The court held that there are two tests to be satisfied for determining the question of who is a necessary party. They are: 1. There must be a right to some relief against such party in respect of the controversies involved in the proceedings 2. No..
The Supreme Court dismissed the appeal. The jurisdiction of other courts has not been excluded in the contract...
The Three Judge Bench mentioned that the court has to take into consideration the outer limit for filing the counterclaim, which is pegged till the issues are framed. In such cases the Courts have the discretion to entertain filing of the counterclai..
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...
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..
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 t..
· Appeals were granted in the favour of the appellants. · The tax was ex facie violative of art 301, and civil courts do not have the jurisdiction...
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..
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..
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 expedient ..
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..
The court observed that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried...
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 My..
“Reading Sections 24 and 25 of the Code together and keeping in view various judicial pronouncements, certain broad propositions as to what may constitute a ground for transfer have been laid down by courts. They are balance of convenience or inconve..
By dismissing the petition, the Supreme Court stated that there is no provision in the Official Secrets Act and no such provision in any other statute has been brought to notice by which Parliament has vested any power in the executive arm of the gov..
The Three Judge Bench mentioned that the court has to take into consideration the outer limit for filing the counterclaim, which is pegged till the issues are framed. In such cases the Courts have the discretion to entertain filing of the counterclai..
The service of court notices by e-mail was extended in addition to the modes of service mentioned in the Supreme Court Rules. At that time, for time bring, the facility was extended to commercial litigation and for those cases where the Advocate(s)-o..
The court under section 20 of the Civil Procedure Code held that the Plaintiff has a choice of forum and can file a suit in a place where the cause of action arises and therefore, the High Court was not justified in upsetting the order of First Appel..
In a latest, landmark and laudable judgment titled Vinay Vats v. Fox Star Studios India Pvt. Ltd. & Anr. in I.A. 6351/2020 in CS(COMM) 291/2020 delivered on July 30, 2020, the Delhi High Court has reaffirmed that there can be no copyright in an idea/..
The SC declared that the insurance company is bound to pay the farmers the value of their goods stored in the cold storage as they are the beneficiaries and to meet the amount which the bank loaned to the farmers out of such payment...
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