Court Can Allow Substitution Petition Even Without Explicit Plea For Setting Aside Abatement If Application Justifies Relief: Jharkhand HC
1 month, 2 weeks ago

Court Can Allow Substitution Petition Even Without Explicit Plea For Setting Aside Abatement If Application Justifies Relief: Jharkhand HC

Live Law  

Recently, the Jharkhand High Court has held that abatement by necessary implication can allow a substitution petition even without a specific plea to set aside, provided the entire application makes out a case for such relief. Justice Sanjay Kumar Dwivedi, presiding over the case, observed, “In a case where the relief of setting aside of abatement has not been specifically claimed, the court may consider the complete application find out what is the prayer and if case is made out for condonation and for setting aside of abatement proceedings, the Court may condone the delay, may set aside abatement of the suit even without specific prayer.” “Relief of impleading of legal representatives of one of the party may be if case is made out on the basis of the facts pleaded in the application, can be considered as an application for setting aside of abatement, which is a prayer inherently within the prayer for seeking relief of taking on record the legal representatives of the deceased in the suit.,” the Court added. As argued by the petitioners, belatedly the said substitution petition filed on behalf of two defendants had already abated and as there was no prayer of setting aside the abatement, the decision of the trial court allowing the substitution was illegal. It stated, "There appears to be no bar as such for filing consolidated application for the relief under Order 22 Ru 3 or 4 CPC and another under Order 22 Rule 9 CPC and for condonation of delay under section 5 of the Limitation Act."

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History of this topic

Jharkhand HC Directs Tax Authorities To Follow Due Procedure While Passing Orders; Imposes Costs For Passing Order Violating Natural Justice
1 week, 6 days ago

Jharkhand HC Directs Tax Authorities To Follow Due Procedure While Passing Orders; Imposes Costs For Passing Order Violating Natural Justice

Live Law  

The Jharkhand High Court directed the state tax authorities to follow due procedure while passing adjudication orders. The Division Bench of Chief Justice Ramachandra Rao and Justice Deepak Roshan stated that “despite directions issued by the Court, it appears that State Tax authorities are continuing to conduct adjudication proceedings in utter disregard to the mandatory provisions of the Act and …

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

Application Seeking Exemption From Surrender Admissible Only When Petitioner Sentenced To Term Of Imprisonment: Supreme Court
1 month, 3 weeks ago

Application Seeking Exemption From Surrender Admissible Only When Petitioner Sentenced To Term Of Imprisonment: Supreme Court

Live Law  

Recently, the Supreme Court observed that as per its 2013 rules, an application, filed in special leave petitions, seeking exemption from surrendering can neither be entertained nor listed before the Judge-in-Chambers, except when the petitioner has been sentenced to a term of imprisonment. Referring to Order XXII Rule 5 of the Supreme Court Rules, 2013, the Court observed : "On …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 2 weeks ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High Court
3 months ago

Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High Court

Live Law  

The Jharkhand High Court in a recent judgement has reiterated that an order passed at one stage of a proceeding bars the reconsideration of the same issue at a later stage. Deorjin Debi reported in AIR 1960 SC 941. held that an order at one stage of proceeding acts as res judicata at all later stages of same proceeding.” As …

Amendment To Affidavit For Incorporating Statement Of Truth Impermissible: Jharkhand High Court
3 months ago

Amendment To Affidavit For Incorporating Statement Of Truth Impermissible: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that an amendment to the affidavit in a commercial suit pleading, seeking to incorporate a statement of truth, is impermissible under the provisions of the Commercial Courts Act, 2015. The Court emphasised that the statement of truth must be filed in the prescribed format under Rule 15A of the Act, and cannot be amended …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
3 months, 1 week ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law  

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

Disputes Over Title Cannot Be Adjudicated In Suits U/S 6 Of Specific Relief Act: Jharkhand High Court
3 months, 3 weeks ago

Disputes Over Title Cannot Be Adjudicated In Suits U/S 6 Of Specific Relief Act: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that the title for ownership in regard to the property in question is not to be adjudicated under Section 6 of the Specific Relief Act, 1963. Justice Subhash Chand, while dismissing a Civil Miscellaneous Petition challenging a trial court's rejection of an impleadment application, reiterated, “the suit was for recovery of the possession under …

