10-Jan-1992 Quick Review

(1992) 2 MLJ 75 (Mad) P.L.V.Giri versus A.Subramaniam and another (A) Stare decisis Earlier judgment of Bench of Three Judges should be preferred to latter judgment of Bench of two Judges. 9-Dec-1991 Quick Review

(1992) 2 MLJ 60 (Mad) Gnanambal versus Perumal Pillai and another Civil Procedure Code (V of 1908), Secs.48 and 153, Or.6, Rule 17 Limitation Act (IX of 1908), Art.182 9-Jan-1991

Execution petition pending Prayer for amendment of petition for attachment of properties included Limitation for.

Quick Review

(1992) 2 MLJ 55 (SC) Ramesh Hirachand Kundanmal versus Municipal Corporation of Greater Bombay and others Civil Procedure Code (V of 1908), O.1, Rule 10(2) Object and scope of Necessary party Who is Municipality issuing notice to plaintiff to demolish unauthorised construction of two Chattels Structure itself leased out to plaintiff by lessor Lessor if a necessary party to suit by plaintiff against Municipality challenging validity of notic... 4-Mar-1992 Quick Review

(1992) 2 MLJ 49 (SC) Dalpat Kumar and another versus Prahlad Singh and others Civil Procedure Code (V of 1908), O.39, Rule 1 Interim Injunction Grant of Ambit and scope of Satisfaction of Court that there is a prima facie case If sufficient by itself to grant injunction Irreparable injury What is Balance of convenience How to be found Suit for setting aside a decree in prior suit An interim injuncti... 16-Dec-1991 Quick Review

(1992) 2 MLJ 38 (Mad) Anbiah and others versus Rev J.George Robinson and others (A) Civil Procedure Code (V of 1908), Secs.11 and 92 Suit incompetent for want of leave under Sec. 92 Findings given of other issues If can operate as res Judicata. 10-Oct-1991 Quick Review

(1992) 2 MLJ 30 (Mad) National Insurance Company Ltd. versus Ramachandran and others (A) Motor Vehicles Act (IV of 1939), Sec.110 Claims Tribunal Award of compensation for motor accidents Liability of insurance company restricted to Rs.50,000 as per policy Tribunal cannot award compensation in excess of the amount specified, against insurance company. [Paras. 3 and 6] 1-Oct-1991 Quick Review

(1992) 2 MLJ 24 (SC) Smt.Ambalika Padhi and another versus Radhakrisnna Padhi and others Civil Procedure Code (V of 1908), O.22, Rule 1 Subject-matter of suit being right to property Plaintiff dying Legal representatives, not natural heirs but claiming on basis of settlement and will Wishing to continue suit as originally framed If can be permitted. 6-Dec-1991 Quick Review

(1992) 2 MLJ 15 (Mad) K.Appa Rao (died) and others versus State Bank of Hyderabad, T.Nagar, Madras-17 Civil Procedure Code (V of 1908), Sec.34 Banking Regulation Act (X of 1949), Sec.21(2)(C) Usurious Loans Act (X of 1918) Commercial transaction Rate of interest Loanee disentitling 21-Jan-1992

himself of any concessional rate of interest Liable not to contractual rate of interest but to rate at which moneys were lent or advanced by nationalised ban...

Quick Review

(1992) 2 MLJ 1 (SC) Byram Pestonji Gariwala versus Union Bank of India and others Civil Procedure Code (V of 1908), O.23, Rule 3 (as amended by Act ClV of 1976) Words in writing and signed by the parties Whether exclude counsel from signing the compromise Counsel whether competent to sign the compromise Counsel, if can act upon implied authority Compromise decree whether creates estoppel. 20-Sep-1991 Quick Review

(1992) 1 MLJ 595 (Mad) Sumitra Bai versus V.G.Shyamsundar (A) Hindu Marriage Act (XXV of 1955), Sec.28 Civil Procedure Code (V of 1908) O.41, Rule 19 Ex parte decree passed under Sec.28 of Hindu Marriage Act Application for restoration of appeal Maintainable. 24-Sep-1991 Quick Review

