Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
11 months, 3 weeks ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing court cannot go beyond the decree. Koushik Mutually Aided Cooperative Housing Society v. Ameena Begum, 2023 LiveLaw 1056 : 2023 INSC 1065 Code of Civil Procedure, 1908; Order IX Rule 13, Order XLIII Rule 1 and Section 115 - Ex-parte decree - Appeal from orders and Revision – When an application or petition filed under Order IX Rule 13 CPC is dismissed, the defendant can avail a remedy by preferring an appeal in terms of Order XLIII Rule 1 CPC. Koushik Mutually Aided Cooperative Housing Society v. Ameena Begum, 2023 LiveLaw 1056 : 2023 INSC 1065 Order 10 - Examination of Parties by the Court Code of Civil Procedure, 1908; Order X and Section 89 - All courts at Districts and Talukas shall ensure after the pleadings are complete, the parties should be called upon to appear on the day fixed as indicated in Order X and record the admissions and denials and the court shall direct the parties to the suit to opt for either mode of the settlement outside the court as specified in sub-Section of Section 89 and at the option of the parties shall fix the date of appearance before such forum or authority and in the event of the parties opting to any one of the modes of settlement directions be issued to appear on the date, time and venue fixed and the parties shall so appear before such authority/forum without any further notice at such designated place and time and it shall also be made clear in the reference order that trial is fixed beyond the period of two months making it clear that in the event of ADR not being fruitful, the trial would commence on the next day so fixed and would proceed on day-to-day basis. ) Sanjay Kumar Agarwal v. State Tax Officer, 2023 LiveLaw 939 : 2023 INSC 963 : AIR 2023 SC 5636 Code of Civil Procedure, 1908; Order XLVII Rule 1, Rule 9 - The Supreme Court has upheld the decision of the Jammu and Kashmir and Ladakh High Court where the court had held that where the assessee had been held entitled to the refund of the Educational cess and Secondary & Higher Educational cess on the basis of the judgment and order of the Supreme Court in M/s SRD Nutrients Limited vs. CCE, 1 SCC 105, which was applicable at the relevant time, the Revenue Department was not entitled to make recovery of the said refunded amount on the basis of the subsequent decision of the Supreme Court in M/s Unicorn Industries vs. Union of India, 3 SCC 492, where the decision in M/s SRD Nutrients was overruled by the top court.

India Supreme Court High Court Procedure Court Civil States Civil Procedure Civil Procedure Code Courts Res Judicata Order Singh Supreme Cpc 2023 Para Bench Rule Code Geetha Other Words Cce Civil Trial Written Statement Section 3 Livelaw Section 10 Order Vii Rule 11 Order Xli First Instance Xii Order 41 Section 24 Nct Substantial Evidence Such Cases 1908 Section 47 Court Fee Section 33 Section 115 Order Viii Rule Order Xxi Rule Order Vii Rule Section 96 Yashpal Jain Mohammed Abdul Wahid Order Viii Order Xvii Order V Rule 13 Cpc Order Xxii Rule Principal District Order Ix Rule 13 Order Xliii Rule Pradeep Mehra Rajeshwar Prasad Order Vii Order Ix Rule Section 10 Cpc Prem Kishore Para 2 Koushik Mutually Aided Cooperative Housing Society Order X Sushila Devi Pyare Ram Order Xii Para 5 Rule 11 Section 89 Code Of Civil Procedure Order Xlvii Para 7 Order Xx Para 17 Section 149 Cpc First Appeal Brahm Prakash Dheeraj Singh Shivashankara Greater Noida Industrial Development Authority Order Xli Rule Order Xi Order 41 Rule 22 Ganesh Prasad Cross Objections 2023 Insc Cooperative Housing Society  court  2023  procedure  supreme  v  livelaw  cpc  order  rule  annual  sc  digest  1908  code  civil

History of this topic

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
2 days, 9 hours 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 …

Civil Procedure Code | Appellate Court Can't Create New Case For Parties & Frame Issues Without Following Order XLI : Supreme Court
3 months, 3 weeks ago

Civil Procedure Code | Appellate Court Can't Create New Case For Parties & Frame Issues Without Following Order XLI : Supreme Court

Live Law  

Recently, the Supreme Court held that the Courts at the Appellate stage of civil suits cannot create a new case for the parties while framing such additional issues that were never raised in the pleadings of the parties. “It is well-settled principle of law that the Court cannot create any new case at the appellate stage for either of the …

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
5 months, 2 weeks ago

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

Live Law  

The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Section 96, 105 and Order IX Rule 13 - The appellant, while challenging ex parte decree by filing an appeal, can always point …

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court
7 months, 1 week 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 …

The Complete Supreme Court Annual Digest- 2023 [Part-III]
8 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-III]

Live Law  

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Pramod Sinha v. Suresh Singh Chauhan, 2023 LiveLaw 596 Section 33 - Judgment and decree Code of Civil Procedure, 1908; Section 33, Order XX Rule 4, 5; Order XLI Rule 23, 23A, 24 and 25 - Remand - High Court passed order …

