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Judgments and Orders

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 |   530 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 |   704 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 |   611 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 |   642 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 |   878 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 |   10871 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 |   4657 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 |   2164 hits

The respondents were neither necessary or proper party in the suit for specific performance

 27 August 2020

The court held that there are two tests to be satisfied for determining the question of who is a necessary party..

Posted in Taxation |   1188 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 |   2234 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 |   944 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 |   1147 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 |   958 hits

Transfer of criminal case from Bombay to Delhi

 27 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 Criminal Law |   1132 hits

Whether the Division Bench of the High Court was justified in allowing the appeal filed by the Plaintiffs and decreeing the suit

 26 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 |   843 hits

Whether the divorce decrees passed by foreign courts can be enforced under Section 13 of CPC by the courts in the country

 26 August 2020

Under Section 13 of CPC, a foreign judgment is not conclusive as to any matter thereby directly adjudicated upon between the parties if (a) it has not been pronounced by a court of competent jurisdiction; (b) it has not been given on the merits of th..

Posted in Others |   3248 hits

The civil court shall have jurisdiction to try all suits of a civil nature

 26 August 2020

The Supreme Court held that under Section 9 of the Code, the civil  court shall have jurisdiction to try all suits of a civil nature and one has the right to bring a suit of civil nature of one’s choice however frivolous the claim may be, unless it i..

Posted in Civil Law |   1223 hits

SC is empowered at any stage to transfer any suit, appeal or other proceeding if it is satisfied that such an Order is expedient for the ends of justice

 26 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 expedien..

Posted in Others |   999 hits

Whether the bar to proceed with trial against a subsequently suit under Section 10 of CPC applicable to a summary suit under Order 37 of CPC

 22 August 2020

The Supreme Court allowed the appeal. The impugned judgement of the division bench of HC was set aside and the order of the single learned Judge was restored. It was held that the objective of the prohibition in Section 10 is to prevent the courts fr..

Posted in Others |   1533 hits

Whether a written statement can be filed after 120 days by the Defendant in a commercial suit

 22 August 2020

The Supreme Court allowed the appeal. The impugned orders were set aside and the statements filed by the defendant were taken off record. It was held that the time period of 120 days is mandatory in nature subsequent to the amendment in Order VIII Ru..

Posted in Others |   807 hits







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