(1992) 1 MLJ 590 (Mad) Noor Jahan versus Pappireddipatty Town Panchayat, represented by its Executive Officer, Pappireddipatty Civil Procedure Code (V of 1908), O.9, Rule 13 Ex parte decree Setting aside of Delay of 721 days in filing petition for Fact that counsel did not inform defendant about hearing date on which ex parte decree had been passed Delay having occurred only subsequent to said hearing date not sufficient ground to set aside ex parte decree. 30-Jan-1992 Quick Review

(1992) 1 MLJ 565 (Mad) Jayakanthi Rathinasabapathy versus G.S.D.Prasad and another Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint Suit for specific performance of agreement to sell immovable property Pleading silent as to averment that plaintiff was ready and willing to perform his part of the contract Application for amendment of plaint to include averment Whether can be allowed. 1-Nov-1991 Quick Review

(1992) 1 MLJ 515 (Mad) Samikkannu versus Raju and others Civil Procedure Code (V of 1908), O.41, Rules 23, 24 and 27 Remand Lower Appellate Court remand-ing matter to trial court on ground of non-examination of expert as to claim of forgery set out by the parties and non-consideration of plea of benami Lower court coming to conclusion that signature in disputed document was forged on the basis of e... 25-Oct-1991 Quick Review

(1992) 1 MLJ 513 (Mad) Canara Bank, Aduthurai by its Manager versus Asha Engineering and Company by its Proprietor, R.Padmanabhan and another

Civil Procedure Code (V of 1908), O.24, Rule 14 Money decree containing a charge over movable properties for realisation of amount decreed If can be put into execution.

20-Dec-1991 Quick Review

(1992) 1 MLJ 479 (Mad) Jubedabai and another . versus Lakshmi Ammal and others Civil Procedure Code (V of 1908), O.21, Rules 95 and 101, Order under O. 21, Rule 98 when can be treated as decree Earlier order of dismissal An order made that the petitioners counsel reported no oral evidence Whether a decree Subsequent application for removal of obstruction Whether maintainable. 7-Jan-1992 Quick Review

(1992) 1 MLJ 467 (Mad) S.Raju Pillai and another versus Paramasivam (A) Civil Procedure Code (V of 1908), Sec.100 Second appeal Interference with questions of fact Practice. 26-Feb-1991 Quick Review

(1992) 1 MLJ 457 (Mad) Arumugha Nainar versus Lakshmana Perumal (died) and others Civil Procedure Code (V of 1908), Sec.11 Res judicata Plaintiff filing suit against defendant for declaration of title and recovery of possession of suit property Defendant filing suit for declaration of his title and injunction restraining plaintiff from interfering with his possession Plaintiffs suit decreed and defendants suit dismissed... 23-Oct-1991 Quick Review

(1992) 1 MLJ 449 (Mad) T.Srirenga Nachiyar and another versus G.V.Srinivasa Naicker Civil Procedure Code (V of 1908), O.39, Rule 1 Injunction Relief of When person entitled to Person seeking injunction must come with clean hands. 7-Nov-1991 Quick Review

(1992) 1 MLJ 446 (Mad) Zainab Bibi (died) and others versus Syed Bhaudeen Sahib and another Civil Procedure Code (V of 1908), O.20, Rule 12 Share of income from properties due to a co-sharer Is part of divisible properties and not mesne profits Petition for execution of decree for such share No necessity for attaching properties allotted to share of accounting party Decree can be executed straightaway. 11-Dec-1991 Quick Review

(1992) 1 MLJ 425 (Mad) Kalaiyarasan and others versus Gnambal Achi and others

(A) Civil Procedure Code (V of 1908), O.33, Rule 15-A Application to sue in forma pauperis dismissed Whether time should be granted for payment of court-fees.

