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 …
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 …
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 …
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 …
Choudappa vs Choudappa (D) 2024 INSC 691 -Order XX Rule 12 CPC – Mesne Profits Read More »
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 …
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 »