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Civil Law Judgments and Orders

Maintainability of Special Leave Petition while challenging the validity of a will

 18 July 2023

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Posted in Civil Law |   875 hits

Prosecution asserts that the appellant caused grievous hurt to 8th grader- SC sentences him to two years in prison under Section 338 of IPC after finding his actions irresponsible and careless

 15 July 2023

The SC decided that by failing to check for passenger boarding before signalling the driver, the appellant acted carelessly and negligently. According to Section 338 of the IPC, the offence carries a sentence of up to two years in prison...

Posted in Civil Law |   903 hits

High Court not justified in 50% deduction towards personal expenses of a survivor with permanent disability to work and earn, says SC

 12 July 2023

Court considered the fatal injuries suffered by the appellant requiring an attendant and awarded compensation of Rs.10,80,000 towards attendant charges...

Posted in Civil Law |   832 hits

Order 39 Rule 1, Section 115 of Code of Civil Procedure - Case Law

 21 September 2020

The impugned order passed by High Court was set aside and the previous judgments of the lower courts were validated...

Posted in Civil Law |   2655 hits

Order 38 Rule 5 of Code of Civil Procedure - Case Law

 15 September 2020

Honorable Supreme Court read Order 38 Rule 5 of C.P.C carefully and reversed the judgment given by the High Court...

Posted in Civil Law |   2390 hits

Order 38 Rule 5 of Code of Civil Procedure - Case Law

 15 September 2020

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Posted in Civil Law |   1504 hits

Order 14 Rule 5 of Code of Civil Procedure - Case Law

 15 September 2020

The Court once again read the provisions, Order 14 Rule 1 and Order 14 Rule 5 under C.P.C. The court after referring the provisions stated that the court can amend issues at any stage of the suit which my be out of necessity to determine the controve..

Posted in Civil Law |   4593 hits

Whether a court can order for the attachment of property which is outside its jurisdiction as per the Civil Procedure Code,1908

 15 September 2020

The High Court dismissed the revision. It was observed that the court has full authority to order the attachment of property which is outside its jurisdiction as laid down in the rules of CPC...

Posted in Civil Law |   4535 hits

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

 10 September 2020

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

Posted in Civil Law |   1275 hits

What are the requisites for allowing discovery of documents in a civil suit

 03 September 2020

The High Court set aside the order of the learned single judge. The court observed that the respondent had filed a case seeking permanent injunction so they need to stand on their own instead of discovering the documents about the ownership title of ..

Posted in Civil Law |   974 hits

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

 29 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 is..

Posted in Civil Law |   2454 hits

Civil Appeal No: 4958-60 in Special Leave Petitions-Case Law

 29 August 2020

It was held that judged from the above angle, clause (68) of the 1934 Constitution cannot be said to be a fair one, in as much as the said clause provided for representation Parish Church wise. We took note of the contention urged on behalf of the Pa..

Posted in Civil Law |   2870 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 |   977 hits

The admission of guilt in criminal case would be admissible in civil suit

 20 July 2020

The court held that in terms of the provision under Section 43 of the Evidence Act, the judgment in a criminal case shall be admissible provided it is a relevant fact in issue, and its admissibility otherwise is limited. It was held that a civil proc..

Posted in Civil Law |   1757 hits

Civil proceedings as well as criminal proceedings are required to be decided on the evidence

 20 July 2020

In this case, the Supreme Court held that civil proceedings as well as criminal proceedings are required to be decided on the evidence, which may be brought on record by the parties...

Posted in Civil Law |   1724 hits

The previous judgment of a criminal proceeding would not be binding on a civil suit

 20 July 2020

The court held that under the principle laid down under section 40 of the evidence act would only be applicable if the suit is found to be barred by the principle of res judicata or by reason of the provisions of any other statute and it does not lay..

Posted in Civil Law |   1699 hits

Whether citizens enjoy a fundamental right to trade or carry on business in liquor under Article 19(1)(g) of the Constitution

 01 July 2020

Upon hearing the parties to the case, the Court held that, Article 19(1)(g) does not entitle citizens to carry on trade or business in activities which are immoral and criminal and in articles or goods which are obnoxious and injurious to health, saf..

Posted in Civil Law |   2462 hits

Question of law can be brought before SC at any stage

 13 April 2020

In a recent judgment in K Lubna v Beevi, the Supreme Court (SC) upheld that a pure question of law can be examined at any stage even before the SC if the foundation of the fact has already been laid. The examination of the legal consequences of such ..

Posted in Civil Law |   2567 hits

SC: Landmark judgment on jurisdiction in cheque bounce cases

 12 August 2014

The Supreme Court bench comprising of Justices T.S. Thakur, Vikramajit Sen and C. Nagappan held that a complaint of a bounced cheque must be only filed at the place of dishonour of cheque Justice T.S Thakur wrote a separate but concurrent opinion an..

Posted in Civil Law 6 comments |   13335 hits

SC constitutes a Committee on road safety

 23 April 2014

The bench comprising of Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice N.V. Ramana in a Writ Petition filed under Article 32 of the Constitution has appointed a three-member committee to monitor the Central and State Governments on i..

Posted in Civil Law 1 comments |   3878 hits