25-Mar-1991 Quick Review

(1992) 1 MLJ 420 (Mad) Sameera Rasheed by her Power Agent M.Abdul Rasheed versus Amina Bai and others (A) Civil Procedure Code (V of 1908), O.34, Rule 1 Mortgage decree Execution proceedings Purchaser from L.R. of deceased judgment-debtor If a necessary party. 7-Nov-1990 Quick Review

(1992) 1 MLJ 396 (Mad) K. Murugesan and others versus Secthalakshmi and others Letters Patent (Madras), Clause 12 Civil Procedure Code (V of 1908), Secs.20 and 120 Plaintiff suing more than one defendant on cause of action common to all One or some of the defendants only residing or carrying on business within the jurisdiction of High Court Suit if maintainable. 18-Jun-1991 Quick Review

(1992) 1 MLJ 297 (Mad) Lakshmikanthan and others versus Thiruvengadam and another (A) Civil Procedure Code (V of 1908), Sec.151 Party in possession of land praying for injunction for protecting that possession Other party dispossessing him during pendency of suit Party (dispossessed) coming with alternative prayer for recovery of possession Defence that party was not cultivating tenant of the property cannot be raised ... 24-Sep-1991 Quick Review

(1992) 1 MLJ 292 (Mad) Kamalam and others versus V.Gopal and others Civil Procedure Code (V of 1908), Sec.96 Appeal Allowing of, at admission stage without notice to respondents Order cannot bind respondents. 10-Jul-1991 Quick Review

(1992) 1 MLJ 271 (Mad) V.S.Balasubramanian versus A.Mariammal and another Civil Procedure Code (V of 1908), O.21, Rules 72 and 92 and O.43, Rule 1 (j) Rejection of application to set aside court auction sale without being numbered Such rejection held covered by expression refusing to set aside a sale Order is appealable No revision lies. 13-Sep-1991 Quick Review

(1992) 1 MLJ 208 (Mad) Smt.Ayyammal versus Vellappa Gounder Civil Procedure Code (V of 1908), Sec.115 and O.9, Rule 9 Suit dismissed for default Application to set aside Delay of 104 days in filing Condonation When justified High Courts power to 26-Aug-1991

interfere in revision with exercise of discretion by lower court.

Quick Review

(1992) 1 MLJ 188 (Mad) Ramachandran and others versus Valliammal and others 14-Feb-1991 (A) Pleadings Not raised Evidence let in on such pleadings Effect. Quick Review

(1992) 1 MLJ 172 (Mad) M.S. Abuthagir and others versus Peer Mohammed and others (A) Wakfs Act (XXIX of 1954), Sec.15 Framing of scheme under Notice to interested persons If essential Non-issue of notice Effect. 30-Nov-1990 Quick Review

(1992) 1 MLJ 157 (Mad) Ponnuswamy and others versus Sachidanandam Pillai (deed.) and others (A) Tamil Nadu Cultivating Tenants Protection Act (XXV of 1955), Preamble and Secs.3(1) and 4(2) Cultivating tenant executing deed voluntarily surrendering right of tenancy If opposed to public policy If can be specifically enforced. 30-Apr-1991 Quick Review

(1992) 1 MLJ 109 (Mad) T.Palaniswamy Gounder versus A.V.G.Ponnuswamy Chettiar and others Tamil Nadu Hindu Religious and Charitable Endowments Act (XXII of 1959), Secs.5, 6(16) and 6(17) Civil Procedure Code (V of 1908), Sec.92 Religious Endowment and Religious Charity Trust created with main object of performing poojas to Vigneswaraswamy idol and balance if any to be spent, for feeding people from outside the village who stay in ... 23-Aug-1991 Quick Review

(1992) 1 MLJ 19 (SC) Ramaswamy Kalingaryar versus Mathayan Padayachi Civil Procedure Code (V of 1908), Secs.100 and 100-A Second appeal Finding of fact by Courts below Interference Suggested shortcomings in findings of fact if alter the situation Sufficiency of proof If a ground to interfere. 30-Aug-1991 Quick Review

(1992) 1 MLJ 15 (Mad) Govindaswami (died) and another versus Vedanayagam Pillai represented by next friend and guardian Ramakrishna Pillai Civil Procedure Code (V of 1908), O. 9, Rule 9 Suit dismissed for default Application to restore suit also dismissed for default Application to restore that application also dismissed for default 25-Jul-1991

Revision against order Maintainability.