Prior Notice U/S 80 CPC Mandatory For Amendment Seeking Fresh Cause Of Action And Relief: Jharkhand High Court
3 months, 3 weeks ago

Prior Notice U/S 80 CPC Mandatory For Amendment Seeking Fresh Cause Of Action And Relief: Jharkhand High Court

Live Law  

The Jharkhand High Court in a recent judgement has held that an amendment to a plaint introducing a new cause of action and seeking new relief against the State is not maintainable without prior notice under Section 80 of the Code of Civil Procedure. pleading the new cause of action in regard to the construction of Trauma Centre in the …

No Amendment Of Plaint After Conclusion Of Evidence If It Alters Nature Of Suit Or Prejudices Accrued Rights Of Defendants: Jharkhand HC
4 months ago

No Amendment Of Plaint After Conclusion Of Evidence If It Alters Nature Of Suit Or Prejudices Accrued Rights Of Defendants: Jharkhand HC

Live Law  

The Jharkhand High Court has reiterated that amendments in pleadings that alter the fundamental nature of a suit or prejudice accrued rights of the opposing party cannot be permitted. It would certainly prejudice to the rights and interest of the defendant which have accrued to them after conclusion of the evidence in the suit in question.” “It is the settled …

Jharkhand: Setback For Hemant Soren Ahead Of Oath-Taking As MP-MLA Court Rejects Exemption Plea In ED Case
4 months ago

Jharkhand: Setback For Hemant Soren Ahead Of Oath-Taking As MP-MLA Court Rejects Exemption Plea In ED Case

ABP News  

In a major setback for Hemant Soren ahead of his oath-taking ceremony, the MP-MLA Special Court in Ranchi has rejected a plea filed by the JMM leader seeking exemption from personal appearance in the case related to the alleged non-compliance of summonses issued by the Enforcement Directorate. The ED had filed a petition before the chief judicial magistrate court saying …

Power Under Article 227 Of Constitution To Be Used Sparingly, Cannot Be Used For 'Correcting Mere Errors': Jharkhand High Court Reiterates
4 months ago

Power Under Article 227 Of Constitution To Be Used Sparingly, Cannot Be Used For 'Correcting Mere Errors': Jharkhand High Court Reiterates

Live Law  

While hearing a plea seeking exercising of power under Article 227 of Constitution and for passing interim orders till fresh orders are passed by the concerned court, the Jharkhand High Court reiterated that power under the provision is to be used sparingly and cannot be used to correct "mere errors". The high court was hearing a plea moved by the …

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court
7 months, 3 weeks ago

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that if an appeal memo does not contain an application for the condonation of delay at the time of its filing, subsequent filing of such an application cannot cure the defect. Despite the court granting time to address the defects pointed out by the Stamp Reporter, the counsel for the Revenue did not take …

S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC
8 months ago

S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a successful transfer petition under Section 24, CPC, before a district court cannot be challenged before the high court by filing another transfer petition under Section 24, CPC. It was held that the order of the district court on the transfer petition could not have been challenged by filing another transfer petition, rather a …

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court
9 months, 2 weeks ago

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court

Live Law  

The Patna High Court has held that amendment of pleadings under Order VI Rule 17 of Code of Civil Procedure, 1908 could be allowed even after the commencement of the trial, if the amendments sought are necessary for effective adjudication of controversy between the parties. Justice Arun Kumar Jha was considering the case of the petitioner/plaintiff whose amendment petition was …

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court
1 year, 5 months ago

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court

Live Law  

The Supreme Court has expressed surprise at an order of the Bombay High Court that first admitted a writ petition but then refused to consider prayer for interim relief on the ground that an alternate remedy was available to the party. The Apex Court remitted the matter back to the High Court directing it to consider whether the interim relief …

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates
2 years, 1 month ago

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates

Live Law  

The Jharkhand High Court has reiterated that the court should not allow an application for condonation of delay until and unless the applicant satisfies the court that he was prevented by any ‘sufficient cause’ from prosecuting the case. While dismissing the second appeal, Justice Sanjay Kumar Dwivedi observed: “The applicant must satisfy the Court that he was prevented by. While …

