CIVIL
CrPC S. 397(2) -High Court may exercise its inherent powers under S. 482 to set aside an interlocutory order, notwithstanding the bar under S. 397(2)
Criminal Procedure Code, Section 397(2) , 482 - Section 397(2) of the Cr.P.C provides that the High Court's powers of...
Read more
Matrimonial – If the parties have settled their differences and executed agreement, satisfaction of the decree has to be certified in the manner indicated under Order XXI Rule 2
CPC O.21 R.2 Civil Procedure Code, 1908 (V of 1908), Order XXI Rule 2 - Execution filed to recover past...
Read more
Settlement – Any mode of satisfaction of the decree will have to be certified in a manner indicated under Order XXI Rule 2 of CPC
CPC O.21 R.2 Civil Procedure Code, 1908 (V of 1908), Order XXI Rule 2 - Settlement - Any mode of...
Read more
CPC S. 27 – Presumption of service of notice
"14. Section 27 gives rise to a presumption that service of notice has been effected when it is sent to the correct...
Read more
CPC O.9 R.13 – Summons served, setting aside exparte decree – Rejected
Civil Procedure Code, 1908 (V of 1908), Order IX Rule 13, Order V Rule 9(5) - Summons issued by registered...
Read more
While interpreting the provisions of a statute, the court avoids rejection or addition of words and resorts to that only in exceptional circumstances to achieve the purpose of the Act or give purposeful meaning.
Interpretation of Statutes “17. Ordinarily, the offence is compounded under the provisions of the Code of Criminal Procedure and the power...
Read more
Limitation – If a claimant is aware of the violation of his rights and does not claim his remedies, such inaction or conduct tantamounts a waiver of the right.
If a claimant is aware of the violation of his rights and does not claim his remedies, such inaction or...
Read more
CPA – Commisssion cannot pass orders in the execution of final orders as if the same was a decree of the civil court
CPA S. 25 CPA S. 27 Consumer Protection Act, 1986, Section 25, Section 27 - Commission being a creature of...
Read more
CPA – Execution – Petitioner not a party in the decree/award – Warrants set aside
CPA S. 25 CPA S. 27 Consumer Protection Act, 1986, Section 25, Section 27 – Petitioner not a party in...
Read more
‘Agricultural Land’ – something or other can be, and often is, grown on any vacant land, but that would not necessarily make it agricultural land for our purposes.
Sarfaesi, Sarfaesi S. 31 "We suppose that something or other can be, and often is, grown on any vacant land,...
Read moreCourt interpreted the definition of the term ‘Agricultural Land’
Sarfaesi, Wealth Tax Act, 1957 S. 2(e), Sarfaesi S. 31 "We agree that the determination of the character of land,...
Read more
Injunction – Temporary or permanent injunction can be granted only against the parties to a suit
Injunction - Temporary or permanent injunction can be granted only against the parties to a suit - West Bengal Estates...
Read more
Power of Attorney
Power of Attorney - An attestation by a Notary Public is merely a manner of securing an authentication but the...
Read more
Crown’s preferential right to recovery of debts, over other creditors is confined to ordinary or unsecured creditors
"The Crown's preferential right to recovery of debts, over other creditors is confined to ordinary or unsecured creditors. The Common...
Read more
Objection as to the mode of proof – Objection as to the mode of proof falls within procedural law – Therefore, such objections could be waived
Practice and procedure - Objection as to the mode of proof falls within procedural law - Therefore, such objections could...
Read more