Quick Review

(1992) 1 MLJ 12 (SC) Mohammad Mahibulla and another versus Seth Chamanlal (Dead) by L.Rs. and others Civil Procedure Code (V of 1908), Secs.107(2) and 149 Memorandum of appeal not sufficiently stamped Dismissal of appeal without giving an opportunity to appellant to make good the deficiency Propriety. 18-Sep-1991 Quick Review

(1992) 1 MLJ 6 (Mad) N.Palanisamy versus C.Rathinasami Civil Procedure Code (V of 1908), O.9, Rule 13 and O.43, Rule 1(d) Ex-parte decree Setting aside of Application for Conditional Order passed to deposit one half of decree amount Order not appealable. 22-Aug-1991 Quick Review

(1992) 1 MLJ 2 (Mad) S.P.K.Manickavasagam versus Special Tahsildar (L.A.) Aruppukottai Civil Procedure Code (V of 1908), Sec.115 Trial court passing an order directing issue of cheque to a party based on order of High Court Suo motu cancelling the order on ground that there was a petition for change of vakalat Cancellation not sustainable. 27-Aug-1991 Quick Review

(1991) 2 MLJ 635 (Mad) The Tamil Nadu Electricity Board versus R.Srinivasan (A) Civil Procedure Code (V of 1908), O.3, Rule 4 Appointment of pleader and the determination of Counsel who earlier entered appearance in the case Giving written consent for change Whether any permission from counsel for charge of counsel is needed. 25-Sep-1991 Quick Review

(1991) 2 MLJ 538 (Mad) C.Arumughathan. versus S.Muthusami Naidu and others (A) Civil Procedure Code (V of 1908), Sec.11 Previous suit filed by person claiming title through his father Karta of a joint family That person and plaintiff in later suit constituted joint family, not divided till suit was filed That person managing the properties and the family affairs personally Not stating that he was litigating the ... 26-Oct-1990 Quick Review

(1991) 2 MLJ 516 (Mad) Muthusamy Gounder versus Janakiraman (insane person), S/o.Nataraja Gounder and others (A) Civil Procedure Code (V of 1908), O.23, Rule 3 One of the respondents not claiming any interest in certain suit properties Contest with regard to those items is between appellant and Another respondent Compromise between appellant and that respondent Does not affect the interest of the 20-Jun-1990 Quick Review

respondent claiming no interest Compromise is not...

(1991) 2 MLJ 483 (Mad) Murugesan versus The Commissioner, Pudukottai Municipality, Pudukottai Civil Procedure Code (V of 1908), Sec.115(a) to (d) Jurisdiction under When can be invoked Condition in first part and attraction of anyone or more of clauses (a) to (d) are required Case decided What is. 21-Feb-1991 Quick Review

(1991) 2 MLJ 480 (Mad) K.V.Kuppuswamy Ayyangar and another versus The State of Tamil Nadu, represented by the Chief Secretary, Madras and others Civil Procedure Code (V of 1908), O.6, Rule 17 and O.7 Amendment of plaint for involving the jurisdic-tion of Original Side of High Court Value of property being hot less than value necessary for attracting jurisdiction of the original side Amendment cannot be refused to be made. 13-Jul-1991 Quick Review

(1991) 2 MLJ 472 (Mad) M/s.Sundaravel Industries versus M/s.Sorna Agencies and another Interest Act (XXXII of 1939), Sec.3(3)(c) Civil Procedure Code (V of 1908), Sec.34 Interest on interest Prior to filing of suit. If and when can be awarded Seller, if entitled to interest subsequent to date of decree till date of realisation. 10-Jul-1991 Quick Review

(1991) 2 MLJ 466 (Mad) Nandan Durai versus Francis Rattisabose Civil Procedure Code (V of 1908), O.41, Rule 1 Review application Delay in filing, but within limitation period Delay immaterial Review after allowing an important document to be produced Appeal against order granting review Validity of document procedure cannot be questioned Document produced along with review application Legality ... 6-Jul-1990 Quick Review

(1991) 2 MLJ 460 (Mad) M.Munuswamy versus Duraiswamy and others Civil Procedure Code (V of 1908), O.7, Rules 14(1), 15 and Sec/115 Plaintiff filing suit on mortgage enclosing certified copy of mortgage deed on the ground that the original deed was lost Defendant admitting execution of mortgage and passing of consideration Plea for framing of issue regarding, truth of loss of mortgage deed, negatived by tr... 17-Sep-1990 Quick Review

(1991) 2 MLJ 436 (Mad) P.Narasamma and another versus K.S.Govinda Mudaliar (A) Civil Procedure Code (V of 1908), O.7, Rule 2 Suit for mesne profits Decree Holder not 28-Jun-1989

examining himself If affects claim.