Fresh Notice Under Section 21 Not Required To Be Issued For Appointment Of Substitute Arbitrator: Jharkhand High Court
2 years, 3 months ago

Fresh Notice Under Section 21 Not Required To Be Issued For Appointment Of Substitute Arbitrator: Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that a party is not required to make a fresh request for appointment of substitute arbitrator by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996, if notice under Section 21 was issued for appointment of the arbitrator sought to be substituted. Subsequently, the applicant filed a fresh application under …

Jharkhand High Court Sets Aside Demand Notice For Payment Of Service Tax On Legal Services Provided By A Senior Advocate
2 years, 6 months ago

Jharkhand High Court Sets Aside Demand Notice For Payment Of Service Tax On Legal Services Provided By A Senior Advocate

Live Law  

The Jharkhand High Court on Thursday quashed a demand notice issued by the tax authorities to a Senior Advocate seeking payment of service tax on legal services provided by him to a legal firm.The bench of Chief Justice Ravi Ranjan and Justice Sujit Narayan Prasad, however, did not allow the prayer seeking to quash Notification No.18/2016-ST dated 1.3.2016 and Notification …

Mohammed Zubair Case : Supreme Court Asks Delhi High Court To Consider Plea To Quash Sitapur FIR Uninfluenced By Allahabad HC Order
2 years, 6 months ago

Mohammed Zubair Case : Supreme Court Asks Delhi High Court To Consider Plea To Quash Sitapur FIR Uninfluenced By Allahabad HC Order

Live Law  

The Supreme Court, on Wednesday, observed that a petition under Section 482 of the CrPC can be moved by Mohammed Zubair, Co-founder of Alt News before the Delhi High Court seeking quashing of case instituted against him initially at Sitapur, Uttar Pradesh and later transferred to Delhi, as per the directions of the Apex Court. Chandrachud and Hima Kohli recorded …

Initiation Of Adjudication Proceeding Without Issuance Of Show Cause Notice Is Void Ab Initio: Jharkhand High Court
2 years, 11 months ago

Initiation Of Adjudication Proceeding Without Issuance Of Show Cause Notice Is Void Ab Initio: Jharkhand High Court

Live Law  

The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has held that the initiation of an adjudication proceeding without the issuance of a show cause notice is void ab initio. However, the respondent-authorities were not convinced by the petitioner's documents and, as a result, issued an intimation to the petitioner on Form GST DRC-01A dated …

Section 438 CrPC : Supreme Court Deprecates Practice Of Filing Second Application For Pre-Arrest Bail After Rejection Of First
3 years, 3 months ago

Section 438 CrPC : Supreme Court Deprecates Practice Of Filing Second Application For Pre-Arrest Bail After Rejection Of First

Live Law  

While considering a special leave petition assailing Jharkhand High Court's order, the Supreme Court recently deprecated the practice of filing a second application u/s 438 of the Code of Criminal Procedure after the rejection of the first one. The bench of Justices Ajay Rastogi and AS Oka noted that the High Court on November 10, 2020 had rejected petitioner's first …

Plea In Jharkhand High Court Challenges Constitutional validity of Armed Forces Tribunal Act, 2007
4 years, 2 months ago

Plea In Jharkhand High Court Challenges Constitutional validity of Armed Forces Tribunal Act, 2007

Live Law  

A former non-commissioned Officer of the Indian Air Force has moved the Jharkhand High Court, challenging the vires of the Armed Forces Tribunal Act, 2007, as being violative of Articles 14, 19 & 21 of the Indian Constitution. Benches of Armed Forces Tribunal not within the accessible reach Section 5 of the Act provides that the Benches of the Tribunal …

Supreme Court Refuses To Entertain Jharkhand Speaker's Plea Against HC Stay On Disqualification Notice To Babulal Marandi
4 years, 2 months ago

Supreme Court Refuses To Entertain Jharkhand Speaker's Plea Against HC Stay On Disqualification Notice To Babulal Marandi

Live Law  

The Supreme Court on Tuesday refused to entertain a special leave petition filed by the Speaker of Jharkhand assembly challenging the the stay ordered by the Jharkhand High Court on the disqualification notice served on Babulal Marandi MLA.A bench headed by the Chief Justice of India said that the bench was not inclined to entertain the plea as the High …