O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: J&K High Court
8 months, 4 weeks ago

O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: J&K High Court

Live Law  

Clarifying the applicability of the bar under Order 23 Rule 3-A of the Civil Procedure Code to challenge compromise decrees the Jammu and Kashmir and Ladakh High Court has recently ruled that said bar does not apply to non-party challengers of compromise decrees, provided they are not claiming any right through a party to the compromise decree. After meticulously analysing …

CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC
9 months, 1 week ago

CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC

Live Law  

Making a crucial distinction between two key provisions of the Civil Procedure Code - Order 39 Rule and Order 26 Rule the Jammu and Kashmir and Ladakh High Court has highlighted that Order 39 Rule primarily aims to record the existing condition of property to monitor changes or interference by parties, while Order 26 Rule focuses on elucidating facts relevant …

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court
10 months, 1 week ago

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court

Live Law  

The Allahabad High Court has held that rejection of application under Order VII Rule 11 of the Civil Procedure Code will not operate as res judicata on deciding issue of limitation raised at the time of final hearing. will not operate as res judicata.” The Court reiterated that for deciding an application under Order VII Rule 11 of CPC, the …

Supreme Court Half Yearly Digest 2023 - Criminal Major Acts
11 months, 3 weeks ago

Supreme Court Half Yearly Digest 2023 - Criminal Major Acts

Live Law  

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154 read with 157 of the Code, and the Magistrate's direction to register an FIR under Section 156 of the Code. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 …

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court
1 year ago

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court

Live Law  

Recently, the Supreme Court held that no amount of evidence or merits of the controversy could be examined at the stage of deciding rejection of a plaint application under Order VII Rule 11 of the Code of Civil Procedure, 1908. In this case, the Court opined that only the averments in the plaint would be relevant for invoking clause of …

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court
1 year, 1 month ago

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court

Live Law  

The Supreme Court on Tuesday held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11. However, the High Court allowed the application under …

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court
1 year, 2 months ago

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court

Live Law  

The Kerala High Court recently held that a trial judge cannot wait until conclusion of trial to decide if the plaint has to be rejected, and added that such decision should be made solely on an assessment of the plaint under Order VII Rule 11 CPC. Justice Devan Ramachandran observed that Trial judge waiting for rejecting the plaint until trial …

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908
1 year, 4 months ago

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908

Live Law  

Section 10 - Stay of Suit Code of Civil Procedure, 1908; Section 10 - Stay of Suit - By virtue of Section 10 CPC, a Court is prohibited from proceeding with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit, of course, subject to other conditions mentioned …

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet
1 year, 5 months ago

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet

Live Law  

The Supreme Court recently set aside an order of the Delhi High Court that permitted re-evaluation of the answer script of a candidate for the Delhi Higher Judicial Main Examination 2022 on the ground that there was no ‘material error’ warranting interference.The Delhi High Court had allowed re-evaluation of question No.9 of Law Paper-I of the candidate, after his representation …

Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court
1 year, 6 months ago

Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that the actual purpose of Order 6 Rule 17 of the Code of Civil Procedure in the legal system is to advance the cause of justice rather than impede it. In a matter under Article 227 of the Constitution of India the petitioner had assailed an order passed by Sub …

CPC | 120 Days Period For Filing Written Statement Mandatory In Jammu & Kashmir After Abrogation Of Article 370, Court Has No Power To Extend It: High Court
1 year, 7 months ago

CPC | 120 Days Period For Filing Written Statement Mandatory In Jammu & Kashmir After Abrogation Of Article 370, Court Has No Power To Extend It: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday clarified that the Civil Procedure Code, 1908 so far as its applicability to the Union Territory of Jammu & Kashmir is concerned after amendments in view of Abrogation of Article 370, provides a maximum period of 120 days to the defendant to file the written statement failing which the defendant …

Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court
1 year, 9 months ago

Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court

Live Law  

The Sikkim High Court on Monday underlined the difference between Order VIII Rule 1 A CPC which deals with timeline of filing written statement by the defendant and producing relevnant documents on record, and Order XLI Rule 25 CPC which paves way for a party to tender additional evidence before the trial court after new issues are framed by the …

Complete Supreme Court Yearly Digest Part-10
1 year, 10 months ago

Complete Supreme Court Yearly Digest Part-10

Live Law  

R Rajiv Gandhi Assassination Case Rajiv Gandhi Assassination Case - Supreme Court orders premature release of all 6 convicts. Union Bank of India v. Rajasthan Real Estate Regulatory Authority, 2022 LiveLaw 171 Real Estate Act, 2016 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - RERA authority has the jurisdiction to entertain a complaint …

Complete Supreme Court Yearly Digest Part-3
1 year, 10 months ago

Complete Supreme Court Yearly Digest Part-3

Live Law  

Code of Criminal Procedure 1973 Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the …