Quick Review

(1991) 2 MLJ 376 (Mad) N.Krishnamoorthy versus N.M.A.R.M.Ramaswamy Chettiar (died) and others Civil Procedure Code (V of 1908), O.34, Rule 5 Mortgagor filing application to set aside sale Dismissed Sale confirmed Appeal against order dismissed Revision filed Mortgagor if can be allowed to deposit the mortgage amount and invoke provisions of O.34, Rule 5 during pendency of revision petition. 10-Jul-1991 Quick Review

(1991) 2 MLJ 345 (Mad) K.Ramaswamy Nadar versus Pathummal and others Civil Procedure Code (V of 1908), O.41, R.33 Trial court passing decree for redemption of mortgage proceeding on the basis that measurement of suit property as given in plaint is correct Appellate court finding that actual extent to be more Appellate court if can modify decree to cover the excess extent also. 19-Jul-1990 Quick Review

(1991) 2 MLJ 342 (Mad) Kalyaniammal versus Punjab National Bank by its Manager Tirunelveli Town and others Civil Procedure Code (V of 1908) as amended by Act (104 of 1976), O. 21, Rule 58 Scope of All questions relating to right, title or interest in property attached arising between parties to a proceedings have to be determined in claim proceedings Separate suit will not lie. 6-Mar-1991 Quick Review

(1991) 2 MLJ 340 (Mad) Air India versus R.M.Meenakshi Achi by duly constituted Agent N.Sivagami and others Civil Procedure Code (V of 1908), O.6, Rule 17 Amendment of plaint not involving fresh or additional relief No new cause of action introduced Amendment can be allowed even if there is delay. 31-Jan-1991 Quick Review

(1991) 2 MLJ 325 (Mad) A.V.Hanifa versus Salima Bhanu Tamil Nadu Buildings (Lease and Rent Control) Act (XVIII of 1960) Suit for eviction from building to which Act was not applicable at time of suit Ceasing to be new building at time of execution of eviction decree Act whether applicable at date of execution. 8-Jul-1991 Quick Review

(1991) 2 MLJ 323 (Mad) Rathinam and others versus Pavathal Civil Procedure Code (V of 1908), O.39, Rules 1, 3 and 3-A Constitution of India (1950), Art.227 Temporary injunction granted without notice to opposite party without recording reasons Application for injunction not disposed of within 30 days Abuse of process of Court established by 24-Jul-1991

other party Order not vacated even then High Court, he...

Quick Review

(1991) 2 MLJ 299 (Mad) M.Sheik Hydir versus The State of Tamil Nadu, represented by the District Collector of Dharmapuri and others (A) Tamil Nadu Motor Vehicles Taxation Act (XIII of 1974), Sec.4(1) Person in control of the vehicle liable to pay tax Default in payment of tax Liable to pay penalty. 21-Dec-1990 Quick Review

(1991) 2 MLJ 266 (Mad) Kanakavelu versus Mrs.Saijanraj Civil Procedure Code (V of 1908), O.41, Rule 6 Scope Final decree passed But appeal against preliminary decree pending Provisions of Rule 6, if can be invoked. 13-Feb-1991 Quick Review

(1991) 2 MLJ 241 (Mad) Varadarajan and others versus Maduraimuthu and others Civil Procedure Code (V of 1908), O.21, Rule 90 Application under, to set aside sale in execution of mortgage decree Parties who have purchased portions of the properties in execution of another decree If proper or necessary parties. 19-Dec-1990 Quick Review

(1991) 2 MLJ 241 (Mad) Ramuru Gounder and another versus Andalammal and others Civil Procedure Code (V of 1908), O.41, Rule 27 Application by a party for appoint