6 years, 1 month ago

Section 115 CPC: Revision Petition Not Maintainable Against Interlocutory Orders, Reiterates SC [Read Judgment]

Live Law

The Supreme Court has reiterated that revision petitions filed under Section 115 of the Code of Civil Procedure are not maintainable against interlocutory orders. The interlocutory application filed under Order 39 Rule 1 CPC was dismissed by Trial Court holding that the relief asked for could not be granted as it would amount to decreeing the Suit itself. In the revision petition filed under Section 115 CPC, the High Court set aside the concurrent findings of fact and allowed it. The bench observed that the 1999 amendment to the CPC added a proviso Section 115 which reads: Provided that the High Court shall not, under this Section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings.

Judgment Court Order Revision Cpc Revision Petition Section 115 Suit Filed 115 Cpc Section 115 Cpc court revision read sc order bench suit filed reiterates maintainable cpc orders 115 interlocutory judgment petition

History of this topic

1 week, 4 days ago

O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has reaffirmed that a Commissioner for local investigation under Order 26 Rule 9 of the Civil Procedure Code can only be appointed when the evidence before the trial court is inconclusive and requires clarification. The petitioner's counsel, Mr. Ankush Manhas, contended that the trial court had erred in appointing a Commissioner under …

2 weeks, 2 days ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 01 to 09]

Live Law

Supreme Court Weekly Digest March 2025 274 to 2025 LiveLaw 297) Advocate Advocate-Client Relationship - Undertakings given by advocates must be with the client's express authorization. 4 SCC 307, Lavanya C v. Vittal Gurudas Pai, 2025 LiveLaw 290 Code of Criminal Procedure, 1973 Section 319 and 401 - Summoning Additional Accused - Revisional Jurisdiction - Relation Back - Trial Court's …

1 month ago

Supreme Court Monthly Digest- January 2025

Live Law

Adalat Refund court fees - The petitioner sought a refund of court fees paid in the trial court, first appellate court, and second appellate court after the High Court decided the second appeal based on an amicable settlement between the parties. Jage Ram v. Ved Kaur, 2025 LiveLaw 138 Aircraft Act, 1934 Section 12B - Investigation by Local Police - …

1 month, 2 weeks ago

Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court

Live Law

The Supreme Court held that if an appeal abates due to the failure to substitute legal heirs, filing a substitution application under Order XXII Rule 4 CPC eliminates the need for a separate application to set aside the abatement. “When an application praying for substitution had been made, then, even assuming that it does not have an explicit prayer for …

2 months, 3 weeks ago

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court

Live Law

The Delhi High Court has made it clear that a Commissioner under the Central Goods and Services Tax Act 2017 cannot, in purported exercise of its powers under Section 107, sit in appeal over an order passed by the Appellate Authority. A division bench of Justices Yashwant Varma and Dharmesh Sharma ruled, “The Commissioner, while seeking to review an order …

2 months, 3 weeks ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

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2 months, 3 weeks ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law

2 months, 3 weeks ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. While reiterating the position of law that the question of limitation is a mixed question of fact and law and the question for rejecting the plaint on that has to be decided after weighing the evidence on record, a …

2 months, 3 weeks ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. The Appellants sought rejection of the said plaint by filing an application under Order VII Rule 11 of the Civil Procedure Code, 1908 on grounds that the suit was barred by limitation. However, the trial Court erroneously dismissed the …

3 months ago

KCR, Harish Rao get relief as HC suspends lower court’s order allowing revision case against them

The Hindu

Former Chief Minister K. Chandrasekhar Rao of BRS and his former Cabinet colleague T. Harish Rao got relief with the Telangana High Court on Tuesday suspending the order of the Principal Sessions Judge of Jayashankar district allowing a criminal revision petition against them. The judge issued notice to Nagavelli Rajalingamurthy of the district, who filed a private complaint with a …

3 months ago

Court Issues Summons, KCR and Harish File Quash Petitions Against Lower Court Orders

Deccan Chronicle

Hyderabad: BRS president and former chief minister K. Chandrashekar Rao and former minister T. Harish Rao approached the Telangana High Court on Monday, challenging the summons for appearance by the Principal Sessions Court at Bhupalpally in a case that was registered based on a private complaint over damage caused to Medigadda barrage and misappropriation of public money. Apprehending that the …

3 months, 3 weeks ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

4 months ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

4 months, 2 weeks ago

Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC

Live Law

The Allahabad High Court recently observed that a review is permissible only when an error is apparent on the face of the record without requiring a long-drawn process of reasoning and reappraisal of the entire evidence to find the error, as doing so would amount to exercising appellate jurisdiction. In this regard, the Court referred to Top Court's judgments in …

4 months, 2 weeks ago

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court

Live Law

The Supreme Court observed that when a party seeking appointment of an arbitrator unconditionally withdraws its application, then the subsequent application for an appointment of an arbitrator on the same cause of action would be barred.The bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala ruled that Order 23 Rule 1 of Civil Procedure Code, 1908 would be. The …

