18 August, 2014

A co-sharer is deemed to be owner and in possession of each part of the joint holding even when he is not in possession of any specific part

PUNJAB AND HARYANA HIGH COURT

Before :- N.K. Kapoor, J.
Civil Regular Second Appeal No. 1929 of 1979. D/d. 6.5.1997.

Lillu and (deceased) represented by his LRs - Appellant
Versus
Ram Kishan - Respondents

For the Appellant :- Mr. S.K. Pipat, Sr. Advocate with Mr. Sanjiv Pandit, Advocate.
For the Respondents :- Mr. Rajesh Chaudhary,

Punjab and Haryana High Court, Chandigarh

JUDGMENT

N.K. Kapoor, J. - This is plaintiff's regular second appeal against the judgment and decree of the Additional District Judge whereby the Court having come to the conclusion that plaintiff too has right/interest in the suit property merely decreed the claim of the plaintiff to get the land partitioned and to recover the share which earlier belonged to Ram Kishan his predecessor in-interest.

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18 August, 2014 by Puneet Batish · 0

16 August, 2014

Lodging of two FIRs in same offence - FIR lodged by local police - Investigation handed over to CBI - During investigation larger scam came to surface - Second FIR by CBI not illegal

SUPREME COURT OF INDIA

Before :- S.B. Sinha and Aftab Alam, JJ.
Civil Appeal Nos. 6198-6199 of 2008 (Arising out of SLP(C) Nos. 24777-24778 of 2005). D/d. 22.10.2008.

Nirmal Singh Kahlon - Appellant
Versus
State of Punjab and others - Respondents

WITH Civil Appeal Nos. 6200-6201 of 2008 (Arising out of SLP(C) Nos. 25226-25227 of 2005)
J.P. Singla and others - Appellant
Versus
State of Punjab and others - Respondents
For the Appearing Parties :- P.P. Malhotra, ASG with P.P. Rao and L.N. Rao, Sr. Advocates with A.K. Pandey, Aseem Malhotra, Ms. Sunita R. Singh, Ms. Shefali Jain, Purushottam S.T., Ms. Sahar Bakht, Utsav, Febin A.K., Rajesh Prasad Singh, Amit Kumar, Satyakam, B.K. Prasad, P. Parmeswaran, Ajay Pal, Nikhil Jain and Pranab Kumar Mullick, Advocates.

Supreme Court of India

JUDGMENT


S.B. Sinha, J. - Leave granted.
These two appeals involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

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16 August, 2014 by Puneet Batish · 0

Police investigating criminal case and submitting challan - Magistrate taking cognizance recording evidence of Prosecution and defence - Police can make further investigation if fresh facts came to light and file a subsequent charge-sheet against other accused persons

RAJASTHAN HIGH COURT

Before :- Sunil Kumar Garg, J.
Criminal Misc. Petn. No. 177 of 2004. D/d. 23.8.2004

Ladu Devi and another - Petitioners
Versus
State of Rajasthan - Respondent

For the Petitioner :- Ranjeet Joshi, Advocate.
For the Complainant :- I.R. Chaudhdary, Ravindra Acharya and O.P. Boob, P.P.

Rajasthan High Court, Jaipur

ORDER

Sunil Kumar Garg, J. - This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the present petitioners on 27-2-2004 with the prayer that the FIR No. 103/2001 registered at Police Station, Merta Road, District Nagaur qua the petitioners be quashed and further, in the meanwhile, if challan has been filed against the petitioners, the same may be quashed.

