proceedings in this case, it is admitted fact that there is no lis between appellant and Revenue as regard duty being not payable ... assesse and borne by him and if there is no contest or lis and hence no adversarial assessment ordered. Hence non filing of appeal against
Bayer Corporation vs Union Of India Through The Secretary on 15 July, 2014
Author: M
additional fine. He further
emphasized that the State Commission in deciding a lis, between
the respondent and the appellant, discharged judicial functions
and exercised judicial ... Learned senior counsel submitted that an adjudication of a lis
by a tribunal without a judicial member would be an anathema to
judicial process
Sicpa India Private Ltd. vs Kapil Kumar & Ors. on 1 July, 2014
Author: Manmohan
APPELLANT(S)/PETITIONERS:
------------------------
1. KURIACHAN CHACKO
MANAGING PARTNER, M/S.LIS, PALACKAL COURT
M.G.ROAD, ERNAKULAM 682 035.
2. ACHAMMA CHACKO ... CHACKO, AGED 63 YEARS
PARTNER, M/S.LIS, PALACKAL COURT
M.G.ROAD, ERNAKULAM 682 035.
3. LINU JOY
W/O.JOY, AGED 42 YEARS
germane.
22. A decision can be set aside in the same lis on a prayer
for review or an application for recall or under Article ... have said, overruling of a decision takes place in a
subsequent lis where the precedential value of the decision is
called in question
therefore, the principle of delay and laches would not
frustrate the lis. Adverting to the merits, the High Court
dealt with the additional affidavit filed ... against the present respondents who were not
impleaded as parties to the lis before the tribunal.
Once there is violation of principles of natural justice
transaction prior to a suit for specific performance is not hit by lis pendens and the transaction done during the proceedings alone is affected ... doctrine of lis pendens.
48. In a suit for specific performance, whether the subsequent purchaser to the agreement is a necessary party was considered
favour of the 15th defendant was also abinitio void and hit by lis pendens and therefore, the 15th defendant would not get any right ... defendant is true, valid and whether such sale deed is affected by lis pendens ?
17.Additional issued framed on 19.08.1987 are as follows:-
1.Whether
held, in no uncertain words, that when
a fact, arising after the lis has come to the notice of the
court, has fundamental impact ... rights of the parties as they
stood on the commencement of the lis. However, the Court
has the power to take note of subsequent events
