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S.Amarjit Singh Kalra (Dead) By L.Rs. & ... vs Pramod Gupta (Dead) By L.Rs. & Ors on 17 December, 2002 cites

Harihar Prasad Singh And Ors vs Balmiki Prasad Singh And Ors on 10 December, 1974

This question, in our considered view, cannot and should not also be decided merely on the format of the decree under challenge or it being one or the manner in which it was dealt with before or by the Court, which passed it. It may usefully be noticed at this stage that the decision in Harihar Prasad's case (supra) wherein the principles have been considered elaborately in the light of the overall distinguishing features from an aspect very relevant for the purpose of the cases before us, specifically adverted to the decision in Ram Swarup's case (supra) of the Constitution Bench as also the unreported decisions in Jhingan Singh's case (supra) and Kishan Singh's case (supra) and distinguished them with observations as hereunder:-
Supreme Court of India Cites 18 - Cited by 151 - A Alagiriswami - Full Document

Ram Sarup vs Munshi And Others(And Connected ... on 30 August, 1962

This question, in our considered view, cannot and should not also be decided merely on the format of the decree under challenge or it being one or the manner in which it was dealt with before or by the Court, which passed it. It may usefully be noticed at this stage that the decision in Harihar Prasad's case (supra) wherein the principles have been considered elaborately in the light of the overall distinguishing features from an aspect very relevant for the purpose of the cases before us, specifically adverted to the decision in Ram Swarup's case (supra) of the Constitution Bench as also the unreported decisions in Jhingan Singh's case (supra) and Kishan Singh's case (supra) and distinguished them with observations as hereunder:-
Supreme Court of India Cites 24 - Cited by 175 - N R Ayyangar - Full Document

Sarguja Transport Service vs State Transport Appellate Tribunal, ... on 12 November, 1986

On behalf of the respondents, it was also pointed out that the serious lapses and absence of sufficient cause, as conceded by the counsel for the appellants before the High Court itself, for the delay in bringing on record the legal representatives of the deceased 5 appellants of the same village, despite the knowledge of their death, justified their rejection and no challenge could be made of it, at this stage. It was also urged that even these appeals before this Court also have abated on account of the death of Smt. Gulab Sundari (R-27), Shri K.K. Kochar (R-12) and Bhim Singh (R-23), since the applications to bring on record their legal representatives were dismissed as "not having been pressed" by the order dated 22.11.2001 passed by the Constitution Bench. The applications now moved for revival of those applications are said to be of no merit and that the bar under Order 23 Rule 1(4) and Order 22 Rule 9(1) CPC read with Section 141 CPC was also attracted besides the bar of limitation. Reliance has been placed in this regard on the decisions reported in Saguja Transport Service vs. State Transport Appellate Tribunal, M.P. Gwarlior & Ors. [1987(1) SCC 5] and Renen Roy vs. Prakash Mitra [1998(9) SCC 689].
Supreme Court of India Cites 8 - Cited by 523 - E S Venkataramiah - Full Document

Kanakarathanammal vs V. S. Loganatha Mudaliar And Another on 18 December, 1963

(vii) and 26 were said to render these appeals defective on account of non- joinder/absence of the necessary parties.The non-filing of appeals by 37 Proprietors out of 110, or non-joinder of those parties to the proceedings, was also claimed to render the appeals by only the others, incompetent and not properly or validly constituted and reliance was also sought to be placed in this regard on the decision reported in Kanakrathanammal vs. V.S. Loganctha Muddier & another [1964(6) SCR 1] and Jahar Roy (dead through LRs) & another vs. Premji Bhimji Mansata &another [1978(1) SCR 770] and for that very reason these appeals are alsosaid to be incompetent and liable to be dismissed.A reference to the case law on which strong reliance was placed by either side becomes essential, before adverting to the relevance and applicability or otherwise of the principles laid down therein to the points arising for consideration in these appeals.
Supreme Court of India Cites 1 - Cited by 140 - P B Gajendragadkar - Full Document

Jahar Roy (Dead Through L.Rs) And Anr vs Premji Bhimji Mansata And Anr on 3 November, 1977

(vii) and 26 were said to render these appeals defective on account of non- joinder/absence of the necessary parties.The non-filing of appeals by 37 Proprietors out of 110, or non-joinder of those parties to the proceedings, was also claimed to render the appeals by only the others, incompetent and not properly or validly constituted and reliance was also sought to be placed in this regard on the decision reported in Kanakrathanammal vs. V.S. Loganctha Muddier & another [1964(6) SCR 1] and Jahar Roy (dead through LRs) & another vs. Premji Bhimji Mansata &another [1978(1) SCR 770] and for that very reason these appeals are alsosaid to be incompetent and liable to be dismissed.A reference to the case law on which strong reliance was placed by either side becomes essential, before adverting to the relevance and applicability or otherwise of the principles laid down therein to the points arising for consideration in these appeals.
Supreme Court of India Cites 18 - Cited by 15 - P N Shinghal - Full Document

Ranen Roy vs Prakash Mitra on 26 November, 1997

On behalf of the respondents, it was also pointed out that the serious lapses and absence of sufficient cause, as conceded by the counsel for the appellants before the High Court itself, for the delay in bringing on record the legal representatives of the deceased 5 appellants of the same village, despite the knowledge of their death, justified their rejection and no challenge could be made of it, at this stage. It was also urged that even these appeals before this Court also have abated on account of the death of Smt. Gulab Sundari (R-27), Shri K.K. Kochar (R-12) and Bhim Singh (R-23), since the applications to bring on record their legal representatives were dismissed as "not having been pressed" by the order dated 22.11.2001 passed by the Constitution Bench. The applications now moved for revival of those applications are said to be of no merit and that the bar under Order 23 Rule 1(4) and Order 22 Rule 9(1) CPC read with Section 141 CPC was also attracted besides the bar of limitation. Reliance has been placed in this regard on the decisions reported in Saguja Transport Service vs. State Transport Appellate Tribunal, M.P. Gwarlior & Ors. [1987(1) SCC 5] and Renen Roy vs. Prakash Mitra [1998(9) SCC 689].
Supreme Court of India Cites 2 - Cited by 10 - S R Babu - Full Document

The State Of Punjab vs Nathu Ram on 1 May, 1961

The decision in Jhanda Singh's case (supra), though of a Bench of three learned Judges, dealt with the question in the light of the decision in Nathu Ram's case (supra) and applied the ratio therein to the said case and in the process observed that "a perusal of the judgment does not disclose that the decision was based upon the existence of a joint right as distinguished from tenancy in common. The emphasis was more on the joint decree passed than on the relationship of the respondents inter se" and ultimately came to the conclusion that "Indeed, this Court definitely held that evenspecification of shares does not affect the nature of the decree." On that view of the matter, the Bench specifically declined to consider in detail the other line of decisions placed before them.
Supreme Court of India Cites 1 - Cited by 274 - R Dayal - Full Document
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