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by Puneet Batish · 0

14 August, 2014

Information regarding offence received by Police Officer and FIR registered - Second FIR cannot be registered on receipt of subsequent information regarding the same incident

SUPREME COURT OF INDIA

Before :- Syed Shah Mohammed Quadri and S.N. Phukan, JJ.
Criminal Appeal No. 689 of 2001 (Arising out of SLP (Crl.) No. 1522 of 2000). D/d. 12.7.2001

T.T. Antony - Appellant
Versus
State of Kerala - Respondents

WITH Criminal Appeal No. 4066 of 2001 (Arising out of SLP(C) No. 8840 of 2000).
Damodaran P. - Appellants
Versus
State of Kerala - Respondents
WITH Criminal Appeal Nos. 690-691 of 2001 (Arising out of SLP (Crl.) Nos. 2724-25 of 2000).
State of Kerala - Appellants
Versus
Revada Chandrasekhar - Respondents
For the Appearing Parties :- Mr. Harish N. Salve, Solicitor General, Mr. Mahendra Anand, Mr. C.S. Vaidyanathan, Mr. T.L.V. Iyer, Senior Advocates, Mr. Ramesh Babu M.R., Mr. M.T. George, (Mr. M.K. Damodaran) Advocate General, Mr. Gopala K. Kurup, Mr. G. Prakash, Ms. Beena Prakash, Mr. Roy Abraham, Mr. Dileep Pillai, Mr. Himinder Lal, Mr. P. Parmeswaran, Mr. T.C. Sharma, Mr. Jyothis, (Mr. Mohammed Yusuf), Additional Advocate General.

Supreme Court of India

JUDGMENT


Syed Shah Mohammed Quadri, J. - Leave is granted in all the special leave petitions.
2. These four appeals arise out of the common judgment of a Division Bench of the High Court of Kerala at Ernakulam in WA Nos. 2708/1999, 2709/1999, 2710/1999, 8/2000, 52/2000 and 200/2000 dated February 29, 2000. Criminal Appeal No. 689 of 2001 (arising out of SLP (Crl.) No. 1522/2000) is filed by T.T. Antony, Deputy Collector and Executive Magistrate, Kannur; Civil Appeal No. 4066 of 2001 (Arising out of SLP(C) No. 8840/2000) is filed by fourteen police constables; and Criminal Appeal Nos. 690-691 of 2001 (Arising out of SLP (Crl.) Nos. 2724-25/2000 are filed by the State of Kerala. These appeals relate to the same incident and raise common questions of facts and law so they are being dealt with together.
3. The relevant facts, giving rise to these appeals, which have a strong political backdrop, need to be noticed for appreciating the contentions of the parties.

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14 August, 2014 by Puneet Batish · 0

Police can make further investigation when fresh facts came to notice - It would ordinarily be desirable that the police should inform the Court and seek formal permission to make over investigation when fresh facts come to light

PUNJAB AND HARYANA HIGH COURT (D.B.)

Before :- D.K. Jain, C.J. and Hemant Gupta, J.
C.M. No. 18993 of 2003 in Civil Writ Petition No. 20005 of 2002. D/d. 4.10.2005

Iqbal Singh and others - Petitioners
Versus
State of Punjab and others - Respondents

WITH
Civil Misc. No. 18994 of 2004 and Civil Misc Nos. 6907 and 6908 of 2005 in Civil Writ Petition No. 20005 of 2002.
For the Petitioners :- Sh. H.S. Mattewal, Sr. Advocate with Sh. Gurminder Singh, Advocate.
For the Respondent No. 1 :- Ms. Nirmaljit Kaur, Addl. Advocate General, Punjab.
For the CBI :- Sh. Rajan Gupta, Advocate.

Punjab and Haryana High Court, Chandigarh

JUDGMENT


Hemant Gupta, J. - This order shall dispose of Civil Miscellaneous Nos. 18993 of 2003 and 6907 of 2005 whereby the applicants have sought to be impleaded as respondents in the above-mentioned writ petition and Civil Miscellaneous Nos. 18994 of 2003 and 6908 of 2005 for recall and modification of the order passed on 30.4.2003 allegedly directing the State Government to issue notification for handing over the case to the Central Bureau of Investigation (hereinafter to be referred as "the CBI") with further prayer to set aside the notification dated 2.5.2003 and the First Information Report registered in pursuance of such notification by the CBI.

