Time For Filing Written Statement Starts From Date Of Providing Suit And Documents To Defendant: Delhi High Court
2 years, 2 months ago

Time For Filing Written Statement Starts From Date Of Providing Suit And Documents To Defendant: Delhi High Court

Live Law  

The Delhi High Court has observed that the time for filing the written statement by the defendant under the Code of Civil Procedure, after issuance of summons, will commence from the date when the suit along with the documents is provided to the defendant. Justice C Hari Shankar said the service of summons in a suit has to be a meaningful service for it to constitute a starting point for the time available for filing of a written statement. That endorsement, quite obviously, can be of no relevance in the present case, and of no use to the petitioner, as the time for filing written statement commences only after receipt of service of summons on the suit," the court said. Justice Shankar said since the written statement was filed prior to February 28, it was to be treated as having been filed within time, as per the Supreme Court decisions.

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History of this topic

NCDRC Upholds The Sacrosanct Nature Of Procedural Timeline Of 45 Days For Filing Written Statement
1 week ago

NCDRC Upholds The Sacrosanct Nature Of Procedural Timeline Of 45 Days For Filing Written Statement

Live Law  

The National Consumer Disputes Redressal Commission bench presided by Dr. Inder Jit Singh has underscored the importance of procedural timeline given under the Consumer Protection Act for filing of written statement. Brief background: Authorised representatives of builders Lucina Land Development ltd. and Diana infrastructure ltd. failed to file their written reply to a complaint within the 45 days timeline as …

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court
3 months ago

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court

Live Law  

The Madras High Court has observed that the trial courts should not, on its own, extend the time for filing written statements after the expiry of 30 days. The court added that condoning delay on its own would be contrary to Order 8 Rule 1 of CPC “The trial courts shall not on their own extend the time for filing …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
3 months, 3 weeks ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5
4 months ago

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5

Live Law  

The Supreme Court on Friday adjourned the hearing of Delhi Chief Minister Arvind Kejriwal's pleas challenging his arrest and seeking bail in the case registered by the CBI over the alleged Delhi Liquor Policy scam, after the CBI sought time to file a counter-affidavit in the matter.A bench of Justices Surya Kant and Ujjal Bhuyan posted the matter on September …

'Alarming Situation' : Supreme Court Flags Concerns On Pendency Of Civil Suits In Gujarat Courts, Seeks Report From HC
4 months, 1 week ago

'Alarming Situation' : Supreme Court Flags Concerns On Pendency Of Civil Suits In Gujarat Courts, Seeks Report From HC

Live Law  

The Supreme Court, recently flagged serious concerns pertaining to the pendency of suits before Civil Courts in the State of Gujarat. Expressing its dismay at the situation, the Bench remarked “If this is the fate of a Suit for Recovery of public money, it simply depicts an alarming situation and a question mark on the efficacy of judicial system.” In …

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court
4 months, 3 weeks ago

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently underscored the crucial role of magistrates in applying their minds judiciously before issuing processes in criminal complaints, especially those pertaining to defamation. Highlighting the responsibility of a Magistrate in such cases the court remarked, “It cannot be a casual or mechanical exercise, particularly in cases relating to defamation.The responsibility of …

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court
6 months, 3 weeks ago

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that a plaintiff can waive the right to take advantage of a defendant's failure to file a written statement within the stipulated time. Lal's counsel argued that the trial court erred in accepting written statements from the defendants, as they were filed after the expiration of the 120-day period …

Gujarat court denies Kejriwal’s request for speedy hearing in defamation case
1 year, 4 months ago

Gujarat court denies Kejriwal’s request for speedy hearing in defamation case

Hindustan Times  

AHMEDABAD: The Ahmedabad sessions court on Tuesday rejected a plea by Delhi chief minister Arvind Kejriwal and MP Sanjay Singh, seeking an expedited hearing of their revision petition, aiming for it to take place before August 29—a date determined by the Gujarat High Court in response to Kejriwal and Singh’s request for both a stay of trial and prompt revision …

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches
1 year, 7 months ago

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches

Live Law  

The Supreme Court, on Monday, granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020. A bench comprising Justices KM Joseph and BV Nagarathna was considering the …

