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C P C

Unequivocal Statements Made By Counsel Will Be Binding On Clients: SC

Bysclaw

Feb 1, 2020

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By sclaw

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C P C Transfer Of Property Act

Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Scope and Applicability — Transfer of mortgaged property pendente lite (after institution of suit by bank for recovery/foreclosure but before execution/attachment) is hit by Section 52 — Lack of knowledge of proceedings or possession of No Encumbrance Certificate does not constitute a valid defence against lis pendens, as the doctrine is based on public policy and binds the transferee regardless of notice — Pendency of suit commences from presentation of plaint and continues until complete satisfaction or discharge of final decree, as per Explanation to Section 52 — Where a bank institutes a suit for recovery of a loan against a mortgagor, seeking sale of the mortgaged property upon default, the right/interest in the mortgaged property is “directly and specifically in question” even if the initial decree is only a money decree. (Paras 46, 49, 50, 52, 62, 66, 67, 70)

Dec 17, 2025 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Order 21 Rule 90(3) — Execution Sale — Setting aside sale on ground of irregularity — Statutory bar against judgment debtor — Scope and application of Order 21 Rule 90(3) CPC (inserted w.e.f. 01.02.1977) — No application to set aside sale shall be entertained on any ground which the applicant could have taken on or before the date the proclamation of sale was drawn up — Mandates vigilance by judgment debtor regarding pre-sale illegalities or material irregularities. (Paras 10, 15, 17)

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C P C

Civil Procedure Code, 1908 — Order 38 Rule 5, Rule 8, Rule 10 — Order 21 Rule 58 — Transfer of Property Act, 1882 — Section 53 — Attachment before judgment — Scope of — Effect on prior transfer — Property already transferred by registered sale deed prior to institution of suit cannot be subject to attachment before judgment under Order 38 Rule 5 CPC — Essential condition for Order 38 Rule 5 is that property must belong to defendant on date of institution of suit — Attachment before judgment is a protective measure and does not create any charge or proprietary interest in favour of plaintiff (Rule 10). (Paras 10.1.1, 11.1, 11.3, 12, 14, 17, 18, 20)

Nov 30, 2025 sclaw

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Accident

Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16)

Dec 18, 2025 sclaw
Compassionate Appointment

Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)

Dec 17, 2025 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9)

Dec 17, 2025 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6)

Dec 17, 2025 sclaw