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1 - 5 of 5 (0.33 seconds)The Code of Civil Procedure, 1908
Amit Kumar Shaw & Anr vs Farida Khatoon & Anr on 13 April, 2005
11 If Order XXII Rule 10 would not apply, then certainly, the
Judgment of the Apex Court in Amit Kumar Shaw (Supra) that under
Order XXI Rule 10 no detailed inquiry at the stage of granting leave is
contemplated would not be applicable. In any case, as submitted by
Mr.Tamboli, an inquiry to ascertain whether the assignment deed exists
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Rajeshri Aher 30/36 14 ia 3590 of 2020.doc
or should be construed as a nullity or illegality would not amount to
holding a detailed inquiry.
Surjit Singh & Ors. Etc. Etc vs Harbans Singh & Ors. Etc. Etc on 6 September, 1995
In fact, in
Surjit Singh (Supra), the facts were almost similar, where there was an
assignment by means of registered deed and the assignment happened
after an order of injunction was passed. The Court observed that in
defiance of the restraint order, the assignment was made like in the
case at hand. If we let it go as such, it would defeat the ends of justice
and the prevalent public policy. This Court, in the circumstances, has
the duty, as also the right, to treat, the deed of assignment having not
taken place at all for its purposes.
Keshrimal Jivji Shah And Anr. vs Bank Of Maharashtra And Ors. on 22 April, 2004
Rajeshri Aher 31/36 14 ia 3590 of 2020.doc
Paragraphs 26, 27 and 28 of Keshrimal Jivji (Supra) read
as under:
1