Appointment of a Local Commissioner in a Civil Suit for Spot Inspection
Appointment of a local commissioner in a civil suit for spot inspection is made when the court needs an on-site report on possession, construction or…
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Rejection of Plaint in a Civil Suit on Limitation Ground
Rejection of plaint in a Delhi civil suit on the ground of limitation is possible when the bar is clear from the plaint itself. If limitation needs evidence…
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Temporary Injunction in a Delhi Civil Suit
Temporary injunction in a Delhi civil suit is granted only when a prima facie case, irreparable harm and balance of convenience are shown. A bare claim of…
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Husband opposes wife’s claim for the matrimonial home
Husband opposing wifes claim for the matrimonial home in parents’ name in Delhi must still meet the shared-household test. Title in the parents’ name is…
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Husband Paying Interim Maintenance and Wants It Reduced?
Husband paying interim maintenance and wants it reduced in a Delhi case must show a change in circumstances or that the original figure was based on…
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Husband Served with a Domestic Violence Complaint in Delhi
Husband served with a domestic violence complaint in Delhi should enter appearance, file a reply and place his income documents. Non-appearance leads to…
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Cheque from a Customer Who Says Adjust It Against Old Dues After It Bounces
Small trader receives a cheque and the customer later says adjust it against old dues. The 138 case still turns on whether a debt equal to the cheque existed…
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Post-Dated Cheques Taken by a Small Trader
Post-dated cheques taken by a small trader and later dishonoured can each support a 138 case if presented on or after their dates and a proper notice is sent…
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Trader’s goods delivered on credit before buyer closes shop
Small traders goods delivered on credit and the buyer closes shop does not end the debt. A commercial or civil suit can still be filed against the proprietor…
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Construction company cheque bounces after work is cancelled
Construction company cheque bounces after the client cancels the work order and the 138 case still depends on whether any amount remained due for work already…
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