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Constitutional Law Judiciary

Marriage is void under Section 11 of Hindu Marriage Act, if spouse is living

 16 September 2020

The marriage of a woman in accordance with the Hindu rites with a man having legal spouse, after coming into force of HMA is a complete nullity in the eye of law and she is not entitled to the benefit of Section 125 of CrPC..

Posted in Constitutional Law |   335 hits

Supreme Court upheld the decision given by the High Court, and declared the decision given by the trial court to be unjustified

 16 September 2020

The High Court on a reasonable assessment of the situation, rightly came to the conclusion that the requisite degree of the mental-disorder which alone would justify dissolution of marriage has not be established and the decree of dissolution of marr..

Posted in Constitutional Law |   300 hits

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

 15 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 |   317 hits

Govt pleader shall be the agent of the govt to receive process by court

 14 September 2020

Landlord does not have the right to give eviction orders at any of the branches of the government’s postal service...

Posted in Constitutional Law |   221 hits

Whether the rigorous procedure of CPC applicable on the proceedings before the Administrative Tribunals

 14 September 2020

The High Court dismissed the writ petitions and upheld the decision of the Administrative Tribunal regarding the maintainability of the original applications. The Code of Civil Procedure cannot be applied to the proceedings before the Administrative ..

Posted in Constitutional Law |   194 hits

Definition of Partnership, Partner, Firm and Firm Name

 14 September 2020

In this judgement, CPC does not apply to HRC orders ..

Posted in Constitutional Law |   196 hits

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

 14 September 2020

The Supreme Court allowed the appeal & set aside the judgement of HC given in second appeal. ..

Posted in Constitutional Law |   182 hits

Court has discretion to extend the time for filing written statement if it’s reasonable

 14 September 2020

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Posted in Constitutional Law |   188 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 |   235 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 |   155 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 |   240 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 |   315 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 |   313 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 |   211 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 |   240 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 |   256 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 |   364 hits

Judicial persons are included in the word persons under Order 33, Rule 1 of CPC

 10 September 2020

Before declaring the judgment the court very well explained the provisions under Order 33 before and after the amendment. It referred several cases as well. It finally held that, person refers to one who is capable of filing a suit and Order 33 being..

Posted in Constitutional Law |   1179 hits

Order 30 Rule 3 - Case Law

 10 September 2020

High Court gave a new judgment setting aside the order passed by the Trial Court considering the claims of the appellant. ..

Posted in Constitutional Law |   212 hits

Who is Hindu for the application of Hindu Marriage Act,1955

 10 September 2020

The Supreme Court dismissed the appeal & upheld the decision of HC...

Posted in Constitutional Law |   288 hits






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