"Present Matter Has Pan India Ramifications, This Court Has No Territorial Jurisdiction To Adjudicate The Same'[Read Jharkhand HC Order Dismissing Plea Against NLAT]
4 years, 6 months ago

"Present Matter Has Pan India Ramifications, This Court Has No Territorial Jurisdiction To Adjudicate The Same'[Read Jharkhand HC Order Dismissing Plea Against NLAT]

Live Law  

"The present matter has pan India ramifications and petitioners have failed to make out a strong ground so as to invoke the extraordinary writ jurisdiction of this Court which is otherwise plenary in nature, it would not be appropriate for this Court to interfere with the notice dated 03.09.2020 issued by NLSIU, Bengaluru", Jharkhand High Court said while dismissing the …

GST - No Interest Recovery Without Show Cause Notice & Adjudication : Jharkhand HC [Read Judgment]
4 years, 10 months ago

GST - No Interest Recovery Without Show Cause Notice & Adjudication : Jharkhand HC [Read Judgment]

Live Law  

The process of recovery of interest cannot be initiated against an assessee under the Central Goods and Services Tax Act without a prior show cause notice and adjudication proceedings, Jharkhand High Court has held. On this principle, a bench comprising Justices HC Mishra and Deepak Roshan set aside an order issued by the GST Department to a partnership firm for …

Writ Petition Under Article 227 Challenging Judicial Orders Are Maintainable, But Not Under Article 226: SC [Read Judgment]
6 years, 2 months ago

Writ Petition Under Article 227 Challenging Judicial Orders Are Maintainable, But Not Under Article 226: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a writ petition under Article 226 of the Constitution of India seeking writ of certiorari against judicial orders passed by civil courts is not maintainable.The bench comprising Justice Ashok Bhushan and Justice Indu Malhotra observed in State of Jharkhand v. Surendra Kumar Srivastava that writ petition under Article 227 challenging the orders passed by. …

SC Upholds Constitutional Validity Of Sec. 35F Of Central Excise Act
7 years, 11 months ago

SC Upholds Constitutional Validity Of Sec. 35F Of Central Excise Act

Live Law  

The Supreme Court has dismissed a special leave petition filed in the matter of Satya Nand Jha vs Union of India challenging the constitutional validity of Section 35F of the Central Excise Act, 1944.A bench comprising Justice Madan B Lokur and Justice Adarsh Kumar Goel dismissed the SLP and upheld the constitutional validity of Section 35F as held by the …

Applicability of CPC to a Writ petition under Article 227 of the Constitution of India: Patna HC refers issue to DB [Read Judgment]
8 years, 8 months ago

Applicability of CPC to a Writ petition under Article 227 of the Constitution of India: Patna HC refers issue to DB [Read Judgment]

Live Law  

However, the issue under controversy is not whether its application should be waived, rather whether it applies or not, the Court said.Single Bench of the Patna High Court has referred to Division Bench, the question whether procedure prescribed in Code of Civil Procedure would apply to the petition under Article 227 of the Constitution of India, whenever matter is against …

Applicability of CPC to a Writ petition under Article 227 of the Constitution of India: Patna HC refers issue to DB [Read Judgment]
8 years, 8 months ago

Applicability of CPC to a Writ petition under Article 227 of the Constitution of India: Patna HC refers issue to DB [Read Judgment]

Live Law  

However, the issue under controversy is not whether its application should be waived, rather whether it applies or not, the Court said.Single Bench of the Patna High Court has referred to Division Bench, the question whether procedure prescribed in Code of Civil Procedure would apply to the petition under Article 227 of the Constitution of India, whenever matter is against …

High Court Rule requiring mandatory surrender before filing a Revision Petition upheld by Supreme Court
10 years, 1 month ago

High Court Rule requiring mandatory surrender before filing a Revision Petition upheld by Supreme Court

Live Law  

A bench of Justices T.S.Thakur & Adarsh Kumar Goel today upheld the constitutional validity of Rule 159 of the High Court of Jharkhand Rules, 2001. A Division Bench of the High Court had earlier upheld the validity of the impugned rule and a Special Leave Petition preferred was also dismissed. It was challenged by them that this rule is in …

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