Excellent lecture and also you have expressed necessity of relook on some judgement. It is very useful to practising advocate. Thank u sir. Ad kathirvel kovilpatti
TRILOKI NATH SINGH VS Anirudh Singh(D) Thr. Lrs -- This Judgment is correct (He is not complete stranger - He is purchaser pendent lite - I.e., Assignee - Steps into status of Judgment debtor -- Hence it relates back to date of suit - Hence, no separate suit) -- I.e., if complete stranger - purchased before suit - New suit is Permissible - Order 23 Rule 3A not applicable. --- [Even Karnataka High court has clarified this point in SUSHILA Vs. VIJAYKUMAR -ILR(KAR)-2021-0-338 - distinguish -Triliki nath]
Apart from the aspect of appeal and/or further appeal, it can also happen that judgement debtor has settled with decree holder who does not feel it necessary to go again to court for even bringing the same into the notice of court coughing up court expenses.. Court should not be compelled to sit on a case where there is no need as such, when even substratum got lost..
Time granted for execution under Art 136 and 137 is to enable the Decree Holder to choose his time to enforce the decree. Court need not hold the case to itself taking away rights granted. Secondly, on setting asIde a decree or instrument and its impact on court fee, it should be appreciated it is a taxing statute . It is not concerned with the defence or offensive step taken by the executant or persons claiming under him. Nature or character of the document are defences available to the executant to challenge it. State while levying tax is not concerned with the mode of chalenge . Vasanthi's dictum should be understood in that context. Let us assume someone earns illegally and income Tax excavates it. It charges the culprit. Tax authorities are not concerned with the manner in which it was earned. It sees any income as taxable. Same with the Court fee. If a document is void perse, viz., hit by some laws without demand for proof , still one can avoid it without payment of court fees on the value of the instrument, otherwise not.
amazing knowledge sir, specially your views on grey areas and how supreme courts have failed to take into consideration previous judgements now a days
Very useful session...... Got many things.. 👍
Excellent lecture and also you have expressed necessity of relook on some judgement. It is very useful to practising advocate. Thank u sir. Ad kathirvel kovilpatti
I am extremely grateful of you sir,
Thank you very much
Ashraf wani
Advocate
J and k high Court
Srinagar.
I belong to Tiruchi BAR . Sir Lecture is very informative and thought provoking K.Ramesh, Jr Advt
Minor
Prem Singh and Ors. vs. Birbal and Ors. (02.05.2006 - SC) : MANU/SC/8139/2006 OR AIR 2006 SC 3608
Useful information. Can i have his telephone number to discuss on prelimanary decree obtained by fraud.
very valuable presentation Thank you sir
Excellent explanation superb
Keep watching
Really superb explanation sir
Rafique Bibi (D) by Lrs. vs. Sayed Waliuddin (D) by Lrs. and Ors. (28.08.2003 - SC) : MANU/SC/0634/2003 or (2004 ) 1 SCC 287
Very Very Intelligent lawer.
Excellent explanation
In-depth analysis of documents which are to b made null and void.or setting aside the documents.thanks sir.
Excellent lecture
Very informative session 21.1.20
Thank it veryuseful
Glad you found it useful.
TRILOKI NATH SINGH VS Anirudh Singh(D) Thr. Lrs -- This Judgment is correct (He is not complete stranger - He is purchaser pendent lite - I.e., Assignee - Steps into status of Judgment debtor -- Hence it relates back to date of suit - Hence, no separate suit) -- I.e., if complete stranger - purchased before suit - New suit is Permissible - Order 23 Rule 3A not applicable. --- [Even Karnataka High court has clarified this point in SUSHILA Vs. VIJAYKUMAR -ILR(KAR)-2021-0-338 - distinguish -Triliki nath]
Apart from the aspect of appeal and/or further appeal, it can also happen that judgement debtor has settled with decree holder who does not feel it necessary to go again to court for even bringing the same into the notice of court coughing up court expenses.. Court should not be compelled to sit on a case where there is no need as such, when even substratum got lost..
Sir illegal and void documents se property sale kiya ho to is case me limitations prioad kitna hoga case file karne me
3 years from date of knowledge
Thanks 😊
14:30
Very useful lecture Thank you senior
What if registered partition deed not executed for 20 years? is that valid?
Whether a document is Voidable or void is a question of Law; As such, Courts cannot frame issues on question of Law.
I am a victim would like to set aside exparte decree, could we do the entire process via your channel?
I belong to Secunderabad Bar 💐🙏
12.:53 min setting aside
🙏very enlightening 🙏👍
Very useful sir, thank you
Thank you very much sir🙏
sir I agree
Time granted for execution under Art 136 and 137 is to enable the Decree Holder to choose his time to enforce the decree. Court need not hold the case to itself taking away rights granted.
Secondly, on setting asIde a decree or instrument and its impact on court fee, it should be appreciated it is a taxing statute . It is not concerned with the defence or offensive step taken by the executant or persons claiming under him. Nature or character of the document are defences available to the executant to challenge it. State while levying tax is not concerned with the mode of chalenge . Vasanthi's dictum should be understood in that context.
Let us assume someone earns illegally and income Tax excavates it. It charges the culprit. Tax authorities are not concerned with the manner in which it was earned. It sees any income as taxable. Same with the Court fee.
If a document is void perse, viz., hit by some laws without demand for proof , still one can avoid it without payment of court fees on the value of the instrument, otherwise not.
Decree or Degree
🙏🪷
What is mutation process
Mutation the name in revenue records after completion of sale
good speech
👌🏻🙏🏻
This person is talking other issues other than the subject
Great lecture