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1 - 10 of 24 (0.29 seconds)Section 189 in The Indian Succession Act, 1925 [Entire Act]
Abdul Rashid Sahib vs Ramachandran .... 1St on 27 May, 2022
In Abdul Rashid Sahib's case it is held:
R.S.Sornam vs ) Rathinam on 18 October, 2019
It went wrong in accepting the consent that the defendant had
offered as part of operation-collusion, and overlooked the need to pass a
well formulated judgement as was insisted in R.S.Sornam Vs. Rathinam
and others [2019(6) CTC 427] and Abdul Rashid Sahib Vs.
Ramachandran [ 2022 (3) CTC 667].
Achutananda Baidya vs Prafullya Kumar Gayen And Ors on 8 April, 1997
That apart, any decree based on a cryptic non-speaking judgement, and obtained
by inducing the trial Court to commit a fundamental defect calculated to defeat
the right of a third party to the suit amounts to miscarriage of justice, and this
Court might have to exercise its plenary jurisdiction under Article 227 of the
Constitution, and restore status quo ante as was prior to the passing of the decree.
Placing reliance on the ratio in Achutananda Baidya Vs. Prafullya Kumar
Gayen and Others [(1997) 5 SCC 76], Satluj Jal Vidyut Nigam Vs. Raj Kumar
Rajinder Singh (Dead) Through Legal Representatives and Others [(2019) 14
SCC 449]; K.P.Natarajan and Another Vs Muthalammal and others [(2021) 5
MLJ 527 (SC) = LNIND 2021 SC 200] J.Sivasubramanian and another Vs
N.Govindarajan and another [1988 (1) CTC 470]; N.Maheswari Vs.
9/29
https://www.mhc.tn.gov.in/judis
C.R.P. No.2954 of 2021
Mariappan and others [2013(2) CTC 388], Ranipet Municipality, Rep. by its
Corner and Special Officer, Ranipet Vs. M.Shamsheerkhan [1998 (1) CTC 66];
Varada Reddiar and another Vs. Jayachandran and others [1996 (II) CTC
611], Dr.Anbuchelvi Appulingam Vs. District Collector, Kancheepuram
District [2021 (5) CTC 335], the learned counsel argued that anything done by
manipulating the judicial process with the intent to defeat the justful right of
third parties cannot be allowed to stand.
Satluj Jal Vidyut Nigam Ltd. vs Raj Kumar Rajinder Singh(D)Thru Lrs on 24 September, 2018
That apart, any decree based on a cryptic non-speaking judgement, and obtained
by inducing the trial Court to commit a fundamental defect calculated to defeat
the right of a third party to the suit amounts to miscarriage of justice, and this
Court might have to exercise its plenary jurisdiction under Article 227 of the
Constitution, and restore status quo ante as was prior to the passing of the decree.
Placing reliance on the ratio in Achutananda Baidya Vs. Prafullya Kumar
Gayen and Others [(1997) 5 SCC 76], Satluj Jal Vidyut Nigam Vs. Raj Kumar
Rajinder Singh (Dead) Through Legal Representatives and Others [(2019) 14
SCC 449]; K.P.Natarajan and Another Vs Muthalammal and others [(2021) 5
MLJ 527 (SC) = LNIND 2021 SC 200] J.Sivasubramanian and another Vs
N.Govindarajan and another [1988 (1) CTC 470]; N.Maheswari Vs.
9/29
https://www.mhc.tn.gov.in/judis
C.R.P. No.2954 of 2021
Mariappan and others [2013(2) CTC 388], Ranipet Municipality, Rep. by its
Corner and Special Officer, Ranipet Vs. M.Shamsheerkhan [1998 (1) CTC 66];
Varada Reddiar and another Vs. Jayachandran and others [1996 (II) CTC
611], Dr.Anbuchelvi Appulingam Vs. District Collector, Kancheepuram
District [2021 (5) CTC 335], the learned counsel argued that anything done by
manipulating the judicial process with the intent to defeat the justful right of
third parties cannot be allowed to stand.
K.P. Nataranjan vs Muthalammal on 16 July, 2021
That apart, any decree based on a cryptic non-speaking judgement, and obtained
by inducing the trial Court to commit a fundamental defect calculated to defeat
the right of a third party to the suit amounts to miscarriage of justice, and this
Court might have to exercise its plenary jurisdiction under Article 227 of the
Constitution, and restore status quo ante as was prior to the passing of the decree.
Placing reliance on the ratio in Achutananda Baidya Vs. Prafullya Kumar
Gayen and Others [(1997) 5 SCC 76], Satluj Jal Vidyut Nigam Vs. Raj Kumar
Rajinder Singh (Dead) Through Legal Representatives and Others [(2019) 14
SCC 449]; K.P.Natarajan and Another Vs Muthalammal and others [(2021) 5
MLJ 527 (SC) = LNIND 2021 SC 200] J.Sivasubramanian and another Vs
N.Govindarajan and another [1988 (1) CTC 470]; N.Maheswari Vs.
