CIVIL

CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

All the rules of procedure are the handmaid of justice.

CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

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CIVIL

[SC] CPC S. 11- Res judicata – “directly and substantially in issue” – Test – Earlier decision which is binding between the parties loses its binding force if between the parties a second decision decides to the contrary. [PLRonline 210300]

Sajjadanashin Sayed Md. B.E. Edr. (D) by L.Rs v. Musa Dadabhai Ummer, 2000 SupremeCourtOnline 0009 = 2000 PLRonline 210300 Full...

CPC O. 6 R. 17- Amendment after 7 years – Evidence has started – Possibly a drafting error – Order allowing amendment – Upheld.

Anita v. Rita Kapadia , 2019 PLRonline 3503 2019 PLRonline 3503 ; Full Judgment with detailed headnotes for Online Subscribers...

CPC O. 2 R. 2 – CPC O. 6 R. 17 – Order II Rule 2 CPC bars subsequent suits if certain conditions are met. Amendments necessary for determining the real controversy are generally allowed, except when unjust or prejudicial. Amendments aiding proper adjudication and avoiding multiple proceedings are permitted. Amendments introducing time-barred claims, altering the suit’s nature, or losing a valid defense are disallowed. Courts should be liberal and avoid a hyper-technical approach, considering the dispute to render a satisfactory decision. Delay alone isn’t a ground for disallowing amendments, but when they completely change the suit’s nature, they must be rejected. [ID 404505]

Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof...

Privacy and Social media – Is the constitutional core of human dignity. [(210) PLRIJ 041]

Privacy: Is seen as the ultimate expression of the sanctity of an individual. Dignity cannot be achieved without privacy. It...

CPC Order 1 Rule 10 – Strangers to a contract – Two tests – Specific Relief Act, 1963, Section 19 (a) to (e). SupremeCourtOnline [ID 219800 (SC)]

CPC Order 1 Rule 10 - Strangers to a contract Strangers to a contract who make independent and adverse claims...

Land Acquisition – Whether a Local Displaced Person can be denied plot allotment solely based on a delay in approaching the appellant-Improvement Trust. PLRonline [ID 310501]

Ludhiana Improvement Trust Land Disposal Rules, 1964 and Utilization of Land and Allotment of Plots Rules, 1975. Whether a Local...

MVA – Gratuitous passenger in a ‘goods vehicle’ – Once the Insurance Company has deducted premium for third party, it is liable – Even if claimant has not filed appeal , amount can be enhanced. [(210) PLR 375]

The Motor Vehicles Act, 1988, Section 147(1), 149(2)(a)(ii), 168 deals with insurance coverage and compensation related to motor vehicle accidents....

Arbitration and Conciliation Act, 1996

Limitation Act, S. 18 – Acknowledgment, if any, has to be prior to the expiration of the prescribed period for filing of the suit, and if the limitation has already expired it would not revive under S. 18.[SupremeCourtOnline ID 142258 (SC)]

Limitation Act (36 of 1963) S. 18 --- Acknowledgement --- Should be before expiry of prescribed period of filing suit....

Arbitratration Award – Ineligibility of Arbitrator – Unilateral appointment of an arbitrator without the consent of the other party(ies) – Cannot be executed. [(2023-2)210 PLRIJ 001]

Full Judgment for Online Subscribers (Click to subscribe) (2023-2)210 PLRIJ 001 (Del.) Delhi High Court Before: Justice Vibhu Bakhru, Justice Amit...

Civil court – Jurisdiction – CPC S. 9 – Therefore, it is a fundamental presumption in statutory interpretation that ordinary civil courts have jurisdiction to decide all matters of a civil nature, [2008 PLRonline 0104]

Civil court – Jurisdiction – CPC S. 9 - Therefore, it is a fundamental presumption in statutory interpretation that ordinary...

Limitation – Sale deed was executed when plaintiff allegedly was minor – School certificate – Not relied – No mention of date when the alleged fraud took place. Dismissed. [ID 416550]

Limitation Act, 1963 Article 59. Sale deed was executed when the plaintiff was allegedly a minor. The plaintiff attempted to...

Punjab Land Revenue Act, 1887, Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

2008 SupremeCourtOnline 0201 ; PLRonline 119102 SUPREME COURT OF INDIA ( Before : S. B. Sinha, J; Cyriac Joseph, J...

Execution – Limitation – Filed after 12 years.. [PLRonline 114800]

LogIn required to read judgment: Click here 1987 SupremeCourtOnline 0003 (PLRonline 114800) SUPREME COURT OF INDIA ( Before : Sabyasachi...

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223