decision of the
Supreme Court in the case of Modula India v. Kamakshya Singh Deo , reported in AIR 1989 SC
5
162 and a decision ... such, the decision of the Supreme Court in the case of Modula India (supra) and the decision
of this Court in the case of Rameswar
Modula (India) Pvt. Ltd. And Anr vs Directorate Of Enforcement on 8 December, 2017
Author: Sanjib Banerjee
Bench: Sanjib Banerjee ... With
CAN 9872 of 2007
Modula (India) Pvt. Ltd. and anr.
-vs-
Directorate of Enforcement, Foreign Exchange,
Special unit and anr.
Since none appears
cross-examination.
9. Learned counsel cites, in support of such proposition, Modula India -
versus - Kamakshya Singh Deo, reported at (1988) 4 SCC 619, where ... property being a
Thika Tenancy. By placing reliance on Modula India (supra)1, the
appellants have argued that the limited rights of a defendant
Apex Court in
the matter of Modula India versus Kamakshya Singh
Deo reported in (1988) 4 Supreme Court Cases 619
and on a decision ... prevented from adducing evidence.
Mr Deb also distinguishes the decision in Modula India
(supra), on the ground that the said decision was rendered in
respect
contention he placed reliance
upon a decision in the case of Modula India vs.
Kamakshya Singh Deo , reported at (1988) 4 SCC 619.
He further ... Supreme Court in the case of Modula
India (supra) held that in a case where the defence
against delivery of possession of a tenant
decision of the Supreme Court
rendered in the case of Modula India Vs Kamakshya
3
Singh Deo reported in (1988) 4 SCC 619. The point ... plaintiff a decree
cannot be passed against him in the following:-
( Modula India Vs Kamakshya Singh Deo )
18. We agree that full effect should
Supreme Court
in the case of Modula India vs. Kamakshya Singh Deo
reported at 1998 (4) SCC 619. The Hon'ble Supreme
Court ... Modula India (supra) in paragraph 24 of the
said reports has specifically held that even after the
defense has been struck off the defendant
Supreme Court in the case of Modula India Vs.
Kamakshya Singh Deo reported at (1988) 4 Supreme
Court Cases 619, the said order by itself ... defendants is circumscribed by the restriction
mentioned in paragraph 24 of Modula India (supra),
which clearly shows that the defendant would not be
entitled
been placed upon the judgments delivered in the
cases of New India Assurance Company Limited versus Nusli Neville Wadia &
Another , reported ... versus
Commissioner of Central Excise , reported in ( 2016) 15 2181 and Modula
India versus Kamakshya Singh Deo , reported in (1988) 3 SCC 619.
33. Drawing
been placed upon the judgments delivered in the
cases of New India Assurance Company Limited versus Nusli Neville Wadia &
Another , reported ... versus
Commissioner of Central Excise , reported in ( 2016) 15 2181 and Modula
India versus Kamakshya Singh Deo , reported in (1988) 3 SCC 619.
33. Drawing
