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Others Judiciary

Appeal of wrongful sales tax taken,under Sec 80 of CPC

 29 August 2020

· Appeals were granted in the favour of the appellants. · The tax was ex facie violative of art 301, and civil courts do not have the jurisdiction...

Posted in Others |   884 hits

Competent Authority Calcutta, vs. David Mantosh and Ors. On 26 February, 2019

 29 August 2020

Supreme Court considered the view that the jurisdiction of the Civil Courts to try the civil Suits with respect to the lands, which were subjected to ceiling proceedings under the Act, are held to be impliedly barred, since the Act excludes the juris..

Posted in Others |   852 hits

SC is empowered at any stage to transfer any suit, appeal or other proceeding

 29 August 2020

The Supreme Court is empowered at any stage to transfer any suit, appeal or other proceeding from a High Court or other Civil Court in one State to a High Court or other Civil Court of another State if it is satisfied that such an Order is expedient ..

Posted in Others |   776 hits

Maneka Sanjay Gandhi and Anr vs. Rani Jethmalani on 23 November, 1978

 29 August 2020

The court observed that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried...

Posted in Others |   4420 hits

A foreign Court has jurisdiction to deliver a judgment in rem which may be enforced or recognized in an Indian Court

 29 August 2020

A foreign Court has jurisdiction to deliver a judgment in rem which may be enforced or recognised in an Indian Court provided that the subject matter of the action is property,whether movable or immovable within the jurisdiction of that court. The My..

Posted in Others |   3413 hits

Kulwinder Kaur v. Kandi Friends Education Trust

 29 August 2020

“Reading Sections 24 and 25 of the Code together and keeping in view various judicial pronouncements, certain broad propositions as to what may constitute a ground for transfer have been laid down by courts. They are balance of convenience or inconve..

Posted in Others |   2584 hits

Section 3, 5 of Official Secrets Act, Section 8(1) and 8(2) of RTI Act, Section 123 of the Indian Evidence Act Case Law

 29 August 2020

By dismissing the petition, the Supreme Court stated that there is no provision in the Official Secrets Act and no such provision in any other statute has been brought to notice by which Parliament has vested any power in the executive arm of the gov..

Posted in Others |   430 hits

Hon'ble Chief Justice of India looked into the matter and gave the final judgement on the basis of merit of the case

 29 August 2020

The Three Judge Bench mentioned that the court has to take into consideration the outer limit for filing the counterclaim, which is pegged till the issues are framed. In such cases the Courts have the discretion to entertain filing of the counterclai..

Posted in Others |   299 hits

The Supreme Court extended the service of court notices by e-mail

 29 August 2020

The service of court notices by e-mail was extended in addition to the modes of service mentioned in the Supreme Court Rules. At that time, for time bring, the facility was extended to commercial litigation and for those cases where the Advocate(s)-o..

Posted in Others |   342 hits

The High was not justified in upsetting the order of the First Appellate Court and the Plaintiff has a choice of forum to file the suit

 29 August 2020

The court under section 20 of the Civil Procedure Code held that the Plaintiff has a choice of forum and can file a suit in a place where the cause of action arises and therefore, the High Court was not justified in upsetting the order of First Appel..

Posted in Others |   547 hits

Delhi HC Rejects Scriptwriters Plea For Injunction On Release Of Film Lootcase On Hotstar

 29 August 2020

In a latest, landmark and laudable judgment titled Vinay Vats v. Fox Star Studios India Pvt. Ltd. & Anr. in I.A. 6351/2020 in CS(COMM) 291/2020 delivered on July 30, 2020, the Delhi High Court has reaffirmed that there can be no copyright in an idea/..

Posted in Others |   376 hits

Consumer includes Beneficiaries of Insurance Policy

 29 August 2020

The SC declared that the insurance company is bound to pay the farmers the value of their goods stored in the cold storage as they are the beneficiaries and to meet the amount which the bank loaned to the farmers out of such payment...

Posted in Others |   440 hits

In what circumstances the transfer of suit is allowed under CPC

 28 August 2020

The Supreme Court allowed the appeal & set the impugned orders...

Posted in Others |   595 hits

CPC - Lecture 3: Case Analysis of all the recent and landmark judgments relating to Code of Civil Procedure, 1908

 28 August 2020

LANDMARK JUDGEMENTS: CPC CPC- Lecture 3 - 26th August- Case Analysis of all the recent and landmark judgements relating to Code of Civil Procedure, 1908 ..

Posted in Others |   9310 hits

CPC- Lecture 2: Case Analysis of all the recent and landmark judgments relating to Code of Civil Procedure, 1908

 28 August 2020

LANDMARK JUDGEMENTS: CPC CPC- Lecture 2- 25th August- Case Analysis of all the recent and landmark judgements relating to Code of Civil Procedure, 1908 ..

Posted in Others |   3859 hits

Whether legal representatives of deceased party can be impleaded under Order 1 Rule 10 CPC when application under Order 22 Rule 4 was dismissed

 28 August 2020

The Supreme Court allowed the appeal and dismissed the impugned judgement of HC. There is no bar to file an application under Order 1 Rule 10 when application under Order 22 Rule 4 has been dismissed...

Posted in Others |   1704 hits

Where can a suit arising out of a contract be filed

 27 August 2020

The Supreme Court dismissed the appeal. The jurisdiction of other courts has not been excluded in the contract. ..

Posted in Others |   1831 hits

The time for filing the written statement by the appellant could not be extended

 27 August 2020

It was held by the court that the time for filing the written statement could not be extended as nothing prevented the appellant from filing the written statement through counsel or in person. He has, thus, failed to give any cogent reason for the de..

Posted in Others |   642 hits

SC discussed a large number of cases, overruled some and clarified the issue of acquisition of title by adverse possession by the plaintiff in its judgment

 27 August 2020

The Supreme Court overruled some judgments which did not lay down the law correctly and held that plea of acquisition of title by adverse possession can be taken by plaintiff under Article 65 of the Limitation Act and there is no bar under the Limita..

Posted in Others |   811 hits

A foreign Court has jurisdiction to deliver a judgment in rem which may be enforced or recognized in an Indian Court

 27 August 2020

A foreign Court has jurisdiction to deliver a judgment in rem which may be enforced or recognised in an Indian  Court provided that the subject matter of the action is  property, whether movable or immovable within the jurisdiction of that Court. The..

Posted in Others |   740 hits