CPC
CPC O. 18 R. 17A – Additional evidence – Fixed for rebuttal evidence and arguments – Main plea of the petitioner was that the suit property was ancestral yet he has been thoroughly negligent in pursuing his cause – At this belated stage, in the absence of any issue regarding the nature of the suit property, the petitioner cannot be permitted to lead additional evidence. [PLRonline 318402]
- No issue regarding nature of the suit property was framed - Plaintiff/petitioner chose to remain silent at that stage...
Read moreCourt dismissed appeal in limine with words ‘No merit. Dismissed.’ – Dismissal of appeal in limine would amount to merger .[PLRonline 1214701]
CPC S. 153A - enables the court which has passed the decree to exercise the power of correcting clerical and...
Read moreCPC S. 60 (1) (CCC) – Suit for specific performance regarding disputed house – Trial Court held that agreement of sale was only for the purpose of security and there was no intention to sell/purchase the house – Only residential house cannot be sold in execution. (PLRonline ID #1318103)
CPC S. 60 (1) (CCC) - Suit for specific performance regarding disputed house - Trial Court came to the conclusion...
Read moreCPC Section 60(1)(ccc) Proviso – Where decree to be executed is for specific performance of an agreement of a specific property , a charge would stand created upon the property itself – Proviso – Not applicable. (PLRonline ID #1317103)
........... decree having become final, directing specific performance of the contract entered into by the petitioner with the respondent, the...
Read more[SC] CPC O. 8 R 6A – Counter claim – Must be instituted before the defendant has delivered his defence or before the time limit for delivering his defence has expired. [2022 PLRonline 0600]
Punjab Courts Act, 1918, Section 41 - Though the requirement of formulation of a substantial question of law was not...
Read more[SC] CPC – O. 9 R. 13, O. 43 R. 1(d), S. 115 – Revision Petition cannot be filed if an appeal is maintainable – Appeal is only applicable against the refusal to set aside the ex-parte decree under O.9 R. 13, not against an order allowing such an application – If appeal against the ex-parte decree is dismissed (except when withdrawn), the remedy under Order 9 Rule 13 cannot be pursued. [PLRonline 424683 (SC)]
KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY v. AMEENA BEGUM (2023-4)212 PLR 313 (SC) = 2023 SCeJ 0562 = PLRonline 424683...
Read more[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]
Kum. Geetha, d/o Late Krishna v. Nanjundaswamy (2023-4)212 PLR 005 (SC) Civil Procedure Code, 1908 - Order 7 Rule 11...
Read moreCPC O. 22 R. 3 – Abatement – P&H amendment – Where the legal heirs of the deceased are not brought on record within the prescribed period, the suit shall not abate under O 22 R 3 CPC. [PLRonline 328702]
counsel : Pratibha Yadav, Manoj Tanwar Full Judgment with detailed headnotes for Online Subscribers (opens automatically) 2014 PLRonline 0216...
Read moreCPC O. 40 R. 1 – “just and convenient” explained – Receiver is regarded as one of the harshest remedy which the law provides for the enforcement of its rights. [PLRonline.in]
2010 PLRonline 0101 (Ker.) KERALA HIGH COURT Before : Justice Thomas P. Joseph. MARY & others - Petitioners Versus BIJU...
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CPC O. 6 R. 16 – If only a portion of the plaint, as opposed to the plaint as a whole is to be struck out, Order VI Rule 16 of the CPC would apply and O. 7 R. 11 shall not apply – “Plaint” – Necessarily means the plaint as a whole. [PLRonline #319902]
Sejal Glass Ltd v. Navilan Merchants Pvt. Ltd. | 2017 PLRonline 0208 Full Judgment with detailed headnotes access for Premium...
Read moreCPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]
Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230...
Read moreMACT – CPC O. 1 R. 10 – Application for impleading the car owner and the Insurance company, of the other vehicle involved in the accident – It is for the MACT to ultimately take a decision in this regard – Contributory negligence – Application allowed. [ PLRonline # 3322204]
2019 PLRonline 3411 RAJASTHAN HIGH COURT (Jaipur Bench) Before:- Justice Sanjeev Prakash Sharma. Cholamandalam Ms General Insurance Co. Ltd. v....
Read moreMACT – CPC O. 1 R. 10 – Composite negligence – Impleadment of party – Application by the insurer for impleading the owner and the Insurance company, of the other vehicle involved in the accident – Allowed. [PLRonline ID 214901]
2007 PLRonline 0103 ANDHRA PRADESH HIGH COURT Before:-Mr. N.V. Ramana, J. United India Insurance Co. Ltd. v. Veduka Ravi C.R.P....
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Speedy justice – Civil cases – Directions issued to the trial courts to ensure `speedy justice’ is delivered – Judicial proceedings – Importance of Excellence and Duties in Judiciary. [(2023-3)211 PLR 644 (SC)]
. = 2023 SCeJ 398 SupremeCourtOnline 409603 . . SUPREME COURT OF INDIA Before : Justice S....
Read moreCPC O. 1 R. 10 – Necessary and Proper parties – Necessary parties in a suit for specific performance of a contract for sale – Adding a party to a suit under Order 1, Rule 10 CPC is only permissible if the proposed party has a direct and legal interest in the controversy – Plaintiff is the “dominus litus,” meaning the master of the litigation . [PLRonline 213801]
. 2005 SupremeCourtOnline 0102 (SC) . SUPREME COURT OF INDIA Before:- Justice N. Santosh Hegde, Justice Tarun Chatterjee and Justice...
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