today law tips Vinothpandian: Supreme court : civil appeal no 2752 – 2753 of 2022 dated 4-05-2022 : Asset reconstruction company ltd vs SP velayutham : sec 34 (3) registration act 1908 imposes obligation on the registering officer to satisfy himself about the right of a person appearing as a representative, assign or agent , if registering officer under act is construed as performing only a mechanical role without any independent mind of his own , then documents would be registered by unscrupulous persons driving parties to go to civil court
[21/08, 13:12] Vinothpandian: Supreme court : civil appeal no 2752 – 2753 of 2022 dated 4-05-2022 : Asset reconstruction company ltd vs SP velayutham : sec 34 (3) registration act 1908 imposes obligation on the registering officer to satisfy himself about the right of a person appearing as a representative, assign or agent , if registering officer under act is construed as performing only a mechanical role without any independent mind of his own , then documents would be registered by unscrupulous persons driving parties to go to civil court
[21/08, 13:12] Vinothpandian: 2021 (1) CTC 539 : shanthimalai trust thiruvanamalai vs Arunachala education and environment development trust : civil court shall not proceed to pass exparte judgement within 30 days from the date of service of summons in suit , if so judgement passed would be in breach of mandatory requirement of order 5 rule 1 CPC 1908
[21/08, 13:12] Vinothpandian: Supreme court : SLP ( civil) no 1580 of 2021 dated 8-08-2022 sau Rajani vs sau smita : suit of nature for mandatory injunction to remove illegal and unauthorised construction maintainable before civil court
[21/08, 13:12] Vinothpandian: Supreme court : civil appeal no 5503 – 04 of 2022 dated 18 – 08 – 2022 : S Narsimha teddy vs v narayana reddy : In an appropriate proceedings , non – production of relevant documents on part of respondents- vice versa at appropriate stage cannot be a ground for seeking review of judgement
[21/08, 13:13] Vinothpandian: Supreme court : civil appeal no 5784 of 2022 dated 23- 08- 2022 My palace mutually aided cooperative society vs B mahesh : Recalling final decree cannot be countenanced under section 151 CPC 1908 , person who is affected by judgement of civil court but is not a party to suit , can prefer appeal with leave of court under section 96 to 100 CPC 1908
[21/08, 13:13] Vinothpandian: 2015 (2) DRTC 721 : vadivambigai ginning industries pvt ltd vs tamil nadu mercantile bank ltd : once loan accounts liquidated on issuance of no due certificate relationship of banker and customer ceases , in absence of any outstanding for the purposes of which documents were deposited , documents cannot be held as general lien
[21/08, 13:13] Vinothpandian: 2018 (10) SCC 707 : Suzuki parasrampuria suitings pvt ltd vs official liquidator of mahindra petrochemicals : A litigant can take different stands at different times , but cannot take contradictory stands in the same case