7 months ago

Only CPC Provisions Mentioned In RERA Act Apply To RERA Proceedings, Remaining Provisions Intentionally Excluded By Legislature: HP High Court

Live Law

Addressing the extent to which the provisions of the Code of Civil Procedure, 1908, apply to proceedings before the Real Estate Regulatory Authority, the Himachal Pradesh High Court has ruled that only those provisions of the CPC explicitly mentioned in the Real Estate Act, 2016, apply to RERA proceedings, while other provisions were intentionally excluded by the Legislature. Adjudicating a …

8 months ago

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court

Live Law

Emphasising the importance of the nature of issues in civil suits the Jammu and Kashmir and Ladakh High Court has ruled that its not the nature of relief being sought but the nature of issues which are involved in the two suits that are crucial to attract applicability of Section 10 of the CPC A bench comprising Justice Sanjay Dhar …

8 months, 1 week ago

O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court

Live Law

Quashing an ex parte judgment passed by the 4th Additional District Judge, Srinagar, in a case where the defendant was not served with a summons for judgment the Jammu and Kashmir and Ladakh High Court has ruled that a defendant is only obligated to apply for leave to defend a suit after being served with a summons for judgment. Clarifying …

8 months, 3 weeks ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

10 months, 2 weeks ago

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court

Live Law

The Supreme Court held that an omission to frame points of determination by the first appellate court as per Order 41 Rule 31 of the Code of Civil Procedure, 1908 would not prove fatal as long as that first appellate court dealt with all the issues that arise for deliberation in the said appeal.“Thus, even if the first appellate Court …

10 months, 2 weeks ago

Ambiguities In Uploading Of NCLT Orders, Requirement Of Enclosing Certified Copies With Appeal : Supreme Court Seeks IBBI Clarification

Live Law

The Supreme Court issued notice to the Insolvency and Bankruptcy Board of India, inter-alia, on the requirement to obtain a certified copy of the order and attach the same with the appeal. The Bench of Justices Sanjiv Khanna and Dipankar Datta has issued notice considering that there is “considerable ambiguity” in certain issues concerning the service of the orders passed …

11 months, 1 week ago

Arbitral Award Can't Be Challenged U/S 47 CPC In Execution Proceedings: Allahabad High Court Imposes ₹5 Lakh Cost On State

Live Law

The Allahabad High Court has imposed a cost of Rs. Courts must ensure that objections pertain solely to matters concerning execution, discharge, or satisfaction of the decree and do not encroach upon substantive rights or legal issues beyond the decree's scope.” The Court held that frivolous objections filed under Section 47 CPC must be dealt with strongly. and Sanjay Agarwal …

11 months, 2 weeks ago

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has recently cautioned against using Order 38 Rule 5 of the Civil Procedure Code as a tool to coerce defendants or convert unsecured debts into secured ones. The provisions of Order 38 Rule 5 being stringent in nature are to be construed strictly without being used as a lever for a plaintiff …

1 year ago

Transfer Of Govt Employee Not Vitiated Merely Because It Was Issued At Instance Of MLA : Supreme Court

Live Law

The Supreme Court on Wednesday observed that the interference by the court in an order of transfer at the instance of a state employee holding a transferrable position without any violation of statutory provision is impermissible. Reversing the findings of the High Court's Division Bench, the Bench Comprising Justices J.K. Maheshwari and Sanjay Karol, while restoring the findings of the …

1 year ago

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application

Live Law

The Delhi High Court bench comprising Justice Manoj Kumar Ohri held that the Section 9 application under Arbitration and Conciliation Act, 1996 cannot act as res judicata for Section 17 application when the withdrawal of Section 9 application is conditional between the parties. Feeling aggrieved, DTC approached the Delhi High Court and filed Section 37 application challenging this order, asserting …

1 year ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

1 year, 1 month ago

Can't Raise Objections U/S 47 Of CPC In Execution Proceedings For The Enforcement Of Award, S. 34 Of A&C Must Be Availed: Allahabad High Court

Live Law

The Allahabad High Court single bench of Justice Alok Mathur held that the objections under Section 47 of the CPC are not maintainable in execution proceedings for the enforcement of an arbitration award. It held that the revisionist should have challenged the award under Section 34 of the Arbitration Act and that objections under Section 47 of CPC were not …

1 year, 2 months ago

[Intra-Court Appeal] Single Bench Not A Court Subordinate To Division Bench, Matter Decided On Merits Can't Be Remitted Back: Karnataka HC

Live Law

The Karnataka High Court has said that in an intra-court appeal, the division bench of the high court in its jurisdiction under Article 226 of the Constitution cannot remit a matter back to the single judge bench if it has been decided on merits. Justice Nagaprasanna said, “Remand, in the normal circumstances, except those considered by the Full Bench, even …

1 year, 2 months ago

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court

Live Law

A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse of proceedings …

1 year, 3 months ago

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13 : Supreme Court

Live Law

The Supreme Court recently held that a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 is not maintainable against the dismissal of an application field under Order IX Rule 13 of the CPC to set aside an ex-parte decree “When there is an express provision available under the CPC or any statute under which an …

