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 »
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. …
Shailendra Kumar Sisodiya vs Rani Sisodiya @ Ranjana – CPC – Written Statement Read More »
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 …
Lehna Singh (D) vs Gurnam Singh (D) 2024 INSC 429 – Punjab Courts Act – Second Appeal Read More »
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 …
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 …