Code of Civil Procedure, 1908 – Indian Evidence Act, 1872 – Provisions of the Code as also the Evidence Act do not differentiate between a party to the suit acting as a witness and a witness otherwise called by such a party to testify – the term witness does not exclude the party to the …
Order VI Rule 17 CPC says a Court can allow amendment at ‘any stage of proceedings’. It is true that the proviso to this Rule restricts the scope of it after the stage of commencement of trial. But even thereafter amendment can be allowed in deserving situtations. So the question here actually is whether ‘any …
O VI R 17 CPC – Amendment of Plaint At Appeal Stage Read More »
Rule 1 of Order XXIII provides that when a plaintiff once institutes a suit in a Court and thereby avails of a remedy given to him under law, he cannot be permitted to institute a fresh suit in respect of the same subject-matter again after abandoning the earlier suit or by withdrawing it without the …
The Supreme Court in Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP Ltd., (2020) 5 SCC 410 observed: The grant of relief in a suit for specific performance is itself a discretionary remedy. A plaintiff seeking temporary injunction in a suit for specific performance will therefore have to establish a strong primafacie case on basis of …
Temporary Injunction In Suit For Specific Performance Read More »
In IDBI Trusteeship Services Ltd. v. Hubtown Ltd., (2017) 1 SCC 568, the Supreme Court laid down the following principles: (1) If the defendant satisfies the court that he has a substantial defence, that is, a defence that is likely to succeed, the plaintiff is not entitled to leave to sign judgment, and the defendant …
O XXXVII R 3 – Conditional Grant Of Leave To Defend In Summary Suit (Principles) Read More »
Can a written statement filed after 120 days from the date of service of summons in a commercial suit can be taken on record? Order VIII Rule 1 CPC (as applicable to Commercial Suits) reads as follows: Written Statement. – The defendant shall, within thirty days from the date of service of summons on him, …
O VIII R 1 CPC – Written Statement Filed After 120 Days In Commercial Suits Read More »
Order XXXVII of Civil Procedure Code deals with summary procedure and the same is applicable to following classes of suits: (a) suits upon bills of exchange, hundies and promissory notes; (b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, …
Recently, in Anupam Ghosh vs. Faiz Mohammed 2022 LiveLaw (SC) 751 , the Supreme Court dismissed a Transfer Petition in which one off the grounds raised by the petitioners was that they are not getting a fair trial and the respondents being local bigwigs are able to influence the local Court. While dismissing the petition, the …
S 25 CPC – Transfer Petitions Casting Aspersions On Courts Read More »