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by Puneet Batish · 0

Dissolution of unregistered firm - Suit for recovery thereafter - Suit for recovery of the amount due to a dissolved firm is maintainable even if the firm was not registered one

GUJRAT HIGH COURT

Before:- A.N. Divecha, J.
A.F.O. No. 270 of 1986 with Civil Application No. 2062 of 1986. D/d. 17.7.1992.

Kantilal Jethalal Gandhi - Appellant
Versus
Ghanshyam Ratilal Vyas - Respondent

For the Appellant - P.M. Raval, Advocate.
For the Respondents - S.M. Pandit, Advocate.

Gujarat High Court, Ahmedabad

JUDGMENT


A.N. Divecha, J.- The order passed by the learned Civil Judge (S.D.), at Narol on 30th June, 1986 below the application at Exh. 5 in Special Civil Suit No. 43 of 1986 is under challenge in this Appeal from Order. Thereby the learned trial Judge was pleased to reject the present appellant's application for interim injuction and to vacate the ad interim injunction granted earlier.

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by Puneet Batish · 0

12 August, 2014

Entries in books of account - If duty maintained and are corroborated through other evidence - Same are admissible under Section 34 of 1872 Act

PUNJAB AND HARYANA HIGH COURT

Before :- Sham Sunder, J.
R.S.A. No. 2746 of 2007. D/d. 23.7.2009.

Natha Singh - Appellant
Versus
Mittal Traders - Respondent

For the Appellant :- Gaurav Singal, Advocate.

Cases Referred :
Madvan Nair v. Bhaskar Pillai, (2005) 10 SCC 533
Harjeet Singh v. Amrik Singh, (2005) 12 SCC 270.

H.P. Pyarejan v. Dasappa, 2006(1) R.C.R.(Civil) 646 : AIR 2006 SC 1144.

Gurdev Kaur v. Kaki, 2006(2) R.C.R.(Civil) 561 : 2006 (5) JT (SC) 72 : AIR 2006 SC 1975.

Kanshi Ram v. Rajinder, 1999(4) R.C.R.(Civil) 650 : 2000 (1) CCC 143 (P&H).

Punjab and Haryana High Court, Chandigarh

JUDGMENT


Sham Sunder, J. - This appeal, is directed, against the judgment and decree, dated 11-4-2007, rendered by the Court of Additional District Judge, Patiala, vide which, it accepted the appeal of the plaintiff/respondent, and set aside the judgment and decree dated 6-10-2005, rendered by the Court of Additional Civil Judge (Senior Division), Samana, vide which, it dismissed the suit of the plaintiff/respondent.
2. Shorn of unnecessary details, the facts, relevant for the decision of this appeal, are that, Ramesh Chand, the sole proprietor of M/s. Mittal Traders, Patran (plaintiff/respondent), was doing the business of commission agent. It was stated that the defendant/appellant, who had been selling his agricultural produce, at the shop of the plaintiff/respondent, cleared/adjusted his entire previous account, on 17-11-2001, by receiving the balance amount, from the plaintiff/respondent, and signed the entry, in this regard, in his (plaintiff/respondent's) rokan bahi. It was further stated that after adjusting the entire previous account, on 17-11-2001, the defendant/appellant, did not sell his agricultural produce, at the shop of the plaintiff/respondent, in April 2002, and in September/October, 2002. It was further stated that, thereafter, the defendant/appellant, borrowed a sum of Rs. 97,000/- from the plaintiff/respondent, to meet his various domestic needs, making promise, to him that, in future, he would sell his entire agricultural produce, at his (plaintiff/respondent's) shop. It was further stated that, the defendant/appellant, after borrowing the loan amount, in the sum of Rs. 97,000/-, from the plaintiff/respondent, on 25-11-2002, signed the entry, in the rokar bahi, regularly maintained, by the plaintiff/respondent, in the ordinary course of business. It was further stated that, the defendant/appellant, thereafter, neither came, at the shop of the plaintiff/respondent, nor returned the borrowed amount, in the sum of Rs. 97,000/-, nor adjusted the same. The defendant/appellant, was many a time asked, to repay the borrowed amount along with interest, but to no avail. On the final refusal of the defendant/appellant, left with no other alternative, a suit for recovery, was filed.
3. The defendant/appellant, put in appearance, and filed written statement, wherein, he took up various objections, and contested the suit. It was pleaded that the suit of the plaintiff/respondent, was not maintainable. It was further pleaded that, no cause of action accrued, to the plaintiff/respondent, to file the suit. It was further pleaded that, the plaintiff/respondent, had no money lending licence, for running the business of advancing money on loan. It was further pleaded that the plaintiff/respondent, had concealed the material facts, from the Court. It was further pleaded that the plaintiff/respondent, had not come to the Court, with clean hands. It was denied that the defendant/appellant, put signatures, on the rokar, after borrowing a sum of Rs. 97,000/-. It was stated that the plaintiff/respondent, had never issued 'J' forms of agricultural produce, sold by the defendant, at his shop. It was further stated that, when the defendant, had not sold his crop, at the shop of the plaintiff, after 17-11-2001, the question of getting any advance, from him, did not at all arise. It was further stated that, much prior to the aforesaid episode, the defendant stopped selling his agricultural produce, at the shop of the plaintiff. It was further stated that the plaintiff, obtained his (defendant/appellant's) signatures, on account of settlement of account, and, later on, the same might have been used, for fabricating the alleged entry. The remaining averments, were denied, being wrong.
4. On the pleadings of the parties, the following issues were struck :-
    i) Whether plaintiff firm is doing business of Commission Agent of Patran and Ramesh Chand, plaintiff, is its sole proprietor ? OPP
    ii) Whether plaintiff is entitled to recovery of Rs. 1,027,28/- along with interest from the defendant ? OPP
    iii) Whether suit is not maintainable in the present form ? OPD
    iv) Whether plaintiff has got no cause of action to file the present suit ? OPD
    v) Whether plaintiff has no money lending licence, if so, its effect ? OPD
    vi) Whether plaintiff has concealed the material facts from the Court and has not come to the Court with clean hands, if so, its effect ? OPD
    vii) Relief.
5. After hearing the Counsel for the parties, and, on going through the evidence, on record, the trial Court, dismissed the suit of the plaintiff, for recovery.
6. Feeling aggrieved, an appeal was preferred, by the plaintiff/respondent, which was accepted, by the Court of Additional District Judge, Patiala, vide judgment and decree dated 11-4-2007.
7. Feeling dissatisfied, the instant Regular Second Appeal, has been filed by the defendant/appellant.
8. I have heard the Counsel for the defendant/appellant, and have gone through the documents, on record, carefully.
9. The Counsel for the defendant/appellant, submitted that, the First Appellate Court, was wrong, in coming to the conclusion that solely on the basis of the bahi entries, liability, with regard to the recovery of amount, in question, could be fastened upon the defendant/appellant. He further submitted that, the defendant/appellant, was selling his agricultural produce, at the shop of the plaintiff/respondent, and the accounts were cleared/adjusted, on 17-11-2001. He further submitted that, after the receipt of balance amount by the appellant from the respondent, which was settled, between the parties, on 17-11-2001, the entry was signed, by the parties. He further submitted that, thereafter, the defendant/appellant, did not sell any agricultural produce, at the shop of the plaintiff/respondent, and, it could not be imagined, that the plaintiff/respondent, would pay a sum of Rupees 97,000/-, to the defendant/appellant, on 25-11-2002 as loan. He further submitted that the judgment and the decree of the Appellate Court, being illegal, were liable to be set aside.
10. After giving my thoughtful consideration, to the contentions, advanced by the Counsel for the defendant/appellant, in my considered opinion, the appeal deserves to be dismissed, for the reasons to be recorded, hereinafter. In Madvan Nair v. Bhaskar Pillai (2005) 10 SCC 533, Harjeet Singh v. Amrik Singh (2005) 12 SCC 270, H.P. Pyarejan v. Dasappa, 2006(1) R.C.R.(Civil) 646 : 2006 (2) JT (SC) 228 : AIR 2006 SC 1144 and Gurdev Kaur v. Kaki, 2006(2) R.C.R.(Civil) 561 : 2006 (5) JT (SC) 72 : AIR 2006 SC 1975, while interpreting the scope of Section 100 of the Code of Civil Procedure, the principle of law, laid down, was that the High Court, has no jurisdiction to interfere with the findings of fact, arrived at by the first Appellate Court, even if the same are grossly erroneous, as the legislative intention, was very clear, that the legislature never wanted second appeal to become a "third trial on facts" or "one more dice in the gamble." It was further held that the jurisdiction of the High Court in interfering with the judgments of the Courts below, is confined only to the hearing of substantial questions of law. Admittedly, Natha Singh, defendant appellant, was earlier, selling his agricultural produce, at the shop of the plaintiff/respondent. On 17-11-2001, accounts, were settled, and whatever amount, was due, at that time, to the appellant, against the respondent, was paid, to him, and an entry, in this regard, was made, in the bahi which was signed. No doubt, thereafter, for sometime, the defendant/appellant, did not sell the agricultural produce, at the shop of the plaintiff/respondent. Ramesh Chand, plaintiff/respondent, himself appeared, in the witness box, as P.W. 1, and deposed that, on 25-11-2002, the defendant/appellant, borrowed a sum of Rs. 97,000/-. He brought the original books of account, maintained by him, in the regular course of business, and proved P3, the entry, in the bahi, showing that a sum of Rs. 97,000/- was borrowed, by the defendant/appellant, from the plaintiff/respondent, on 25-11-2002. P3/1, is the Punjabi version thereof. Even the original khata, for the year 2002-2003, was brought, by the plaintiff/respondent, and the relevant entry of the same is P4, and the Punjabi translation thereof, is P4/1. He deposed that Natha Singh, defendant/appellant, signed the entry after receipt of Rs. 97,000/-. Jiwan Kumar alias Jagjiwan Kumar, also deposed, with regard to the borrowing of Rupees 97,000/-, by the defendant/appellant, from the plaintiff/respondent, on 25-11-2002, and entries, referred to above, in the account books. He also deposed, that Natha Singh signed the entry, in the account books, at the time of obtaining a sum of Rs. 97,000/-, as loan. Not only this, Navdeep Gupta, Hand Writing and Finger Prints Expert, was produced, as P.W. 2, by the plaintiff/respondent, who compared the questioned signatures of Natha Singh, defendant/appellant, against the entry, in the original account books, and compared the same, with his specimen signatures. He came to the conclusion, that the questioned signatures, were written by the same person, who wrote the specimen signatures. The entries in the account books, therefore, stood duly corroborated, through the evidence of Ramesh Kumar, P.W. 1, the plaintiff/respondent, Jiwan Kumar alias Jagjiwan Kumar, P.W. 3, and Navdeep Gupta, Hand Writing and Finger Prints Expert, P.W. 2. It, therefore, could not be said that the liability, was fastened upon the plaintiff/respondent, regarding the recovery of the amount, only on the basis of uncorroborated entries in the account books. In Kanshi Ram v. Rajinder, 1999(4) R.C.R.(Civil) 650 : 2000 (1) CCC 143 (P&H), it was held that, if the entries, in the books of account, duly maintained, in the ordinary course of business, are corroborated, through other evidence, the same, are admissible, under Section 34 of the Evidence Act. The principle of law, laid down, in the aforesaid case, is fully applicable, to the facts of the instant case. No doubt, the defendant/appellant, denied that, he borrowed the loan, in question. He also denied that, he signed any entry, in the account books. However, he did not muster enough courage, to appear, as his own witness, to deny the factum of obtaining loan and signing the entry. The  findings of fact, recorded by the First Appellate Court, that the P> defendant/appellant, borrowed a sum of Rs. 97,000/-, on 25-11-2002, from the plaintiff/respondent; signed the entry in that regard in the account books of the plaintiff; that the entries in the account books were duly corroborated through the evidence of the plaintiff/respondent, Navdeep Gupta, Hand Writing and Finger Prints Expert, and Jiwan Kumar alias Jagjiwan Kumar, P.W. 3; and that the liability, could be fastened upon the defendant/appellant, for the recovery of the amount, on the basis of the evidence, produced by the plaintiff/respondent, being based, on the correct appreciation of evidence, and law, on the point, suffer from no illegality, or perversity, and warrant no interference. The submission of the Counsel for the defendant/appellant, being without merit, must fail, and same stands rejected. The judgment and decree of the First Appellate Court, as liable to be upheld.
11. No question of law, much less substantial, has arisen, in this appeal, for the determination of this Court.
12. For the reasons recorded above, the instant Regular Second Appeal, being devoid of merit, must fail, and the same is dismissed.

