LANDMARK JUDGEMENTS: CPC CPC- Lecture 3 - 26th August- Case Analysis of all the recent and landmark judgements relating to Code of Civil Procedure, 1908 ..
LANDMARK JUDGEMENTS: CPC CPC- Lecture 2- 25th August- Case Analysis of all the recent and landmark judgements relating to Code of Civil Procedure, 1908 ..
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...
The Supreme Court dismissed the appeal. The jurisdiction of other courts has not been excluded in the contract. ..
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..
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..
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..
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..
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..
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..
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..
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..
As far as the first concerned was raised that whether the case should be tried by the civil court or the revenue court, the Bench took the reference of Section 230, Agra Tenancy Act of 1926, which states that all suits which fall within the purview o..
The Bombay High Court contended that the mere fact that the summons in the criminal case was served upon the plaintiff at a particular place would not confer jurisdiction upon the Court of the place where such service was affected. In this view of th..
The Supreme Court allowed the appeal. It was observed that the delay in process of serving notices has resulted into arrears in courts. Therefore, it was ordered that notices can be served by e-mail. This facility was provided in commercial cases and..
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Just recently, a three Judge Bench of the Supreme Court in North Delhi Municipal Corporation Vs Kavinder and Others in Civil Appeal No. 232 of 2020 delivered on July 21, 2020 has observed that Master of Business Administration (MBA) degree is not eq..
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...
Mr. Rakesh Dwivedi, Sr. Advocate, appearing on behalf of the appellants has contended that having regard to the circumstances of the case, the High Court was not justified in passing the decree against the appellants...
The court held that summons have to be issued to the petitioner on whose petition the order for winding up was made. It is implicit that if the directions which have to be given by the court would affect any person prejudicially hemust be served with..
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