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..
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. ..
A Plaint With Defects Of Misjoinder Of Parties Or Misjoinder Of Causes Of Action Cannot Be Barred By Law..
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...
An order of dismissal passed by the appropriate authority is not effective without proper enquiry and communication to the officer concerned...
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. ..
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...
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..
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. ..
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..
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..
There is no justification in transferring a person from one quarter to another quarter of the same locality due to his/her promotion..
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...
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..
The High Court set aside the order of the Munsif, dismissing an application, and remanded the case for disposal in accordance with the law...
Use Of Refutation To An Act Against The Defendant In Criminal Trial Is Unconstitutional..
The Court shall not allow the written statement to be taken on record beyond 120 days in a commercial suit...
The High Court erred in law holding that the subsequent suit was based on a different cause of action and the Supreme Court set aside the judgement..
The Constitutional validity of the provisions of the SEBI (Mutual Funds) Regulations was upheld along with clarification on delegated legislation. Arbitrariness can be found even in delegated legislation if the powers delegated are excessive...
When can an ex parte decree be set aside under Order IX Rule 13, Civil Procedure Code 1908?..
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