Civil Procedure Code

Alifiya Husenbhai Keshariya vs Siddiq Ismail Sindhi 2024 INSC 457 -CPC – Indigent Appeal

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 …

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Govt. Of NCT Of Delhi vs KL Rathi Steels Limited 2024 INSC 454 – Review Jurisdiction

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 …

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Shailendra Kumar Sisodiya vs Rani Sisodiya @ Ranjana – CPC – Written Statement

Code Of Civil Procedure, 1908; Order VIII Rule 1 –As regards the timeline for filing of written statement in a non-commercial dispute, the unamended Order 8 Rule 1 CPC continues to be directory and does not do away with the inherent discretion of courts to condone certain delays – Referred to Atcom Technologies Ltd. v. …

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Lehna Singh (D) vs Gurnam Singh (D) 2024 INSC 429 – Punjab Courts Act – Second Appeal

Punjab Courts Act, 1918; Section 41- Code of Civil Procedure, 1908; Section 100- The provision contained in Section 41 of the Punjab Act, as reproduced above, does not mandate framing of a substantial question of law for entertaining the second appeal. Therefore, a second appeal under Section 41 of Punjab Act can be entertained by …

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Bhikchand vs Shamabai Dhanraj Gugale ((D) 2024 INSC 411 – S 144 CPC – Restitution – Auction Sale

Code Of Civil Procedure, 1908; Section 144 -Section 144 CPC statutorily recognises a pre-existing rule of justice, equity and fair play – Even away from Section 144 the court has inherent jurisdiction to order restitution so as to do complete justice between the parties- The factor attracting applicability of restitution is not the act of …

Bhikchand vs Shamabai Dhanraj Gugale ((D) 2024 INSC 411 – S 144 CPC – Restitution – Auction Sale Read More »

Mrugendra Indravadan Mehta vs Ahmedabad Municipal Corporation 2024 INSC 401 – O XLI R 31 CPC –

Code Of Civil Procedure,1908; Order XLI Rule 31 – The mere omission to frame the points for determination would not vitiate the judgment of the first appellate Court, provided that the first appellate Court recorded its reasons based on the evidence adduced by both parties – Even if the first appellate Court does not separately …

Mrugendra Indravadan Mehta vs Ahmedabad Municipal Corporation 2024 INSC 401 – O XLI R 31 CPC – Read More »

Sheikh Noorul Hassan vs Nahakpam Indrajit Singh 2024 INSC 391 – RP Act- Election Petition – Rejoinder

Representation of Peoples Act, 1951; Section 87(1) -Code of Civil Procedure, 1908; Order VIII Rule 9 – High Court, acting as an Election Tribunal, subject to the provisions of the 1951 Act and the rules made thereunder, is vested with all such powers as are vested in a civil court under the CPC. Therefore, in …

Sheikh Noorul Hassan vs Nahakpam Indrajit Singh 2024 INSC 391 – RP Act- Election Petition – Rejoinder Read More »

Swami Vedvyasanand Ji Maharaj (D) vs Shyam Lal Chauhan 2024 INSC 352 – Order XXII Rule 5 CPC

Code Of Civil Procedure, 1908; Order XXII Rule 5 -Proviso to Rule 5 does not say that the Appellate Court can direct the subordinate court to decide the question as to who would be the legal representative, it only provides that the Appellate Court can direct the subordinate court to try the question and return …

Swami Vedvyasanand Ji Maharaj (D) vs Shyam Lal Chauhan 2024 INSC 352 – Order XXII Rule 5 CPC Read More »

Ayay Ishwar Ghute vs Meher K Patel 2024 INSC 353 – Minutes Of Order – Advocates – CPC – Compromise

Practice and Procedure -“Minutes of Order”- a) The practice of filing “Minutes of Order” prevails in the Bombay High Court. As a courtesy to the Court, the advocates appearing for the parties to the proceedings tender “Minutes of Order” containing what could be recorded by the Court in its order. The object is to assist …

Ayay Ishwar Ghute vs Meher K Patel 2024 INSC 353 – Minutes Of Order – Advocates – CPC – Compromise Read More »

Arcadia Shipping Ltd. vs Tata Steel Limited 2024 INSC 333 – Order I Rule 3,7 CPC

Code of Civil Procedure, 1908 ; Order I Rule 3,7 – Plaintiff may join as a defendant in one suit, all persons against whom, the plaintiff claims the right to relief in respect of, or arising out of, the same act or transaction or series of transactions. The claim viz. the defendants can be joint, …

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