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Judgments and Orders

XXXIII Order Rule 11 of Code of Civil procedure - Case Law

 14 September 2020

The Court held the Plaintiff to pay the Court fee by invoking Rule 10 & 11 from Order 33 of C.P.C. The court didn’t direct the defendant to pay the Court fee...

Posted in Corporate Law |   1409 hits

Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, Clause 13(3) - Case Law

 14 September 2020

The High Court ultimately held that such an application for eviction was maintainable. Hence the appeal to this Court Allowing the appeal and remitting the case back to the Rent Controller. ..

Posted in Constitutional Law |   1152 hits

The petitioner was criminally intimidated for giving his property

 14 September 2020

Petition dismissed due to lack of evidence by petitioner...

Posted in Constitutional Law |   890 hits

The Court very well defined the provisions of Order 37, Rule 4 even with reference to Order 9

 12 September 2020

Before declaring the Judgment the Court very well explained the provisions of Order 37, even with reference to Order 9. The Supreme Court held that, though appellant has shown sufficient cause for his absence on the date of passing ex parte decree, s..

Posted in Constitutional Law |   875 hits

When can a suit be instituted after delivering the notice under Section 80 of Civil Procedure Code,1908

 12 September 2020

The Supreme Court dismissed the appeal & upheld the decision of the HC. It held that a suit against a public officer of Government until and unless the statutory period of 2 months has expired after delivering the notice under Section 80 of CPC, 1908..

Posted in Constitutional Law |   1806 hits

Can a plaint be rejected under Order 7 Rule 11(d) CPC on the ground that the person who filed the suit had no authority and contravened Order 27 Rule 1 CPC

 12 September 2020

The High Court allowed the appeal & set aside the decree of the Trial Court. It observed that by virtue of the office, the Executive Engineer has the right to file a plaint to protect the interests of the Government as provided under Order 27 Rule 2 ..

Posted in Constitutional Law |   1166 hits

Is it necessary to implead the State in a suit if the relief is sought against the State

 12 September 2020

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Posted in Others |   673 hits

What are the principles governing the right to appeal in regards to the amendment in procedural law

 12 September 2020

The Supreme Court dismissed the appeal and upheld the right of the board to appeal in High Court as the right to appeal was available to the respondent at the time of initiation of the dispute before the amendment which wasn’t preserved thereof. ..

Posted in Constitutional Law |   821 hits

Supreme Court explained the relation between Order 33 and 44 and their concerned Rules in the suit

 12 September 2020

In SC's opinion the plaintiff was entitled to file an application/appeal under Order 44 Rule 1 of the Code and seek permission from the Appellate Court to allow him to file an appeal as an indigent person. The dismissal of the application made under ..

Posted in Constitutional Law |   1442 hits

When can a third party file an appeal against a judgement

 12 September 2020

The Supreme Court dismissed the appeal on the grounds that the appellants are neither the aggrieved party nor bound by the judgement of Trial court or HC ..

Posted in Others |   2102 hits

Order IX Rule 13 of Code of Civil Procedure - Case Law

 12 September 2020

The Supreme Court decreed the appeal filed by the Appellant and condoned his delay of 546 days in filing the First appeal. ..

Posted in Constitutional Law |   970 hits

Section 96 of Code of Civil Procedure - Case Law

 12 September 2020

The Honorable Supreme Court pointed out the mistake made by the Trial Court and the High Court and gave a judgment setting aside the decree passed by the High Court...

Posted in Constitutional Law |   1880 hits

Whether the wife has established that the husband is guilty of adultery

 11 September 2020

After referring to all the evidences of adultery and cruelty, the husband was declared guilty of adultery and cruelty. The cruelty which entitles her to a judicial separation, even if he was not guilty of adultery. The manner in which the husband had..

Posted in Family Law 1 comments |   1164 hits

When can a conduct of a spouse be considered as cruelty to seek divorce under Hindu Marriage Act, 1955

 11 September 2020

The Supreme Court allowed the appeal & withheld the decision of HC in not granting divorce. The court observed that the constant nagging & inappropriate behavior of the wife has certainly caused mental agony to the husband which amounts to cruelty. ..

Posted in Family Law |   1718 hits

When can desertion by one spouse be justified to refuse grant of divorce to the other spouse

 11 September 2020

The Supreme Court dismissed the appeal. It was observed by the court that the reason for the wife living separately from her husband is justified based on the wrongs done by the husband. Also, the wife is ready to live with him on a reasonable condit..

Posted in Family Law |   758 hits

Section 29 of the state financial corporations act, 1951 - Case Law

 11 September 2020

The appeal was allowed and the judgment was set aside as the High Court was wrong in it's decision. ..

Posted in Others |   1190 hits

Order 11 Rule 1 & 4 of Civil Procedure Code - Case Law

 11 September 2020

It was held that the court below has not rightly interpreted the Order prescribed in CPC related to the Interrogatories, the application rejected was one and only a single ground of interrogatories. The Court below has not even checked the relevance..

Posted in Others |   1009 hits

Analysis of para 18 & 19 of CPC

 11 September 2020

MGG said that BOCL wanted to borrow money from a bank &MGG wanted to be a guarantor on those shares. ..

Posted in Others |   605 hits

There was a disagreement as to the correct framing of issues in the election petition

 11 September 2020

The respondent is guilty of the alleged corrupt practices under RPA Act...

Posted in Others |   524 hits

Section 151, Order 18 Rule 1, 2 & 17 - Case Law CPC

 11 September 2020

The Court stated that the Defendant-Petitioner has acted in a manner to cause colossal insult to justice and to the concept of speedy disposal of civil litigation. ..

Posted in Others |   1171 hits