CIVIL
[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]
Kum. Geetha, d/o Late Krishna v. Nanjundaswamy (2023-4)212 PLR 005 (SC) Civil Procedure Code, 1908 - Order 7 Rule 11...
Read moreCPC O. 22 R. 3 – Abatement – P&H amendment – Where the legal heirs of the deceased are not brought on record within the prescribed period, the suit shall not abate under O 22 R 3 CPC. [PLRonline 328702]
counsel : Pratibha Yadav, Manoj Tanwar Full Judgment with detailed headnotes for Online Subscribers (opens automatically) 2014 PLRonline 0216...
Read moreCPC O. 40 R. 1 – “just and convenient” explained – Receiver is regarded as one of the harshest remedy which the law provides for the enforcement of its rights. [PLRonline.in]
2010 PLRonline 0101 (Ker.) KERALA HIGH COURT Before : Justice Thomas P. Joseph. MARY & others - Petitioners Versus BIJU...
Read moreMaintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 4(4) – If multiple relatives are entitled to the inheritance, the responsibility for maintenance is shared proportionally to their inheritance share. [2014 PLRonline 0215]
2014 PLRonline 0215 PUNJAB AND HARYANA HIGH COURT Before: Sanjay Kishan Kaul, CJ and Justice Arun Palli. Paramjit Kumar Saroya...
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CPC O. 6 R. 16 – If only a portion of the plaint, as opposed to the plaint as a whole is to be struck out, Order VI Rule 16 of the CPC would apply and O. 7 R. 11 shall not apply – “Plaint” – Necessarily means the plaint as a whole. [PLRonline #319902]
Sejal Glass Ltd v. Navilan Merchants Pvt. Ltd. | 2017 PLRonline 0208 Full Judgment with detailed headnotes access for Premium...
Read moreCPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]
Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230...
Read moreMACT – CPC O. 1 R. 10 – Application for impleading the car owner and the Insurance company, of the other vehicle involved in the accident – It is for the MACT to ultimately take a decision in this regard – Contributory negligence – Application allowed. [ PLRonline # 3322204]
2019 PLRonline 3411 RAJASTHAN HIGH COURT (Jaipur Bench) Before:- Justice Sanjeev Prakash Sharma. Cholamandalam Ms General Insurance Co. Ltd. v....
Read moreMACT – CPC O. 1 R. 10 – Composite negligence – Impleadment of party – Application by the insurer for impleading the owner and the Insurance company, of the other vehicle involved in the accident – Allowed. [PLRonline ID 214901]
2007 PLRonline 0103 ANDHRA PRADESH HIGH COURT Before:-Mr. N.V. Ramana, J. United India Insurance Co. Ltd. v. Veduka Ravi C.R.P....
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Speedy justice – Civil cases – Directions issued to the trial courts to ensure `speedy justice’ is delivered – Judicial proceedings – Importance of Excellence and Duties in Judiciary. [(2023-3)211 PLR 644 (SC)]
. = 2023 SCeJ 398 SupremeCourtOnline 409603 . . SUPREME COURT OF INDIA Before : Justice S....
Read moreCPC O. 1 R. 10 – Necessary and Proper parties – Necessary parties in a suit for specific performance of a contract for sale – Adding a party to a suit under Order 1, Rule 10 CPC is only permissible if the proposed party has a direct and legal interest in the controversy – Plaintiff is the “dominus litus,” meaning the master of the litigation . [PLRonline 213801]
. 2005 SupremeCourtOnline 0102 (SC) . SUPREME COURT OF INDIA Before:- Justice N. Santosh Hegde, Justice Tarun Chatterjee and Justice...
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CPC O. 9 R. 9 – Dismissed in default – Date of knowledge – Wrong noting of date – Suit restored subject to cost. [PLRonline #447676]
(2023-3)211 PLR 636 PUNJAB AND HARYANA HIGH COURT Before: Justice Sanjay Vashisth. SANDEEP BHANDARI - Petitioner Versus DR. MANMOHAN LAMA...
Read moreCourt Fee Act S. 16 – CPC S. 89 – Specific Relief Act S. 38 – Emphasize the legislature’s effort to settle cases through alternative dispute resolution mechanisms – Settlement – Refund of court fees even if not asked for. [PLRonline 318802 (P&H)]
2015 PLRonline 0207 (P&H) PUNJAB AND HARYANA HIGH COURT Before:- Justice Bharat Bhushan Parsoon. Pradeep Sonawat - Petitioner Versus Satish...
Read moreCPA , 1986 – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]
2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN) 2023 PLRonline 0115 (SC) SUPREME COURT OF...
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CPC O. 39 R. 1 and 2 – Status quo – Vacated – Bonafide purchaser – Ancestral property – Appellants bona fide purchasers of ancestral property without notice – Late claim and substantial developments, the balance favored Defendants – Plaintiff’s name not in revenue records – Status quo vacated. [PLRonline 452654]
Judgment - Pronouncement – Judgment was pronounced in open Court - Signed later on after the charge was transferred –...
Read moreLocal Commissioner – Application for appointment – Dismissed – No revision would be maintainable. [PLRonline 481650]
(2023-1)209 PLR 070 PUNJAB AND HARYANA HIGH COURT Before: Mrs. Justice Alka Sarin. SANJAY KUMAR – Petitioner, Versus STATE OF...
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