CIVIL
CPA, 1986 – Dismissed in default – Second complaint- Maintainable
Consumer Protection Act, 1986 – Dismissed in default - Second complaint- Maintainable - Whether a second complaint to the District...
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‘Shall not be bound’ by the procedure laid down by the Code – A view which advances the cause of justice must be preferred to the one which defeats it – CPC O. 33
Railway Claims Tribunal Act, 1987, Section 18(1) - CPC, O. 33 - ‘shall not be bound’ by the procedure laid...
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CPC O. 33 – Access to justice cannot be denied to an individual merely because he does not have the means to pay the prescribed fee.
CPC, O. 33 - Access to justice cannot be denied to an individual merely because he does not have the...
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CPC S. 92 – At time of issuing notice , Court has to go beyond the relief and have regard to the capacity in which the plaintiff has sued and the purpose for which the suit was brought
CPC S. 92 - It is not every suit claiming reliefs specified in Section 92 that can be brought under...
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CPC S. 92- To find out whether the suit was for vindicating public rights there is necessity to go beyond the relief and to focus on the purpose for which the suit was filed
CPC S. 92- To find out whether the suit was for vindicating public rights there is necessity to go beyond...
Read moreCPC S. 10 – what “the matter in issue” exactly means?
CPC S. 10 – Test for applicability - Matter in issue in both the suits have to be directly and...
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CPC S. 10 – Test for applicability – Whether the final decision being in the previously instituted suit, would operate as res judicata in subsequent suit
CPC S. 10 - Test for applicability - Whether “the matter in issue is also directly and substantially in issue...
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CPC S. 10 – For application of S. 10 the Court in which the previous suit is pending should be competent to grant the relief claimed
CPC S. 10 - Where a suit is instituted in a court to which provisions of the Code apply, it...
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Right of Children to Free and Compulsory Education Act, 2009
Right of Children to Free and Compulsory Education Act, 2009 – To set aside clause 8(1)(a) of Transfer Policy dated...
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Injunction – Financial matters – In financial matters grant of ex parte interim orders can have a deleterious effect
Injunction - Financial matters - In financial matters grant of ex parte interim orders can have a deleterious effect and...
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Injunction – Bank guarantee – Second exception to the rule – there would be no possibility whatsoever of the recovery of the amount from the beneficiary
Injunction – Interlocutory injunction - Bank guarantee - Second exception to the rule of granting injunction, i.e, the resulting of...
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Injunction – Bank Guarantee – Invocation – Court ought not to have issued an injunction which had the effect of restraining the Bank from fulfilling its contractual obligation in terms of the bank guarantee
Injunction – Interlocutory injunction - Bank Guarantee - The letter of invocation demanding the payment was in accordance with the...
Read moreInjunction – An injunction can not be used in nullifying the terms of a contract, agreement or undertaking
Injunction – Interlocutory injunction - An injunction of the court ought not to be an instrument which is used in...
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Injunction – Bank guarantee – Fraud has to be established
M.R in Bolivinter Oil SA v. Chase Manhattan Bank 1984 1 All ER 351, CA are apposite: “… The wholly exceptional case where...
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Fraud has to be an established fraud – Injunction
Fraud - Fraud has to be an established fraud - In the absence of established fraud and not a mere...
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