Commercial Court Shall Not Allow Written Statement To Be Taken On Record After Lapse Of 120 Days From Service: Kerala High Court
1 year, 9 months ago

Commercial Court Shall Not Allow Written Statement To Be Taken On Record After Lapse Of 120 Days From Service: Kerala High Court

Live Law  

The Kerala High Court recently held that the Commercial Court shall not allow a written statement filed in a suit to be take on record if 120 days has passed since the date of service of summons. The court also referred to the decision in Raj Process Equipments and Systems Pvt Ltd & Ors v. Honest Derivatives Pvt Ltd of …

Delhi High Court Stays Trial Court Proceedings In Tajinder Bagga's Defamation Case Against Journalist Swati Chaturvedi
1 year, 9 months ago

Delhi High Court Stays Trial Court Proceedings In Tajinder Bagga's Defamation Case Against Journalist Swati Chaturvedi

Live Law  

The Delhi High Court on Tuesday stayed the trial court proceedings in a defamation case filed by BJP leader Tajinder Pal Singh Bagga against Journalist Swati Chaturvedi till July 17.Justice Rajnish Bhatnagar issued notice on the plea moved by the journalist challenging the summons issued by the trial court against her in the matter.Bagga filed the case against the journalist …

Time Limit For Filing Written Statement Not Mandatory If Suit Was Instituted Before Civil Court & Transferred To Commercial Court After Expiry Of 120 Days: Supreme Court
2 years, 1 month ago

Time Limit For Filing Written Statement Not Mandatory If Suit Was Instituted Before Civil Court & Transferred To Commercial Court After Expiry Of 120 Days: Supreme Court

Live Law  

The Supreme Court observed that the time period for filing written statement is not mandatory if the suit was instituted in a civil court and transferred to a Commercial Court after the expiry of 120 days.The plaintiffs filed a suit for recovery of damages on the file of the Civil Court Senior Division Jalgaon in December, 2017. The High Court …

Written Statement In Commercial Suit Can't Be Deferred Beyond Prescribed Time Merely Because Demurrer Application For Dismissal Is Pending: Calcutta HC
2 years, 1 month ago

Written Statement In Commercial Suit Can't Be Deferred Beyond Prescribed Time Merely Because Demurrer Application For Dismissal Is Pending: Calcutta HC

Live Law  

The Calcutta High Court on Friday held that filing of written statement in commercial suits cannot be permitted beyond the prescribed time limit merely because a demurrer application for rejection of plaint moved by the defendant is pending. While hearing one such application seeking extension of time to file written statement in a commercial suit, the High Court reiterated that …

Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court
2 years, 2 months ago

Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court

Live Law  

The Supreme Court observed that there is no bar in taking on record a counter claim filed long after filing of written statement but before framing of issues.In this case, the counter-claim in question was filed nearly 13 years after filing of the written statement. The Supreme Court observed that there is no bar in taking on record a counter …

Certified Copy Preparation Period Can Be Excluded For Limitation Under Section 61 Of The Insolvency & Bankruptcy Code, 2016.
2 years, 4 months ago

Certified Copy Preparation Period Can Be Excluded For Limitation Under Section 61 Of The Insolvency & Bankruptcy Code, 2016.

Live Law  

The National Company Law Appellate Tribunal, Principal Bench comprising of Justice Ashok Bhushan and Mr. Barun Mitra recently held that the time taken for preparation of the certified copy of the order/judgment will be excluded for computation of limitation under Section 61 of the Insolvency and Bankruptcy Code, 2016. The Appellant filed the appeal before the NCLAT on 08.07.2022 and …

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court
2 years, 4 months ago

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently set aside a decree and judgment which was ex-parte in nature as the defendant could not adduce evidence during trial due to ill health. "the impugned decree and judgment are only ex- parte in nature since the evidence of defendant was not adduced in this case and he failed to attend the Court…So there …

Section 8 Application Should Be Filed Within Time Available For Filing Written Statement: Delhi High Court
2 years, 5 months ago

Section 8 Application Should Be Filed Within Time Available For Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has ruled that if a party fails to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the parties to arbitration within the time available for filing the first statement on the substance of the dispute, which would include a written statement in the context of a suit, the party …

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court
2 years, 7 months ago

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge, Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement …

"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement
2 years, 7 months ago

"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement

Live Law  

"It is trite law that a party should not suffer due to the in action on the part of the advocate and that the matter should be decided on merits rather than on technical ground", the Gujarat High Court has affirmed while hearing a petition under Art 227 to open the right to file written statement which was closed on …

SC to hear on May 10 pleas challenging validity of penal law on sedition
2 years, 7 months ago

SC to hear on May 10 pleas challenging validity of penal law on sedition

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday said it would hear arguments on May 10 on the legal question whether the pleas challenging the colonial era penal law on sedition be referred to a larger bench and granted time to the Centre to file its response. A special bench comprising Chief Justice N V Ramana and Justices Surya kant and …

Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not 'Non-Est' Filing: Delhi High Court
2 years, 7 months ago

Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not 'Non-Est' Filing: Delhi High Court

Live Law  

The Delhi High Court has observed that the filing of a written statement within the prescribed time but without an accompanying affidavit of admission or denial of documents, does not amount to non-est filing since it cannot be said that nothing was filed at all. It was thus submitted that the written statement was filed within the time of 120 …

Delhi High Court Reserves Order In Plea Challenging CIC Order Denying Details Of SC Collegium's December 2018 Meeting
2 years, 8 months ago

Delhi High Court Reserves Order In Plea Challenging CIC Order Denying Details Of SC Collegium's December 2018 Meeting

Live Law  

The Delhi High Court on Monday reserved order in a plea challenging an order of Central Information Commission denying information sought regarding the decisions taken by the Supreme Court Collegium in a meeting held on December 12, 2018.Justice Yashwant Varma reserved the order today after hearing Advocate Prashant Bhushan appearing for the petitioner, activist Anjali Bhardwaj.Bhardwaj. The Delhi High Court …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
2 years, 10 months ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court
2 years, 10 months ago

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court

Live Law  

this Court holds that the Proviso to Order VIII Rule 1 of Code of Civil Procedure, which fixes the maximum period for filing the written statement as 120 days and which was held. In a significant decision, the Madras High Court recently held that the mandatory time limit of 120 days to file a written statement in a commercial suit …

Time Limit Of 90 Days For Written Statement Under Order VIII Rule 10 Directory, But Courts Must Use The Discretion Sparingly : Gujarat High Court
2 years, 10 months ago

Time Limit Of 90 Days For Written Statement Under Order VIII Rule 10 Directory, But Courts Must Use The Discretion Sparingly : Gujarat High Court

Live Law  

The Bench comprising Justice Ashok Kumar Joshi at the Gujarat High Court has held that the maximum limit of 90 days for filing the written statement as under Order VIII Rule 1 is directory and not mandatory in nature. Judgement The Bench while interpreting Order VIII Rule 1, observed that the word 'shall' ordinarily implies the mandatory nature of the …

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case
3 years ago

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case

Live Law  

The Delhi High Court on Friday stayed a trial court order directing legal action against an Investigating Officer and SHO for filing two distinct chargesheets in a minor rape case. Justice Anu Malhotra, who sought status report from the Delhi Police, stayed the operation of the order dated 24th November 2021 wherein the Sessions Court had observed that the action …

Calcutta HC Seeks Response From Suvendu Adhikari By Nov 29 In Mamata Banerjee's Election Petition Against Nandigram Results, Next Hearing On Dec 1
3 years, 1 month ago

Calcutta HC Seeks Response From Suvendu Adhikari By Nov 29 In Mamata Banerjee's Election Petition Against Nandigram Results, Next Hearing On Dec 1

Live Law  

The Calcutta High Court on Monday adjourned the hearing of election petition filed by West Bengal Chief Minister Mamata Banerjee challenging BJP MLA Suvendu Adhikari's election win from the Nandigram constituency in the 2021 West Bengal Assembly Polls to December 1. On the previous date of hearing, a similar adjournment had been sought on the ground that a transfer petition …

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case
3 years, 1 month ago

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case

Live Law  

The Supreme Court on Monday issued notice on a Special Leave Petition against an order of the Calcutta High Court setting aside the order of the Chief Judicial Magistrate at Alipore which had dismissed an application seeking FIR against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi in a rape case. The Bench was also apprised by …

