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Judgments and Orders

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 |   3064 hits

Whether the wife of a disqualified heir claims for inheritance of estate of her deceased father-in-law

 18 September 2020

The case first went to the trial court, where it was held that all the properties are joint family properties of the deceased Ramasami Konar and his disqualified son, (The first defendant), but since he had murdered his father, he is not entitled to ..

Posted in Family Law |   2760 hits

The court defined principles for grant of temporary injunctions

 18 September 2020

The court held that whether there existed a concluded contract or not is a matter for trail to be decided on basis of evidence. In the present case, if the defendant claimed a concluded contract, it is on him to prove that there was a concluded agree..

Posted in Others |   892 hits

Grant of ad interim injunction

 18 September 2020

The Supreme Court decided to set aside Division Bench orders, giving Hammad Ahmed green light to temporarily run the affairs of Hamdard until the main suit is decided by the Delhi High Court. ..

Posted in Others |   1143 hits

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 |   937 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 |   911 hits

Case Analysis of: Rajendran and others vs Shanakr Sundaram and others

 16 September 2020

The appeal was dismissed, and order as to costs...

Posted in Others |   1197 hits

Profit on sale of investment by insurance companies not applicable to tax

 16 September 2020

AO was held to have erred in adding back the said loss in the computation of the Assessee's income...

Posted in Others |   895 hits

Purpose of Order 38 Rule 1 was decided

 16 September 2020

Court finds no force in the writ petition and it is dismissed...

Posted in Others |   2401 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 |   2839 hits

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

 15 September 2020

..

Posted in Civil Law |   1745 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 |   5125 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 |   3089 hits

Should the decree be set aside

 15 September 2020

Inherent powers are to be exercised by the Court in very exceptional circumstances for which the Code lays down no special procedures. Rule 4, Order 37 expressly gives power to a court to set aside a decree under the provisions of the Order. If the c..

Posted in Others |   750 hits

When is summary procedure used in a case filed under Tamil Nadu Buildings

 15 September 2020

The High Court allowed the civil revision petition and set aside the order of the appellate authority and confirmed the order of the Rent Controller...

Posted in Others |   1111 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 |   5253 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 |   969 hits

Security not to be demanded by govt, but decretal amount can be required to be deposited in the appeal against a money decree

 14 September 2020

Court has the power to direct for full or part deposit and/or to furnish security of the decretal amount. ..

Posted in Corporate Law 1 comments |   1808 hits

Authorization to present suits can only be given after a decision to institute a suit is taken by the board of directors of the company

 14 September 2020

The cover-notes remained in the office of the defendant and are not proved to have been given to the plaintiff, the contract between the parties cannot be held to be concluded...

Posted in Corporate Law |   1729 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 |   1175 hits







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