1 year, 3 months ago

Persons Not Affected By Order Challenged In Revision Petition Not Necessary Parties, Cannot Seek Recourse To Section 401(2) CrPC: Delhi HC

Live Law

While dealing with a plea filed by M/s Bennett Coleman, Justice Amit Sharma of the Delhi High Court recently observed that the words “other persons” under Section 401 CrPC cannot be construed as wide enough to include persons not affected by the order challenged in the revision petition. The petitioners' counsel argued that the words 'accused' or 'other person' in …

1 year, 3 months ago

Order 41 Rule 17 CPC - Appeal Can't Be Dismissed On Merits If Appellant Fails To Appear; To Be Dismissed For Non-Prosecution : Supreme Court

Live Law

The Supreme Court stated that if the appellant does not appear when the appeal is called for a hearing, then the same can be dismissed for non-prosecution and not on merits. - Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.” The Bench of Justices BV Nagarathna and Justice Ujjal Bhuyan, …

1 year, 4 months ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

1 year, 4 months ago

Deemed The Second Petition As Not Maintainable When It Could Have Been Presented During The Filing Of First Petition

Live Law

The Supreme Court on Monday held that a second petition under Section 482 Criminal Procedure Code, 1973 on grounds that were available for challenge even at the time of filing of the first petition would not be maintainable.A bench of Justice C T Ravikumar and Justice Sanjay Kumar observed that even though there is no absolute bar on a second …

1 year, 5 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

1 year, 5 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law

1 year, 5 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law

1 year, 5 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law

1 year, 5 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law

1 year, 5 months ago

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has held that the dismissal of the appeal by the appellate court solely due to the late submission of the certified copy of the order was not legally sustainable and amounted to a failure of justice. However, the appellate court dismissed the appeal holding that the certified copy of the impugned order …

1 year, 7 months ago

Applications Filed For ‘Clarification/Addition’ While Evading The Recourse Of Review, Should Be Discouraged: Supreme Court

Live Law

The Supreme Court observed that 'applications' filed on the pretext of ‘clarification/addition’ while evading the recourse of review, ought not to be entertained and should be discouraged. "Any alternation or addition to a judgment pronounced by Court can be made only to correct a clerical or arithmetical mistake or an error arising out of an accidental slip or omission", the …

1 year, 8 months ago

Article 136 | SLP Against NCDRC's Order Passed In Exercise Of Its Appellate/Revisional Jurisdiction Cannot Be Entertained: Supreme Court

Live Law

The Supreme Court on Wednesday held that an aggrieved party can approach the Supreme Court under Article 136 of the Constitution for grant of special leave to appeal against an order of the National Consumer Disputes Redressal Commission only if it is passed by the Commission in its original jurisdiction. No further appeal will lie against the orders passed by …

1 year, 8 months ago

Criminal Court Can't Review Its Orders In Garb Of Modification/ Clarification: Sikkim High Court

Live Law

The Sikkim High Court has recently asserted that a judgment passed by a criminal court cannot be revised, reopened, or reversed through an application for modification/clarification. A bench comprising Justice Bhaskar Raj Pradhan was hearing an application filed by ED's Joint Director after nearly eight years of passing of the judgment dated 22.09.2015, seeking modification/ clarification. While informing that the …

1 year, 8 months ago

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court

Live Law

The Himachal Pradesh High Court while highlighting the requirement of an identical subject matter for the application of Section 10 of the Code of Civil Procedure on Tuesday emphasized that the words "directly and substantially in issue" should be interpreted in contrast to matters that are merely "incidental or collateral". The case before the court involved a civil suit filed …

1 year, 10 months ago

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously. Elaborating on the subject the bench observed, ".The said two remedies are provided by …

1 year, 11 months ago

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has recently ruled that inadvertence on the part of a party to produce a document before the Court cannot be construed as a substantial cause within the meaning of Rule 27 of Order XLI of the Civil Procedure Code to allow application for production of additional documents. Order XLI R 27 of …

2 years ago

Can't Entertain Appeal Disguised As Review: Gauhati High Court Dismisses Challenge To Maintenance Order

Live Law

The Gauhati High Court recently refused to entertain a review petition against a maintenance order filed under Order 47 Rules 1, 2 and Section 151 of CPC stating that there were no grounds mentioned in the petition on which a review can be allowed. The petitioner approached the High Court challenging the maintenance order of the Additional District Judge on …

2 years ago

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court

Live Law

The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.A bench led by Chief Justice of India DY Chandrachud made this observation while dismissing a petition which sought to declare that the judgment in Indore Development Authority vs. Manoharlal was not a good law and overrule …

2 years ago

Section 11 Petitions Seeking Relief But Not Raised In The Previous Arbitration; Gross Abuse Of Process of Court: Delhi High Court

Live Law

The Delhi High Court has ruled that since the party had failed to challenge the termination of the Collaboration Agreement in the first round of arbitral proceedings, the demolition of the structure built by it under the said Collaboration Agreement would not give it a fresh cause of action. The Arbitral Tribunal passed an award in favour of the respondent, …

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