Affidavit - Notary
before whom sworn not examined - Not a proof in accordance with law - No
reliance can be placed thereon. 2010(1) Civil Court Cases 688 (S.C.)
Arbitration agreement - Need not
to be stamped. 2010(1) Apex
Court
Arbitration clause in Will - Not an
arbitration agreement. 2010(1) Apex
Court
Arbitrator - `All disputes' - Does not mean it is
one time measure - It cannot be held that arbitration clause if invoked once
the remedy of arbitration is no longer available in regard to other disputes
that might arise in future. 2010(1)
Apex Court
Attorney - When can depose - In an eviction
petition on ground of bonafide necessity and in a suit for specific
performance, it is the party concerned, who when enters witness box can prove
its case - Exceptions to this requirement are where all the affairs of a party
are completely managed, transacted and looked after by an attorney (who may
happen to be a close family member), it may be possible to accept the evidence
of such attorney even with reference to `bona fides' or 'readiness and
willingness'. 2010(4) Civil Court Cases 792 (S.C.)
Condonation - Filing of an application for
condonation under a wrong provision of law does not vitiate the application. 2010(3) Apex Court
Condonation
of delay - Delay is just one of the ingredients which has to be considered
- Court must also take into consideration the conduct of the parties, bona fide
reasons for condonation of delay and whether such delay could easily be avoided
by the applicant acting with normal care and caution. 2010(3) Apex Court
Condonation of delay - Separate
application for condonation of delay is not required when all the ingredients
of the application for condonation of delay are mentioned in the application
U.O.9.R.13 CPC to set aside the exparte decree.2010(3) Apex Court Judgments 107 (S.C.) :
2010(4) Civil Court Cases 120 (S.C.)
Delay - Condonation - Court must also take into
consideration the conduct of the parties, bona fide reasons for condonation of
delay and whether such delay could easily be avoided by the applicant acting
with normal care and caution. 2010(4) Civil Court Cases 551 (S.C.)
Delay - Condonation - Sufficient and good
grounds - No straight jacket formula - Each case has to be weighed from its
facts and the circumstances in which the party acts and behaves. 2010(3)
Civil Court Cases 374 (S.C.)
Delay -
Condonation - There is no straight jacket formula to come to the conclusion of
sufficient and good grounds. 2010(2) Apex
Court
Dishonour
of cheque - Cheque issued to discharge liability of another person - Person
issuing the cheque is liable u/s 138 of the Act and not the person whose
liability was discharged. 2010(4) Criminal Court Cases 314 (S.C.)
Dishonour
of cheque - Cheque issued to discharge the liability of another person -
Cheque dishonoured - Person issuing the cheque is liable u/s 138 of the Act and
not the person whose liability was discharged. 2010(3) Apex Court
Dishonour
of cheque - Cheque issued to discharge the liability of another person -
Person issuing the cheque is liable.2010(4)
Civil Court Cases 208 (S.C.)
Dishonour
of cheque - Compounding - Now to be allowed with graded scheme - At the
first or second hearing in trial Court without any costs - At a later stage it
may be allowed with 10% costs - In Sessions Court or High Court with 15% and in
Supreme Court with 20% - Amount to be deposited with Legal Services Authority -
Amount of costs can be reduced in view of specific facts and circumstances of
the case while recording reasons in writing for such variance. 2010(2) Apex Court
Dishonour
of cheque - Compounding of offence at appellate stage permissible. 2010(1)
Criminal Court Cases 267 (S.C.)
