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Others Judiciary

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 |   463 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 |   354 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 |   929 hits

Supreme Court held that Order 11, Rule 21 should be invoked in extreme situations as the last resort

 11 September 2020

The penalty imposed under Order 11, Rule 21 is of high penal nature and should be used only in extreme cases and should no way be imposed unless there is a clear failure to comply with the obligations. It should be applied only in extreme contumacy o..

Posted in Others |   1571 hits

Can the petitioners/appellants be declared as indigent persons

 10 September 2020

Before declaring the Judgment the Court carefully explained the term indigent as mentioned under Rule 1 Order 33 of CPC. Apart from the said immovable properties, the petitioners owned 450 grams of gold jewels and properties valued more than Rs.1000/..

Posted in Others |   569 hits

Section 23-J of Madhya Pradesh Accommodation Control Act, 1961 - Case Law

 10 September 2020

The Supreme Court of India rejected the order of High Court and gave sanction to the claim of appellant...

Posted in Others |   1002 hits

Central Provinces and Berar Letting of Houses and Rent

 10 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 Others |   516 hits

The Court should fix the amount of maintenance after considering all the circumstances of the parties. No particular amount can be fixed by the Act as the amount may differ from case to case

 10 September 2020

No particular amount for maintenance can be fixed by the Act as the amount may differ from case to case. The Courts have to fix the amount of maintenance considering all the circumstances of both the parties...

Posted in Others |   505 hits

SC on withdrawing case from HC

 08 September 2020

In the judgment of the case – Sunil Rathee & others v. The State of Haryana & Others, delivered on July 23, 2020, the Supreme Court has explained two conditions, based on which the Apex-Court can withdraw a case from a High Court to itself, exercisin..

Posted in Others |   622 hits

Order 1 Rule 10 & Order 6 Rule 10 Of Code Of Civil Procedure - Case Law

 07 September 2020

The petition was dismissed as there was no merits in the review petition...

Posted in Others |   583 hits

[Lower Berth Allotment] Give Highest Priority To Pregnant Women, Then To Senior Citizens And Thereafter to The VVIPs

 05 September 2020

In a well-balanced, well-reasoned, well-analysed and well-worded judgment, a two Judge Bench of the Principal Bench at Jabalpur of Madhya Pradesh High Court comprising of Justice Sanjay Yadav and Justice Atul Sreedharan in its judgment titled In Re..

Posted in Others |   662 hits

Bombay HC Orders Television Channels Maha Movie And Manoranjan TV To Abstain From Broadcasting Zee Owned Films Jung And Kartavya

 05 September 2020

It has to be stated right at the outset that in a major and significant development, the Bombay High Court in a recent, remarkable and righteous decision titled “Zee Entertainment Enterprises Limited Vs Teleone Consumer Product Pvt. Ltd. & Ors.” in ..

Posted in Others |   641 hits

When can a third party file an appeal against a judgement

 04 September 2020

"Section 96 and 100 of the Code of Civil Procedure provide for preferring an appeal from any original decree or from decree in appeal respectively. The aforesaid provisions do not enumerate the categories of persons who can file an appeal. However, i..

Posted in Others |   4923 hits

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

 04 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 Others |   904 hits

Section 17, Order 2 Rule 2 Case Law CPC

 03 September 2020

The Court first clarified the word "property" used in Section 17 and held that it includes properties. The court reiterated that interpretation of word "portion of the property" cannot only be understood in a limited and restrictive sense of being po..

Posted in Others |   2190 hits

Section 10 of Carriers Act - Case Law

 03 September 2020

By examining the case, the High Court reversed it’s decision on the judgment which was already given by the Trial Court, stating that the Learned trial court interpreted Section 10 wrongly, as the plaintiff has taken all measures in issuing letters a..

Posted in Others |   818 hits

The High Court should not have entertained the second appeal filed

 03 September 2020

The Supreme Court dismissed the appeal and upheld the decision of the High Court that the civil court didn’t have the territorial  jurisdiction to try the said suit...

Posted in Others |   528 hits

File a suit where the property is situated

 03 September 2020

Delhi High court didn’t have the jurisdiction and the appeal is dismissed...

Posted in Others |   961 hits

The High Court should not have entertained the second appeal filed

 03 September 2020

The court held that the High court should not have shown indulgence of such magnitude by adjourning the matter when the counsel for the appellant was not present. It is difficult to envision why the Court directed fresh notice to the appellant when t..

Posted in Others |   603 hits

Begging Before Someone To Stand As Surety Comes At Cost Of Pride, Accused Shall Be Allowed To Furnish Cash Deposits For Getting Bail

 02 September 2020

In a well-balanced, well-reasoned, well-analysed and well-articulated judgment, the Himachal Pradesh High Court in Abhishek Kumar Singh vs. State of Himachal Pradesh in Cr.MP(M) No. 1017 of 2020 delivered on July 30, 2020 has made it absolutely cle..

Posted in Others 1 comments |   675 hits