Protected: Joginder Singh (D) vs Virinderjit Singh Gill (D) 2024 INSC 814 – S 47 CPC – Execution
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Civil Procedure Code
Ratilal Jhaverbhai Parmar vs State Of Gujarat 2024 INSC 801 – Judgment Pronouncment – Reasons To Follow Practice
Code Of Civil Procedure 1908 – Order XX – Practice to pronounce the operative part with the outcome and to provide the reasons later in detailed final judgments- It would be prudent to leave it to the learned Judges to pick any one of the three options [(i) dictation of the judgment in open court, …
Renjith KG vs Sheeba 2024 INSC 773 – Order XXI Rule 99 CPC – Pendent Lite Transferee -Limitation For Execution Of Partition Decree
Code of Civil Procedure 1908 – Order XXI Rule 99– “Any person” not a party to the suit or in other words a stranger to the suit can seek redelivery, after he has been dispossessed. The term “Stranger” would cover within its ambit, a pendent lite transferee, who has not been impleaded- The difference between …
Dinesh Goyal @ Pappu vs Suman Agarwal (Bindal) 2024 INSC 726 -Order VI Rule 17 CPC- Amendment Of Pleadings
Code Of Civil Procedure,1908; Order VI Rule 17 – (a) amendment of pleadings can be allowed at any stage; (b) amendment must be necessary to determine the “real question of controversy” “inter se parties”; (c) if such amendment is sought to be brought after commencement of trial the Court must, in allowing the same come …
Ranjit Singh vs State Of Uttarakhand 2024 INSC 724 – CPC – Non-Filing Of Written Statement- Consequences
Code of Civil Procedure,1908 – Order VIII- Even if a defendant does not file a written statement and the suit is ordered to proceed ex parte against him, the limited defence available to the defendant is not foreclosed. A defendant can always cross-examine the witnesses examined by the plaintiff to prove the falsity of the …
Rajesh Mitra @ Rajesh Kumar Mitra vs Karnani Properties Ltd. 2024 INSC 719- Order XII Rule 6 CPC – West Bengal Tenancy Premises Act
Code Of Civil Procedure,1908; Order XII Rule 6 –Order XII Rule 6 is an enabling provision conferring wide discretionary powers on the courts which cannot be claimed by any party as a matter of right- unless there is a clear, unambiguous, unequivocal and unconditional admission, courts should not exercise their discretion under the Rule because …
Choudappa vs Choudappa (D) 2024 INSC 691 -Order XX Rule 12 CPC – Mesne Profits
Code Of Civil Procedure,1908-Order XX Rule 12 – Analogy with regard to the preparation of the final decree pursuant to the preliminary decree for partition can very well be applied to the cases where a decree is passed with a direction to hold an inquiry with regard to determination of mesne profits- Such an inquiry …
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Rashmi Kant Vijay Chandra vs Baijnath Choubey & Company – 2024 INSC 688- S 100 CPC – Second Appeal
Code of Civil Procedure,1908; Section 100 – Second Appeal –High Courts are required to hear second appeals under Section 100 of the CPC only on the satisfaction that there exists a substantial question of law and the appeal has to be heard on the question so formulated -[In this case, while allowing appeal against judgment …
Rama Kt Barman (D) vs Md Mahim Ali 2024 INSC 644 – CPC – Second Appeal
Code of Civil Procedure,1908; Section 100 & Order XLI- A Court cannot create any new case at the appellate stage for either of the parties, and the appellate court is supposed to decide the issues involved in the suit based on the pleadings of the parties. (Para 14)
Al-Can Export Pvt Ltd. vs Prestige HM Polycontainers Ltd. 2024 INSC 500 – Writ Jurisdiction – CPC
Constitution Of India,1950; Article 226- Code Of Civil Procedure,1908 ; Section 141 and Order XXI Rule 90- The provisions of the CPC do not apply to writ petitions under Article 226 of the Constitution of India except some of the principles enshrined therein like res judicata, delay and laches, addition of parties, matters which have …