CPC
Civil court – Jurisdiction – CPC S. 9 – Therefore, it is a fundamental presumption in statutory interpretation that ordinary civil courts have jurisdiction to decide all matters of a civil nature, [2008 PLRonline 0104]
Civil court – Jurisdiction – CPC S. 9 - Therefore, it is a fundamental presumption in statutory interpretation that ordinary...
Read moreCPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223
LogIn to read Full text (click on the menu) (2022-4)208 PLR 512 (SC) = 2023 SCeJ 0223 = 2023 PLRonline...
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CPC O. 21 R. 97, 99 and 101 – Impleadment in execution proceedings – All questions relating to right, title or interest and relevant shall have to be determined by the Court dealing with the application. [2022 PLRonline 1429504, 2022 SCeJ 1418]
2022 PLRonline 1429504, 2022 SCeJ 1418 SUPREME COURT OF INDIA M.R. Shah J. B.V. Nagarathna J. Bangalore Development Authority v....
Read moreCPC O. 21 R. 102 clarifies that Rule 98 and Rule 100 do not apply in cases where resistance or obstruction in the execution of a decree is offered by a transferee pendente-lite. [2022 SCeJ 1409, 2022 PLRonline 1410504]
2022 SCeJ 1409, 2022 PLRonline 1410504 SUPREME COURT OF INDIA Indira Banerjee J. J.K. Maheshwari J. SRIRAM HOUSING FINANCE AND...
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CPC O. 21 – Decree – If amount is deposited, or paid to decree holder or person entitled to it, the person entitled to the amount cannot later seek interest on it – If dep[opsited in court mandatorily should be deposited in a bank
202 PLRonline 436600 2023 SCeJ 0025 SUPREME COURT OF INDIA Before: Justice M.R. Shah, Justice S. Ravindra Bhat. K. L....
Read moreCPC O. 6 R. 17 – Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments
CPC O. 6 R. 17 - While deciding the application for amendment ordinarily the court must not refuse bona fide,...
Read moreCPC O. 6 R. 17 – ‘due diligence’ – Fault of lawyer
CPC, 1908, O. 6 R. 17 - Amendment of written statement – 'due diligence' - Amendment application filed after commencement...
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CPC O. 6 R. 17 – “due diligence”
The law on "due diligence" developed till this date is summarized as under : (a) "Due diligence" means careful and...
Read moreCPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.
CPC S. 10 - Rent Act - Bihar Rent Act is a special Act providing for speedy disposal of eviction...
Read moreCPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.
CPC S. 10 - Section 10 suggests that it is referable to a suit instituted in the civil Court and...
Read moreCPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code
Inherent jurisdiction of the Court to make orders ex debito justitiae is undoubtedly affirmed by Section 151 CPC, but that...
Read moreCPC O. 6 R. 17 – Mere failure to set out even an essential fact does not, by itself constitute a new cause of action.
CPC, 1908, O. 6 R. 17, O. 30 R. 1 - Amendment of plaint – Suit for recovery of money...
Read moreCPC O. 6 R. 2 – Procedural law – Provisions relating to pleadings – Object of
CPC, 1908, O. 6 R. 2 - Procedural law - Provisions relating to pleadings - Object of - Procedural law...
Read morePartenership firm – Dissolution – Effect of dissolution is not to render the firm non-existent – It continues to exist for all purposes necessary for its winding up – One of these is of course the recovery of moneys due to it by suit or otherwise – CPC O. 30 R. 1
Vivian Bose, J., Said (at p. 315): "It is argued on behalf of the defendants that O. 30, R. 1,...
Read moreCPC O. 30 – Existence of the provisions of O. XXX in the Code does not mean that a plaint filed in the name of a firm doing business outside India is not a suit infact by the partners of that firm individually
A case of a partnership firm where this Court pointed out that Sec. 4 of the Partnership Act uses the...
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