CPC
CPC O. 9 R. 9 – Dismissed in default – Date of knowledge – Wrong noting of date – Suit restored subject to cost. [PLRonline #447676]
(2023-3)211 PLR 636 PUNJAB AND HARYANA HIGH COURT Before: Justice Sanjay Vashisth. SANDEEP BHANDARI - Petitioner Versus DR. MANMOHAN LAMA...
Read moreCourt Fee Act S. 16 – CPC S. 89 – Specific Relief Act S. 38 – Emphasize the legislature’s effort to settle cases through alternative dispute resolution mechanisms – Settlement – Refund of court fees even if not asked for. [PLRonline 318802 (P&H)]
2015 PLRonline 0207 (P&H) PUNJAB AND HARYANA HIGH COURT Before:- Justice Bharat Bhushan Parsoon. Pradeep Sonawat - Petitioner Versus Satish...
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CPC O. 39 R. 1 and 2 – Status quo – Vacated – Bonafide purchaser – Ancestral property – Appellants bona fide purchasers of ancestral property without notice – Late claim and substantial developments, the balance favored Defendants – Plaintiff’s name not in revenue records – Status quo vacated. [PLRonline 452654]
Judgment - Pronouncement – Judgment was pronounced in open Court - Signed later on after the charge was transferred –...
Read moreCPC O. 11 R. 1 and 4 – Interrogatories – Interrogatories must have a reasonably close connection with the “matters in question” , cannot be refused on the grounds that there are other means of proving the fact in question, Interrogatories that favor the case of the applicant and damage/destroy the case of the opponent would be admissible, service of interrogatories can allowed at any stage of the suit. [PLRonline 324702]
2014 PLRonline 0213 (Bom.) BOMBAY HIGH COURT (Nagpur Bench) Before:- A.S. Chandurkar, J. Shrivallabh v. Ibrahimkhan Writ Petition No. 5675...
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Decree – Setting aside exparte decree – Knowledge – applicant must have knowledge not merely that a decree has been passed by some Court against him, but that a particular decree has been passed to against him in a particular Court in favour of a particular person for a particular sum. [1967 PLRonline 0001 (SC)]
Limitation Act Art. 164 “(4) In Pundlick Rowji v. Vasantrao Madhavrao, (1909) 11 Bom LR 1296 Davar, J., held that...
Read moreCPC O. 7 R. 11 – The Court cannot consider an application to dismiss the case at this stage as the trial has progressed and evidence has been presented – The only option now is to proceed with a final decision on the issues.[ PLRonline ID 477670]
(2023-3)211 PLR 066 PUNJAB AND HARYANA HIGH COURT Before:- Mr. Justice Rajbir Sehrawat. RAJINDERPAL SINGH - Petitioner Versus THAKUR DAWARA...
Read moreHaryana Urban (Control of Rent and Eviction) Act, 1973, S. 23 – Haryana Urban (Control of Rent and Eviction) Rules, 1976, R. 7 – CPC O. 18, R. 3A – Eviction petition – Strict provisions of CPC shall not apply to the proceedings under the Act and only those provisions of the Code shall be made applicable, which the Act specifically provides – Provisions of Rule 3A Order 18 of CPC shall not apply to the proceedings under the Rent Act. [ID 217802]
RENT ACT - Strict provisions of CPC shall not apply to the proceedings under the Act
Read moreSuit – Non-filing of an affidavit in support of an application may be an irregularity but not an illegality or inherent defect that cannot be cured – Plaint can be returned for want of cause of action. Only the averments made in the plaint are considered,Suit – Non-filing of an affidavit in support of an application may be an irregularity but not an illegality or inherent defect that cannot be cured.
Civil Procedure Code, Order 19 Rule 1: Non-filing of an affidavit in support of an application may be an irregularity...
Read more[SC] CPC S. 98(2) – Letters Patent is a special law for the High Court concerned, and in case of a conflict between the two, the special law prevails – Section 97(1) of the Civil Procedure Code (Amendment) Act, 1976 has no application to Section 41 of the Punjab Courts Act, 1918.
Pankajakshi (Dead) v. Chandrika (SC)(Constitution Bench), 2016 SupremeCourtOnline 0107, (2016)6 SCC 157, 2016 AIR (SC) 1213 Section 23 of the...
Read more[SC] CPC S. 11 – Res Judicata – “competent to try such subsequent suit” – Have been interpreted that it must refer to the pecuniary jurisdiction of the earlier Court to try the subsequent suit at the time when the first suit was brought. [PLRonline 115600]
Section 11 of the Civil Procedure Code, 1908 deals with the doctrine of res judicata, which means that a matter...
Read more[SC] CPC S. 11- Res judicata – “directly and substantially in issue” – Test – Earlier decision which is binding between the parties loses its binding force if between the parties a second decision decides to the contrary. [PLRonline 210300]
Sajjadanashin Sayed Md. B.E. Edr. (D) by L.Rs v. Musa Dadabhai Ummer, 2000 SupremeCourtOnline 0009 = 2000 PLRonline 210300 Full...
Read moreCPC O. 6 R. 17- Amendment after 7 years – Evidence has started – Possibly a drafting error – Order allowing amendment – Upheld.
Anita v. Rita Kapadia , 2019 PLRonline 3503 2019 PLRonline 3503 ; Full Judgment with detailed headnotes for Online Subscribers...
Read moreCPC O. 2 R. 2 – CPC O. 6 R. 17 – Order II Rule 2 CPC bars subsequent suits if certain conditions are met. Amendments necessary for determining the real controversy are generally allowed, except when unjust or prejudicial. Amendments aiding proper adjudication and avoiding multiple proceedings are permitted. Amendments introducing time-barred claims, altering the suit’s nature, or losing a valid defense are disallowed. Courts should be liberal and avoid a hyper-technical approach, considering the dispute to render a satisfactory decision. Delay alone isn’t a ground for disallowing amendments, but when they completely change the suit’s nature, they must be rejected. [ID 404505]
Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof...
Read moreCPC Order 1 Rule 10 – Strangers to a contract – Two tests – Specific Relief Act, 1963, Section 19 (a) to (e). SupremeCourtOnline [ID 219800 (SC)]
CPC Order 1 Rule 10 - Strangers to a contract Strangers to a contract who make independent and adverse claims...
Read moreMVA – Gratuitous passenger in a ‘goods vehicle’ – Once the Insurance Company has deducted premium for third party, it is liable – Even if claimant has not filed appeal , amount can be enhanced. [(210) PLR 375]
The Motor Vehicles Act, 1988, Section 147(1), 149(2)(a)(ii), 168 deals with insurance coverage and compensation related to motor vehicle accidents....
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