9/29
https://www.mhc.tn.gov.in/judis
C.R.P. No.2954 of 2021
Mariappan and others [2013(2) CTC 388], Ranipet Municipality, Rep. by its
Corner and Special Officer, Ranipet Vs. M.Shamsheerkhan [1998 (1) CTC 66];
Varada Reddiar and another Vs. Jayachandran and others [1996 (II) CTC
611], Dr.Anbuchelvi Appulingam Vs. District Collector, Kancheepuram
District [2021 (5) CTC 335], the learned counsel argued that anything done by
manipulating the judicial process with the intent to defeat the justful right of
third parties cannot be allowed to stand.
Varada Reddiar And Anr. vs Jayachandran And Ors. on 7 February, 1996
That apart, any decree based on a cryptic non-speaking judgement, and obtained
by inducing the trial Court to commit a fundamental defect calculated to defeat
the right of a third party to the suit amounts to miscarriage of justice, and this
Court might have to exercise its plenary jurisdiction under Article 227 of the
Constitution, and restore status quo ante as was prior to the passing of the decree.
Placing reliance on the ratio in Achutananda Baidya Vs. Prafullya Kumar
Gayen and Others [(1997) 5 SCC 76], Satluj Jal Vidyut Nigam Vs. Raj Kumar
Rajinder Singh (Dead) Through Legal Representatives and Others [(2019) 14
SCC 449]; K.P.Natarajan and Another Vs Muthalammal and others [(2021) 5
MLJ 527 (SC) = LNIND 2021 SC 200] J.Sivasubramanian and another Vs
N.Govindarajan and another [1988 (1) CTC 470]; N.Maheswari Vs.
9/29
https://www.mhc.tn.gov.in/judis
C.R.P. No.2954 of 2021
Mariappan and others [2013(2) CTC 388], Ranipet Municipality, Rep. by its
Corner and Special Officer, Ranipet Vs. M.Shamsheerkhan [1998 (1) CTC 66];
Varada Reddiar and another Vs. Jayachandran and others [1996 (II) CTC
611], Dr.Anbuchelvi Appulingam Vs. District Collector, Kancheepuram
District [2021 (5) CTC 335], the learned counsel argued that anything done by
manipulating the judicial process with the intent to defeat the justful right of
third parties cannot be allowed to stand.
Sm. K. Ponnalagu Ammal vs The State Of Madras, Represented By The ... on 7 November, 1952
Reliance was placed on the ratio in Ponnalagu Ammani Vs. State of Madras
[1966 L.W.136]; V.N.Krisna Murthy and Another Vs. Ravikumar and Others
[(2020) 9 SCC 501]; Pharez John Abraham (Dead) by Legal Representatives
Vs. Arul Jothi Sivasubramaniam K. and Others [(2020) 13 SCC 711]; Banwari
Lal Vs. Chando Devi [1993) 1 SCC 581]; Maneck Gustedji Burjarji Vs.
Sarafazali Nawabali Mirza [(1977) 1 SCC 227]; Varanasaya Sanskrit
Vishwavidyalaya and another Vs. Dr.Rajkishore Tripathi and Another [AIR
1977 SC 615]; Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and
Ors. Vs. Tuticorin Educational Society and Ors. [2020-2-L.W.256 : (2019) 7
MLJ 721] and Abdul Rashid Sahib Vs. Ramachandran [2022(3) CTC 667].
Discussion & Decision:
V.N. Krishna Murthy vs Sri Ravikumar on 21 August, 2020
Reliance was placed on the ratio in Ponnalagu Ammani Vs. State of Madras
[1966 L.W.136]; V.N.Krisna Murthy and Another Vs. Ravikumar and Others
[(2020) 9 SCC 501]; Pharez John Abraham (Dead) by Legal Representatives
Vs. Arul Jothi Sivasubramaniam K. and Others [(2020) 13 SCC 711]; Banwari
Lal Vs. Chando Devi [1993) 1 SCC 581]; Maneck Gustedji Burjarji Vs.
Sarafazali Nawabali Mirza [(1977) 1 SCC 227]; Varanasaya Sanskrit
Vishwavidyalaya and another Vs. Dr.Rajkishore Tripathi and Another [AIR
1977 SC 615]; Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and
Ors. Vs. Tuticorin Educational Society and Ors. [2020-2-L.W.256 : (2019) 7
MLJ 721] and Abdul Rashid Sahib Vs. Ramachandran [2022(3) CTC 667].
Discussion & Decision: