Civil Procedure Code (CPC)

Kedari Vs Huzurabad Co- Operative Marketing Society

 23 July 2021

Appeal was barred under Section 96 of Civil Procedure Code as it was opposed as the suit agreement was admitted by the defendants and there was no dispute regarding the identity of the site agreed to sale and the amount of consideration.

Posted in Others |    0 comments |   59 hits


Madhao S/O Shrihari Deshpande Vs Madhav S/O Trimbak: The Court Has To Entertain The Suit So Filed, Even If The Part Of The Whole Dispute Is Under The Jurisdiction Of The Court

 23 July 2021

The Supreme Court held that the Court has to entertain the suit so filed, even if the part of the dispute, which was the subject matter of the dispute, is under the jurisdiction of the Court.

Posted in Others |    0 comments |   60 hits


State Of Andhra Pradesh Vs Chekka Guru Murali Mohan

 23 July 2021

The Supreme Court was listening to a plea by the Andhra Pradesh Government against the order of the Andhra Pradesh High Court that quashed the FIR against the Ministers and Government officials who were allegedly involved in the Amaravati land scam.

Posted in Others |    0 comments |   55 hits


M/S Jethanand And Sons Vs The State Of Uttar Pradesh: This Case Is Based On Article 133 Of The Constitution, Where Arbitration Awards Are Challenged

 23 July 2021

This Case Is Based On Article 133 Of The Constitution, Where Arbitration Awards Are Challenged

Posted in Others |    0 comments |   65 hits


Shiva Jute Baling Ltd. vs Hindley & Co. Ltd.: Appeal Under Article 136 Is Admitted Either By HC’s Under Order XLV, Rule 8 Of CPC Or By SC’s Order Thereunder

 23 July 2021

The Supreme Court affirmed that under Order XXXII, rule 9 of the Original Side Rules of the Calcutta High Court, an Appeal under Article 136 of the Constitution could be admitted either by order of the High Court under Order XLV, rule 8 of the CPC or

Posted in Others |    0 comments |   44 hits


New Okhla Industrial Development Authority And Ors Vs BD Singhal And Ors: The Jurisdiction Over A Matter Of Policymaking Lies In The Domain Of The Executive

 22 July 2021

The appeals by New Okhla Industrial Development Authority and the State of Uttar Pradesh raise the issue as to whether the High Court has transcended the limits of its power of judicial review.

Posted in Others 1 comments |   101 hits


Prem Lala Nahata Vs Chandi Prasad Simaria: A Plaint With Defects Of Misjoinder Of Parties Or Misjoinder Of Causes Of Action Cannot Be Barred By Law

 22 July 2021

A Plaint With Defects Of Misjoinder Of Parties Or Misjoinder Of Causes Of Action Cannot Be Barred By Law

Posted in Others |    0 comments |   190 hits


Jatan Kumar Vs Golcha Properties Ltd

 22 July 2021

Serving notice of summons is necessary and no order that affects the rights of a party should be heard without providing them with an opportunity to represent the case.

Posted in Others |    0 comments |   82 hits


State of Punjab vs Amar Singh Harika

 22 July 2021

An order of dismissal passed by the appropriate authority is not effective without proper enquiry and communication to the officer concerned.

Posted in Others |    0 comments |   89 hits


Baldevdas Shivlal Vs Filmistan Distributors Ltd: Every Order In The Suit Cannot Be Regarded As A Case Decided Within The Meaning Of S. 115 of CPC

 22 July 2021

The Supreme Court held that the High Court proceeded to decide matters on which the Trial Court had recorded no final decision, and that which could not be decided by the High Court until the parties had opportunity to lead evidence thereon.

Posted in Others |    0 comments |   69 hits


Bhagwanrao Mahadeo Patil Vs Appa Ramchandra Savkar: While Confirming Charge U/S. 304B IPC, Accused Cannot Be Discharged Under Section 306 IPC

 22 July 2021

While confirming the accusation, the Supreme Court stated that an accused cannot be discharged for an offence under Section 306 of the Indian Penal Code.

Posted in Others |    0 comments |   174 hits


Devika Soniraj Vs The Zonal Manager, Bank Of India: Banks Should Not Deny Educational Loan Citing Liabilities Of Student's Parents

 22 July 2021

The Kerala High Court recently ordered the Bank of India to disburse the petitioner's loan application on the grounds that she was a deserving student and that educational loan repayment options should not be based on the parents' financial situation

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Major S S Khanna Vs Brig F J Dillion: Decision Of Lower Court Is Amenable To The Revisional Jurisdiction Of The HC U/S. 115 Of CPC Unless Barred By A Special Law Or An Appeal Lies Therefrom

 20 July 2021

The High Court dismissed the appeal of the applicant stating that the decision given by the Trial Court, that the suits were not maintainable and yet keeping them pending, was itself an exercise of jurisdiction with a material irregularity.

Posted in Others |    0 comments |   244 hits


Madras Bar Association Vs UOI: Constitutional Validity Of The Tribunal Reforms (Rationalisation And Conditions Of Service) Ordinance And S. 184 And 186 (2) Of The Finance Act, 2017

 20 July 2021

The Madras Bar Association filed a writ petition before the Court challenging the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and Sections 184 and 186 (2) of the Finance Act, 2017 on the grounds that they were against

Posted in Others |    0 comments |   144 hits


Ram Sarup Vs Union Of India: Appeal As An Indigent Person After Dismissal Of Suit On A Merit Basis

 20 July 2021

The appellant was allowed to appeal as an indigent person after the suit had been dismissed on a merit basis. The order of the High Court passed on May 3, 1982, in C. M. No. 525 of 1981 was set aside and the appeal was accordingly allowed by the Supr

Posted in Others |    0 comments |   206 hits


Union Of India Vs Laxminarayanan

 20 July 2021

There is no justification in transferring a person from one quarter to another quarter of the same locality due to his/her promotion

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M D Ghouseuddin Vs Syed Riazul Hussai And Anr: Right To Summon Documents Has To Be Exercised When The Trial Is In Progress And Not When Trial Is Completed

 20 July 2021

The Supreme Court reversed the High Court judgement and restored the Trial Court order and held that the right to summon is available, and must be exercised during the trial proceedings and not after the trial gets completed.

Posted in Others |    0 comments |   92 hits


Madras Bar Association v. Union of India & Another, 2021 - Minimum Age Bar of 50 years is arbitrary

 20 July 2021

In his dissenting judgment, Justice Hemant Gupta has held the first, second and the third proviso to section 184(1) , the use of the expression -preferably- in section 184(7) and the proviso to section 184(11) as legal and valid, as such provisions f

Posted in Others |    0 comments |   137 hits


Satyadhyan Ghosal Vs Deorajin

 19 July 2021

The High Court set aside the order of the Munsif, dismissing an application, and remanded the case for disposal in accordance with the law.

Posted in Others |    0 comments |   136 hits


Elliot Vs Cline : Use Of Refutation To An Act Against The Defendant In Criminal Trial Is Unconstitutional

 19 July 2021

Use Of Refutation To An Act Against The Defendant In Criminal Trial Is Unconstitutional

Posted in Others |    0 comments |   135 hits






Updated on : 24/07/2021 07:13:02





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