CIVIL
[SC] CPC S. 152, 153A – On principle when once an order of an original authority is taken in appeal to the appellate authority which is located beyond the territorial jurisdiction of the High Court, it is the order of the latter authority which is the operative order after the appeal is disposed of.
“We therefore feel that on principle when once an order of an original authority is taken in appeal to the...
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[SC – 29.3.22] Limitation Act 1963 S.18 – IBC S. 8, S.9 – Affect of cheques issued alongwith a covering letter – Failure of the NCLAT as the first appellate authority to look into a very vital aspect vitiates its order. 2022 SCeJ 0416, 2022 PLRonline 1794
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Read more![[SC] Land Acquisition Act 1894 S. 4, S.18 – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas – Deduction of 40% instead of 33% allowed. 2022 SCeJ 0392](https://supremecourtonline.in/wp-content/uploads/2022/04/pexels-photo-636342-350x250.jpeg)
[SC] Land Acquisition Act 1894 S. 4, S.18 – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas – Deduction of 40% instead of 33% allowed. 2022 SCeJ 0392
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Read more![[SC] Land Acquisition – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas](https://supremecourtonline.in/wp-content/uploads/2022/04/pexels-photo-102728-350x250.jpeg)
[SC] Land Acquisition – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas
Generally the sale instances with respect to small plots/parcels of land are not comparable to a large extent of land...
Read more[PLR] CPC O. 39 R. 1, 2 – Application for ad-interm injunction, dismissed – ADJ, Karnal also directed that operation of impugned order shall remain stayed – ADJ directed to be careful in future and not to pass orders in a mechanical manner. 2022 PLRonline 7354
Civil Procedure Code, 1908 (V of 1908) Order 39, Rule 1, 2 – Application for ad-interm injunction filed by the...
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CPC O. 6 R. 17 – Pleading is required to state material facts and not evidence by which they are to be proved – In written statement plea already taken up that petitioner has got several properties – Amendment giving details of these properties is not required – Tenancy. 2022 PLRonline 7654
Civil Procedure Code 1908 (V of 1908) Order 6 Rule 17 – Amendment of written statement – A pleading is...
Read moreCPC O. 9 R. 13 – Exparte judgment – Deceased not heard of for last more than seven years, as such, he was presumed to be dead and plaintiff was entitled to get property – Only arrayed General Public was required to implead relatives.
Civil Procedure Code, 1908 (V of 1908) Order 9, Rule 13 – Setting aside exparte judgment – That deceased had...
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CPC O. 1 R. 15, O. 6 R. 17 – Amendment – Nature of suit is sought to be changed by turning it into a suit for declaration and permanent injunction instead of the original suit for permanent injunction only – Dismissal upheld. 2022 PLRonline 8254
Civil Procedure Code, 1908 (V of 1908) Order 1, Rule 15, Order 6 Rule 17 – Amendment of Plaint –...
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CPC O. 9 R. 13 – Setting aside exparte judgment – Resident of Canada and the plaintiff had not given her correct address of that country – Setting aside upheld. 2022 PLRonline 8454
Civil Procedure Code, 1908 (V of 1908) Order 9, Rule 13 – Setting aside exparte judgment – Case that she...
Read moreCPC O. 38 R. 10 – Attachment before judgment shall not affect the rights of the persons who are not parties to the suit – Slight insignificant infringement of the procedural law does not result in invalidating the court auction.
Civil Procedure Code, 1908 (V of 1908) Order 38, Rule 10 – Apparent that the attachment before judgment shall not...
Read moreCPC O. 6 R. 2 – Only the facts are required to be stated in a concise manner in the pleadings and neither the evidence nor the arguments are required to be stated therein
Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 2 – Only the facts are required to be stated...
Read moreSpecific Relief Act S. 16(2) – Non grant of permission to transfer the property – If the permission has not been granted due to the fault of the proposed vendor himself, then he cannot be allowed to capitalize upon or take the benefit of such a default
Specific Relief Act, 1963 (47 of 1963) Section 16(2) – Requires the plaintiff to prove that he has always been...
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CPC O. 47 R. 1 – Review is not an appeal in disguise and can be referred to only in the rarest of rare cases
CPC, Order 47 Rule 1 , Section 151 - Court of review has only limited jurisdiction circumscribed by definite limits...
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CPC, Order 7, Rule 11
Civil Procedure Code, 1908 (V of 1908) Order 7, Rule 11 – Revision was not maintainable under Order 7 Rule...
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COI Art. 226 – Ad valorem – Court fee – Plaintiff not being the executant to the transfer deed, is not liable to pay ad-valorem Court fee
Constitution of India, Article 226 – Ad valorem – Court fee – Plea -Respondent is a widow lady and claiming...
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