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Beharilal Madanlal Jaipuria v Star Papers Mills Ltd - Rfa(Os) 26/2008   flag 

[2012] INDLHC 3634
High Court of Delhi
India
28th May, 2012

Cases and Articles Cited

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Janki Narayan Bhoir v Narayan Namdeo Kadam (2003) 2 SCC 91 circa 2003 9
Hanamantha Ranoji v Sri Mahadev Channabasappa (2000) 6 SCC 120; 2000 4 SCALE 692 Supreme Court of India India circa 2000 flag 5
Ishwar Das Jain v Sohan Lal AIR 2000 SC 426 Supreme Court of India India circa 2000 flag 9
Subhra Mukherjee v Bharat Coking Coal Ltd (2000) 3 SCC 312 circa 2000 4
Haryana v Bharat Steel Tubes Ltd AIR 1996 Delhi 198 India - Delhi circa 1996 flag 2
Annexure 'B' of the plaint? 13 The questions aforesaid as well as the submissions and contentions made on behalf of counsel for the appellant and the judicial decisions relied upon by them are discussed herein below in seriatim 14 The respondent No 1 had produced a copy of the Board Resolution dated September 10, 1987 (ExP-909) authorizing Shri LKPoddar to institute the suit Shri LKPoddar is stated to have left the employment of the respondent No 1 prior to the commencement of evidence and his whereabouts were not known It was submitted on behalf of the appellant that PW-1 Shri AS Bhargava has in his cross-examination admitted that to his knowledge, the respondent No 1 Co did not pass any resolution before filing the suit and that he had no knowledge of this aspect Also that DW-1 Shri RCJaipuria has stated in his affidavit that even Shri Lalit Poddar has no personal knowledge of the alleged suit transaction as the latter had joined the respondent No 1 only after the alleged suit transactions were over In this behalf the appellant referred to the following judgments: Nibro Ltd v National Insurance Co Ltd AIR 1991 Delhi 25 India - Delhi circa 1991 flag 7
Satteyya AIR 1991 SC 1865 Supreme Court of India India circa 1991 flag 1

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