Appeal dismissed.

12 August, 2014 by Puneet Batish · 0

If man and woman are living under the same roof and cohabiting for a number of years, there will be a presumption under Section 114 of the Evidence Act, that they live as husband and wife and the children born to them will not be illegitimate

SUPREME COURT OF INDIA

Before :- P. Sathasivam and B.S. Chauhan, JJ. 
Civil Appeal No. 6466 of 2004. D/d. 13.8.2010.

Madan Mohan Singh and Others - Appellants
Versus
Rajni Kant and Others - Respondents

For the Appellant :- Mr. T.N. Singh and Mr. V.K. Singh, Advocates.
For the Respondent :- Mr. Abhay Kumar, Advocate.

Cases Referred :
1. Babloo Pasi v. State of Jharkhand, 2008(4) R.C.R.(Criminal) 756 : 2008(6) R.A.J. 95 : (2008)13 SCC 133.
2. Birad Mal Singhvi v. Anand Purohit, AIR 1988 SC 1796.
3. Brij Mohan Singh v. Priya Brat Narain Sinha, AIR 1965 SC 282.
4. Dayaram v. Dawalatshah, 1971 Apex Criminal 681 : AIR 1971 SC 681.
5. Desh Raj v. Bodh Raj, 2008(1) R.C.R.(Civil) 212 : 2007(6) R.A.J. 537 : AIR 2008 SC 632.
6. Gokalchand v. Parvin Kumar, AIR 1952 SC 231.
7. Harpal Singh v. State of Himachal Pradesh, AIR 1981 SC 361.
8. Lata Singh v. State of U.P., 2006(3) R.C.R.(Criminal) 870 : 2006(3) R.C.R.(Civil) 738 : 2006(2) Apex Criminal 670 : AIR 2006 SC 2522.
9. Mohabbat Ali Khan v. Mohd. Ibrahim Khan, AIR 1929 PC 135.
10. Mohd. Ikram Hussain v. The State of U.P., AIR 1964 SC 1625.
11. Ram Murti v. State of Haryana, AIR 1970 SC 1029.
12. Ram Prasad Sharma v. State of Bihar, AIR 1970 SC 326.
13. Ram Suresh Singh v. Prabhat Singh @Chhotu Singh, 2010(1) R.C.R.(Criminal) 244 : 2009(6) R.A.J. 661 : (2009)6 SCC 681.
14. Ranganath Parmeshwar Panditrao Mali v. Eknath Gajanan Kulkarni, (1996)7 SCC 681.
15. Ravinder Singh Gorkhi v. State of U.P., 2006(3) R.C.R.(Criminal) 156 : 2006(3) R.C.R.(Civil) 45 : 2006(2) Apex Criminal 333 : (2006)5 SCC 584.
16. S. Khushboo v. Kanniammal, 2010(2) R.C.R.(Criminal) 793 : (2010)5 SCC 600.
17. S.P.S. Balasubramanyam v. Suruttayan @ Andali Padayachi, 1992(1) R.C.R.(Criminal) 524 : 1992(2) R.R.R. 381 : (1994)1 SCC 460 : AIR 1992 SC 756.
18. Santenu Mitra v. State of West Bengal AIR 1999 SC 1587.
19. Satpal Singh v. State of Haryana, 2010(3) R.C.R.(Criminal) 777 : 2010(4) R.A.J. 304 : JT 2010(7) SC 500.
20. Sobha Hymavathi Devi v. Setti Gangadhara Swamy, 2005(1) R.C.R.(Civil) 799 : (2005)2 SCC 244.
21. State of Bihar v. Radha Krishna Singh, AIR 1983 SC 684.
22. State of Punjab v. Mohinder Singh, 2005(2) S.C.T. 401 : AIR 2005 SC 1868.
23. Updesh Kumar v. Prithvi Singh, 2001(1) R.C.R.(Civil) 637 : (2001)2 SCC 524.
24. Vishnu v. State of Maharashtra, 2006(1) R.C.R.(Criminal) 201 : 2006(1) Apex Criminal 41 : (2006)1 SCC 283.