Order VIII Rule 1 CPC - Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits: Supreme Court
3 years, 2 months ago

Order VIII Rule 1 CPC - Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits: Supreme Court

Live Law  

The Supreme Court has observed that the period of 90 days for filing of written statement under Order VIII Rule 1 of Code of Civil Procedure in civil suits is directory.The bench of Justices Hemant Gupta and V. Ramasubramanian held the provisions of Order VIII Rule 1 CPC are mandatory in the Commercial Courts under the Commercial Courts Act, 2015. …

Whether Filing Of A 'Statement Of Truth' In A Written Statement Is A Mandatory Requirement Under Commercial Courts Act, 2015?: Calcutta High Court Explains
3 years, 3 months ago

Whether Filing Of A 'Statement Of Truth' In A Written Statement Is A Mandatory Requirement Under Commercial Courts Act, 2015?: Calcutta High Court Explains

Live Law  

The Calcutta High Court last week while adjudicating upon a commercial suit expounded in detail whether a 'statement of truth' in a written statement is a mandatory requirement under the Commercial Courts Act, 2015 and whether its absence warrants the disposal of the defence in the suit. Justice Moushumi Bhattacharya observed while opining on the changes brought in by the …

When Does Trial In Civil Suit Commence? Filing Of Chief Affidavit Or Cross-Examination? Supreme Court To Examine
3 years, 3 months ago

When Does Trial In Civil Suit Commence? Filing Of Chief Affidavit Or Cross-Examination? Supreme Court To Examine

Live Law  

The Supreme Court has issued notice on a special leave petition which raises the issue regarding the stage of commencement of trial in a civil suit.The issue has arisen in the context of interpretation of Order VI Rue 17 of the Civil Procedure Code, which provides for amendment of pleadings. ALT 160)) The Bombay High Court judgment impugned in this …

Delhi High Court Issues Notice In Plea Seeking Modification Of NCLAT's SOP By Allowing Only E-Filing In View Of Second Covid Wave
3 years, 7 months ago

Delhi High Court Issues Notice In Plea Seeking Modification Of NCLAT's SOP By Allowing Only E-Filing In View Of Second Covid Wave

Live Law  

The Delhi High Court on Thursday issued notice in a plea seeking directions on the National Company Law Appellate Tribunal to modify its SOP dated January 3, 2021 by allowing only electronic filing in view of the prevalent situation amid second Covid wave.A single judge bench comprising of Justice Rekha Palli issued notice in the plea filed by Advocate. The …

National Herald Case: Delhi High Court Lists Subramanian Swamy's Plea For Final Hearing On July 30
3 years, 7 months ago

National Herald Case: Delhi High Court Lists Subramanian Swamy's Plea For Final Hearing On July 30

Live Law  

The Delhi High Court on Tuesday listed for final hearing on July 30 the plea filed by BJP MP Subramanian Swamy challenging the trial court order regarding summoning of various documents and witnesses in National Herald case against Congress president Sonia Gandhi, her son Rahul and others.A single judge bench comprising of Justice Suresh Kumar Kait posted the matter for …

Delhi High Court Expedites Trial In 40-Yr-Old Suit Pending Before Trial Court
4 years ago

Delhi High Court Expedites Trial In 40-Yr-Old Suit Pending Before Trial Court

Live Law  

Delhi High Court on Friday issued directions for expediting hearing of a 40 years old suit, pending before the Trial Court since February 1980. Without getting into the controversy of what caused the delay in adjudication, a Bench of Justice Sanjeev Sachdeva observed that "since the Suit has been pending for over 41, trial court is directed to expedite the …

Filing Of The Charge-sheet By Itself, Does Not Entitle An Accused To Copy Of Statement Recorded U/s 164 CrPC: SC [Read Judgment]
4 years, 2 months ago

Filing Of The Charge-sheet By Itself, Does Not Entitle An Accused To Copy Of Statement Recorded U/s 164 CrPC: SC [Read Judgment]

Live Law  

Filing of the charge-sheet by itself, does not entitle an accused to copies of any of the relevant documents including statement under Section 164 of the Code, the Supreme Court observed while setting aside the Allahabad High Court order which allowed the plea of former Union Minister and BJP leader Chinmayanand to seek a certified copy of the statement of …

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