Devanshi Desai

A Relief of Injunction, Can Be Granted on a Prima Facie Case, Balance of Convenience, and Denial of Relief Which Will Cause Irreparable Loss:...

An Original Side Appeal was filed under Order XXXVI Rule 9 of O.S. Rules r/w Clause 15 of the Letters Patent to set aside the common order and decree dated 10.11.2020 by the Madras High Court.

Section 14, SARFAESI Act Does Not Conceive Of Any Notice Being Issued to Borrower or Any Other Person Who May Be Interested in Secured...

CASE: T. Vellaiyan vs. The Chief Judicial Magistrate & Others  Excerpt A Petition was filed under Article 226 of the Constitution to issue Writ of Certiorarified Mandamus, to call for the records relating to the order of the first respondent, the...

Petition To Direct the Respondents To Evict the Encroachments Made in the Water Bodies

EXCERPT A Petition was filed under Article 226 of the Constitution for issuing a writ of mandamus to direct the Respondents to evict the encroachments. FACTS OF THE CASE A Writ Petition was filed to seek grievances for the encroachment of water...

When Some Admissions in Evidence of Defendant Are Present, Plaintiff Has Duty To Prove That Suit Is Maintainable: Madras High Court

Excerpt A Second Appeal was filed under Section 100 of CPC challenging the judgment and decree of the First Appellant Court passed on 07.12.2009 on the file of the Principal Sub Judge, Chengalpattu by confirming the judgment and decree of...

Appeal Filed in Madras High Court Against Court’s Decision in Petition for Mistake Committed in Conducting Election

Excerpt An appeal was filed under Clause 15 of the Letters Patent challenging the order dated 28.10.2020. Facts of the Case A writ petition was filed for the mistake committed while conducting the Election. The learned Single Judge after hearing the arguments...

Revision Petitioner Is Not Entitled to File Claim Petition and Claim Another Decree for Same Subject Matter: Madras High Court

Excerpt A Civil Revision Petition was filed under Section 115 of the Civil Procedure Code, challenging the fair and decretal passed by the Executing Court.   Facts of the Case A CRP was filed against the fair and decretal order dated 04.01.2014 on...

Writ Petition Filed in Madras High Court To Restrain From Demanding Any Amount, Except by Following the Due Procedure of Law

EXCERPT A Writ Petition was filed under Article 226 of the Indian Constitution for issuing Writ of Mandamus. It was filed to restrain Senior Intelligence Officer and Directorate General of Goods and Service Tax from demanding any amount from the...

Non-Possession of Driving License Is Policy Violation and Hence Insurance Company Is Entitled To Pay Recovery Rights: Madras High Court

Excerpt A Civil Miscellaneous Appeal was filed under Section 173 of the Motor Vehicles Act, 1988. It challenged the Judgment and the decree dated 29.04.2015 on the file of I-Additional District and Sessions Judge, (Motor Accidents Claims Tribunal) Vellore. Facts The Appellant...

Provisions Are To Be Interpreted Pragmatically and Constructively To Ensure Purpose and Object of Statue Are Met and Public Interest Is Protected: Madras High...

Excerpt A Writ Petition was filed under Article 226 of the Indian Constitution, for issuing Writ of Certiorarified Mandamus. The objective was to call the records on the file of the Respondent under Tamil Nadu Revenue Recovery Act, 1864 read...

Disputes Related to Title of Property Can Never Be Adjudicated In Writ Petition Under Article 226 of Constitution: Madras High Court

Excerpt A Writ Petition was filed under Article 226 of the Constitution of India for issuing of Writ of Certiorarified Mandamus. It called for records of the Second Respondent pertaining to the assessment of Property Tax Receipt issued in name...

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