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Showing posts with label subsequent event. Show all posts
Showing posts with label subsequent event. Show all posts
Sunday, 19 April 2026

Supreme Court: Whether an appellate court can dismiss an appeal solely on the basis of an unrebutted affidavit of the respondent without considering the entire material on record, including the trial court record?

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Having heard the learned counsel for the parties and having perused the documentary material on record,  we are of the view that the writ pe...
Saturday, 8 February 2025

Bombay HC: Whether the court can grant maintenance U/S 125 of CRPC to wife after her divorce if she fails to incorporate this fact by amending her application?

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Since there was no dispute about divorce and it was a ground available for maintenance under Section 125 Explanation (b), the learned Magist...
Sunday, 10 November 2024

Whether motor accident claim tribunal can grant amount under the head of consortium if said person has died after filing of claim petition?

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By applying the dictum as laid down in Smt. Somwati's case (supra) both the parents of the deceased Balbir Singh are held entitled to a ...

Supreme Court: Claims and legal liabilities crystallize at the time of the accident itself, and changes post thereto ought not to ordinarily affect pending proceedings.

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  ANALYSIS I. Deduction for Personal Expenses 10. We have thoughtfully considered the rival submissions.  It cannot be disputed that at the ...

Supreme court: Preserving the existing standard of living of a deceased's family is a fundamental endeavour of motor accident compensation law.

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II. Assessment of monthly income 12. Second, although it is correct that the claimants have been unable to produce any document evidencing V...
Monday, 14 December 2020

Whether the right of the landlord to get rent accrued during the pendency of the first suit will be barred by res judicata if the landlord fails to claim said rent by amending plaint?

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  (g) Rent and Recurring Cause of Action: 48. The Corporation and the Firm maintain that the Owner's claim has been barred by res judica...
Sunday, 15 November 2020

Whether the court can mould relief in revision proceeding considering the subsequent event?

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What is urged is that only an appeal is a continuation of a suit while revision is not. There cannot be any demur to the legal proposition a...

When revisional court can take note of subsequent event?

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 It is true that the Court can take notice of subsequent events. These cases are where the court finds that because of altered circumstances...
Friday, 13 November 2020

Whether the court can remand the case in civil revision if the subsequent event is brought on record by amendment?

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  Indeed, the court can allow the parties to amend the pleadings at any stage of the proceedings. Those amendments must be necessary for the...
Sunday, 13 October 2019

Whether subsequent event in eviction suit on ground of bonafide need can be brought on record by way of affidavit?

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The facts sought to be brought on record do not, in fact, create a fresh cause of action but support the existing cause of action on the b...
Tuesday, 10 September 2019

Whether decree granted in favour of landlord should be set aside on ground of subsequent event?

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 The courts below have appreciated the evidence and concluded on facts that the owners have an expanded family, and their needs are ge...
Saturday, 24 August 2019

Whether bonafide need of landlord should subsist till passing of eviction decree?

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If a landlord bona fide requires possession of a premises let for residential purpose for his own use, he can sue and obtain possession. H...
Wednesday, 26 December 2018

Whether court should consider subsequent event in favour of landlord to grant him eviction decree on ground of bonafide need?

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 We have no doubt that the crucial date for deciding as to the bonafides of the requirement of the landlord is the date of his application...
Sunday, 25 February 2018

Whether eviction decree on ground of bonafide need can be denied to landlord if his son has settled at some different place?

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The deposition of respondent No. 2 was taken into consideration and the fact that he had done his Engineering Course from Thapar Institute...

When court should direct eviction of tenant on ground of bonafide need of landlord?

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"The ejectment has been done by both the Courts below on the ground that the property is required for the sons of the landlord. Coun...
Friday, 28 July 2017

Whether court should allow amendment of plaint to bring on record subsequent event?

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Thus, for the foregoing reasons, a ground on which the suit for eviction was not initially instituted, but if that ground being a ground f...
Sunday, 7 August 2016

When court can refuse to execute decree?

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 The position of law is well settled that ordinarily the executing Court is not entitled to go behind the decree and is not entitled to con...
Friday, 3 June 2016

How to prove subsequent event pleaded in appeal or revision?

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The contention of the appellant's learned Counsel is that the subsequent events pleaded would require to be proved as otherwise it wou...
Tuesday, 18 August 2015

When appellate court can take note of subsequent event which will have fundamental impact on relief claimed?

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 It was further contended by defendant Nos. 1 to 6 that even on the date of execution of Agreement of Sale their mother was very much ali...
Saturday, 21 March 2015

Landmark judgment when court can mould relief taking in to consideration subsequent events

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 Considering the aforementioned changed  circumstances,  the  High  Court     taking note of the subsequent events moulded the relief ...