CPC
CPC O. 9, R. 13 – As a consequence of setting aside of the ex parte decree , Defendants cannot be permitted to file their written statement.
CPC , O. 9, R. 13 - As a consequence of setting aside of the ex parte decree , Defendants...
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CPC O. 9 R. 13 – Lack of knowledge
CPC , O. 9, R. 13 - Limitation Act, Section 5, Article 123 - Lack of knowledge is also a...
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CPC O. 6 R. 17 – Evidence had begun and thereafter amendment application was filed – Without a finding that the party could not have raised the matter before commencement of trial with due diligence, the application for amendment cannot be allowed
Civil Procedure Code 1908 (V of 1908) Order 6 Rule 17 - Evidence had begun and thereafter amendment application was...
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CPC O. 39 R.1 – TPA S. 44 – Partition Act S. 4 – Grant of interim mandatory injunction
Civil Procedure Code, 1908 (V of 1908), S. 94, 151, Order 39 , R. 1, 2 — Mandatory injunction -...
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TPA S. 44 – Partition Act S. 4 – Grant of interim mandatory injunction – Special considerations
Transfer of Property Act (IV of 1882), S. 44 - Partition Act (IV of 1893), S. 4 - Grant of...
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CPC O. 39 R. 1, 2 – Mandatory injunction on interlocutory applications – Relief of – Guidelines
Civil Procedure Code, 1908 (V of 1908), S. 94, 151, Order 39 , R. 1, 2 — Mandatory injunction on...
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CPC O. 8 R. 1 as amended by the Commercial Courts Act, 2015 – Limitation – Extending the period of limitation in filing the written statement – In re: Suo Motu Writ Petition No.3 of 2020 .
CPC, Order 8 Rule 1 as amended by the Commercial Courts Act, 2015 - Limitation - Extending the period of...
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Arbitration clause provides that the arbitration is to be conducted at Chennai whereas the parties are belonging to Haryana – Vehicle loan – Agreement as such is unconscionable and one sided being opposed to public policy – Repossession
CPC O. 7 R. 11 - Bank recovered a vehicle by using force for which loan installments had already been...
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‘Shall not be bound’ by the procedure laid down by the Code – A view which advances the cause of justice must be preferred to the one which defeats it – CPC O. 33
Railway Claims Tribunal Act, 1987, Section 18(1) - CPC, O. 33 - ‘shall not be bound’ by the procedure laid...
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CPC O. 33 – Access to justice cannot be denied to an individual merely because he does not have the means to pay the prescribed fee.
CPC, O. 33 - Access to justice cannot be denied to an individual merely because he does not have the...
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CPC S. 92 – At time of issuing notice , Court has to go beyond the relief and have regard to the capacity in which the plaintiff has sued and the purpose for which the suit was brought
CPC S. 92 - It is not every suit claiming reliefs specified in Section 92 that can be brought under...
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CPC S. 92- To find out whether the suit was for vindicating public rights there is necessity to go beyond the relief and to focus on the purpose for which the suit was filed
CPC S. 92- To find out whether the suit was for vindicating public rights there is necessity to go beyond...
Read moreCPC S. 10 – what “the matter in issue” exactly means?
CPC S. 10 – Test for applicability - Matter in issue in both the suits have to be directly and...
Read moreCPC S. 10 – Test for applicability – Whether the final decision being in the previously instituted suit, would operate as res judicata in subsequent suit
CPC S. 10 - Test for applicability - Whether “the matter in issue is also directly and substantially in issue...
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CPC S. 10 – For application of S. 10 the Court in which the previous suit is pending should be competent to grant the relief claimed
CPC S. 10 - Where a suit is instituted in a court to which provisions of the Code apply, it...
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