Supreme Court of India

JUDGEMENT

Dr. B.S. Chauhan, J. - This appeal has been preferred against the judgment and order dated 14.8.2003 in Civil Misc. Writ Petition No. 19334 of 2003 passed by the High Court of Judicature at Allahabad by which the High Court dismissed the writ petition of the appellants in view of the concurrent findings recorded by the three statutory authorities under the Statute.

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by Puneet Batish · 0

11 August, 2014

Mere entries from bank's books of account or copies thereof are not sufficient to prove the liability except where the person concerned accepts correctness of the entries

SUPREME COURT OF INDIA

Before :- K.N. Wanchoo and G.K. Mitter, JJ.
Civil Appeal No. 733 of 1964. D/d. 14.10.1966.

Chandradhar Goswami and others - Appellant
Versus
Gauhati Bank Ltd. - Respondent

For the Appellant :- Mr. Naunit Lal, Advocate.
For the Respondent :- Mr. R. Gopalkrishna, Advocate.

Supreme Court of India

JUDGMENT


Wanchoo, J. - This is an appeal by special leave against the judgment and decree of the Assam High Court and arises in the following circumstances. The Gauhati Bank Limited (hereinafter referred to as the bank) brought a suit against the appellants for the recovery of Rs. 40,000. Its case was that appellant No. 1 had been dealing with the bank for the needs and business of the family consisting of himself and the other appellants as karta of the family, and in that connection he had an open, mutual and current account with the bank. In that connection moneys were borrowed from the bank and moneys were also paid into the bank

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11 August, 2014 by Puneet Batish · 0

01 August, 2014

Advocates with Provisional License Can't VOTE till they pass AIBE

Breaking News

Advocates that have provisional permission to practice won't be having #VOTING RIGHT in the elections of State Bar Council till they pass the All India Bar Examination (AIBE) and get permanent Certificate of Practice (COP) ~ Bar Council of India

All India Bar Examination

Get more information about next dates of AIBE - Click Here

Advocates with Provisional License Can't VOTE till they pass AIBE

01 August, 2014 by Puneet Batish · 0

Law Graduates can practice as Advocate and take AIBE exam later

As per a recent report published in Times of India, giving respite to those who passed LL.B. degree on or after June 30, 2011 and have enrolled themselves with the State bar Council the bar Council of India has permitted them to appear before the courts as an advocate without clearing the all India by examination, also known as a AIBE. The decision will help several lawyers who were unable to practice becasue they had not taken the BCI exam.

Law Graduates can practice as Advocate and take AIBE exam later
The decision to allow such law graduates to practice before the courts was taken recently by BCI. As per the resolution all law graduates enrolled in various State bar councils across the country will act as falls fledged advocates, subject to giving an undertaking that they would later appear for the BCI exam. At present only those law graduates, who had cleared the examination held by the BCI can practice as lawyers. While law graduates will be allowed to plead cases, they would need to give an undertaking to State bar Council that they shall appear for the examination conducted by the BCI.

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by Puneet Batish · 0

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