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)
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 …
Code Of Civil Procedure, 1908; Section 151- Whether upon admission of an instrument in evidence and its marking as an exhibit by a court (despite the instrument being chargeable to duty but is insufficiently stamped), such a process can be recalled by the court in exercise of inherent powers saved by section 151 CPC? Trial …
GM Shahul Hameed vs Jayanthi R Hegde 2024 INSC 493 – S 151 CPC – Insufficient Stamping Read More »
Code Of Civil Procedure,1908; Section 100– Unless substantial questions of law are formulated at the time of admission of the appeal or any time subsequent thereto, a second appeal cannot be finally heard. The reason is that a second appeal can be finally heard only on a substantial question of law formulated earlier. In fact, …
Nek Pal vs Nagar Palika Parishad 2024 INSC 574 – S 100 CPC – Second Appeal Read More »
Contempt of Courts Act, 1971; Section 20 – In a case where a civil contempt is alleged by a party by referring to a “continuing wrong/breach/offence” and such allegation prima facie satisfies the court, the action for contempt is not liable to be nipped in the bud merely on the ground of it being presented …
S Tirupathi Rao vs M Lingamaiah 2024 INSC 544 – CPC – Review – Contempt Of Court Read More »
Code of Civil Procedure, 1908- Even if the defendant/opposite party failed to file a written statement and, in that matter, even if forfeiture of the right to file written statement has occasioned it would not disentitle that party from participating in the further proceedings, without filing a written statement and in such circumstances, the said …
Code Of Civil Procedure, 1908; Order XXIII Rule 3- For a valid compromise in a suit there has to be a lawful agreement or compromise in writing and signed by the parties which would then require it to be proved to the satisfaction of the Court. In the absence of any document in writing, the …
Amro Devi vs Julfi Ram (D) 2024 INSC 527 – Order XXIII Rule 3 CPC – Lis Pendens Read More »
Code Of Civil Procedure, 1908; Section 11- Res Judicata-The principle of res judicata is applicable not only between the plaintiff and the defendants but also between the co-defendants. In applying the principle of res judicata between the co-defendants, primarily three conditions are necessary to be fulfilled, namely, (i) there must be a conflict of interest …
Code Of Civil Procedure, 1908; Order XXXIII –(i) It is an enabling provision for filing of a suit by an indigent person without paying the court fee at the initial stage. (ii) If the suit is decreed for the plaintiff, the court fee would be calculated as if the plaintiff had not originally filed the …
Alifiya Husenbhai Keshariya vs Siddiq Ismail Sindhi 2024 INSC 457 -CPC – Indigent Appeal Read More »
Code of Civil Procedure, 1908; Section 114 & Order XLVII – No review is available upon a change or reversal of a proposition of law by a superior court or by a larger Bench of this Court overruling its earlier exposition of law whereon the judgment/order under review was based- The subsequent overruling of a …
Govt. Of NCT Of Delhi vs KL Rathi Steels Limited 2024 INSC 454 – Review Jurisdiction Read More »