CIVIL
CPC 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 moreTender – A bid document has to be read as a whole and interpretation has to be based on common trade practices – Responsibility to make the site “available” prima facie has to be construed as “available” for work. PLRonline 437650
he language of the clause is wide and not limited to only an incident of default by the Department -...
Read moreTPA S. 53A – Execution of the registered agreement to sell coupled with delivery of possession does not result in transfer of the immovable property worth more than Rs.100/- if not registered
Registration of the agreement to sell coupled with delivery of possession has been made mandatory if the document is to...
Read moreReview – Party can not be left remedy less.
Review - Party can not be left remedy less - No party could be left remediless and whatever the grievance...
Read moreReview – Basic principles in which the review application could be entertained. [SC]
“20. Thus, in view of the above, the following grounds of review are maintainable as stipulated by the statute: 20.1. ...
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Adverse inference – In case a party to a suit does not enter into the witness box, an adverse influence has to be drawn against him/her. [SC]
In case a party to a suit does not enter into the witness box, an adverse influence has to be...
Read moreService matter – Whether the State Government while exercising power under Rule 6(10) is free to choose any candidate from the panel prepared by the Selection Committee. No.
Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President...
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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Specific Relief Act S. 22 (2) – CPC O. 6, R. 17 – Amendment of
Specific Relief Act, 1963, Section 22 (2) - Civil Procedure Code 1908 (V of 1908) Order 6, Rule 17 –...
Read moreEvidence – Issues – Pleadings – It is, not permissible for the court to allow the party to lead evidence which is not in the line of the pleadings.
Evidence - Issues - Pleadings - It is, not permissible for the court to allow the party to lead evidence...
Read moreIssues – Additional issue – Order, containing valid reasons, cannot legally be set aside, in exercise of limited revisional jurisdiction of this Court
Constitution of India, Art. 227 – Issues – Additional issue - Suit for a decree of declaration and permanent injunction...
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