Complete Supreme Court Yearly Digest 2022- Part-2
1 year, 10 months ago

Complete Supreme Court Yearly Digest 2022- Part-2

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

Supreme Court Annual Digest 2022-Practice & Procedure
1 year, 10 months ago

Supreme Court Annual Digest 2022-Practice & Procedure

Live Law  

Practice & Procedure - Party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence. Indrajeet Yadav v. Santosh Singh, 2022 LiveLaw 386 : AIR 2022 SC 1941 Practice and Procedure - Appeal against Gujarat HC order in a dispute between …

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)
1 year, 11 months ago

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

Supreme Court Quarterly Digest on Code Of Criminal Procedure [July - September, 2022]
2 years, 1 month ago

Supreme Court Quarterly Digest on Code Of Criminal Procedure [July - September, 2022]

Live Law  

Code of Criminal Procedure, 1973; Section 2, 372 - Right of appeal to the victims - Public, who are recipients of these services, also become victims, though indirectly, because the consequences of such appointments get reflected sooner or later in the work performed by the appointees - The appellant in one of these appeals, is a victim, as he could …

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]
2 years, 1 month ago

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]

Live Law  

Admiralty Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10, Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10 of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial …

Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court
2 years, 2 months ago

Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court

Live Law  

The Bombay High Court has recently held that the trial court has "full power" under Order I Rule 10 of the Civil Procedure Code to add a party as defendant if necessary to decide a suit, even if the plaintiff does not choose to implead said party. Justice Sandeep V. Marne of the Aurangabad Bench dismissed a writ petition challenging …

Supreme Court Half Yearly Complete Criminal Digest (January – June 2022)
2 years, 2 months ago

Supreme Court Half Yearly Complete Criminal Digest (January – June 2022)

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

'Litigant Can't Be Expected To Wait Indefinitely For Reasons': Supreme Court Once Again Stresses On Need To Deliver Judgments Soon
2 years, 2 months ago

'Litigant Can't Be Expected To Wait Indefinitely For Reasons': Supreme Court Once Again Stresses On Need To Deliver Judgments Soon

Live Law  

The Supreme Court has once again stressed on the need to immediately deliver judgments by observing that a litigant cannot be expected to wait indefinitely for availability of the reasons for a Court Order.In this case, a party to election petition filed an an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 in the High …

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court
2 years, 3 months ago

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Wednesday observed that a compromise deed is essentially a contract between the parties superimposed by the decree of the Court and such a decree can be avoided only by approaching the same Court and demonstrating before it that the compromise on the basis of which decree is passed is not lawful. …

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
2 years, 4 months ago

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC

Live Law  

The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them. …

Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973
2 years, 4 months ago

Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973

Live Law  

Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the written complaint …

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
2 years, 5 months ago

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Live Law  

The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. The issues that arose for consideration in this case were– whether the consumer complaint case filed by the respondents had abated …

[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court
2 years, 5 months ago

[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court

Live Law  

The Delhi High Court has observed that a plaint cannot be rejected under Order VII Rule 11 of the CPC on the basis that the quantum of damages claimed in it cannot be granted.Justice Amit Bansal observed that quantum of damages to be awarded to the plaintiff can only be decided after the trial. The Delhi High Court has observed …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 6 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Orissa High Court Notifies CPC (Odisha Amendment) Rules, 2022 As Introduced By Court Under Sections 122 R/W 127 CPC
2 years, 6 months ago

Orissa High Court Notifies CPC (Odisha Amendment) Rules, 2022 As Introduced By Court Under Sections 122 R/W 127 CPC

Live Law  

The Orissa High Court, by using its power under Section 122 of the Code of Civil Procedure, 1908, had published the draft of the Code of Civil Procedure Rules, 2022, on 20th April 2022, after obtaining due approval from the State Government. In the First Schedule to the Code of Civil Procedure, 1908- Changes in Relation to Addition of Parties: …

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)
2 years, 6 months ago

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff : Supreme Court
2 years, 8 months ago

Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff : Supreme Court

Live Law  

The Supreme Court, on Friday, held that reliefs in a suit which seeks to frustrate the defendants from initiating a prosecution against plaintiff or seeking any other legal remedy are barred by law and can be a ground for allowing an application filed under Order VII Rule 11 of the CPC, seeking rejection of plaint. 1 argued that when the …

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court
2 years, 9 months ago

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court

Live Law  

While considering an application for rejection of plain under Order VII Rule 11 CPC, the Court has to go through the entire plaint averments and cannot reject the plaint by reading only few lines/passages and ignoring the other relevant parts of the plaint, the Supreme Court has held.A bench comprising Justices MR Shah and BV Nagarathna set aside the judgment …

Order 41 Rule 27 CPC - True Test Is Whether Appellate Court Can Pronounce Judgment Without Considering Additional Evidence Sought To Be Adduced: Supreme Court
2 years, 9 months ago

Order 41 Rule 27 CPC - True Test Is Whether Appellate Court Can Pronounce Judgment Without Considering Additional Evidence Sought To Be Adduced: Supreme Court

Live Law  

In a judgment delivered on Thursday, the Supreme Court explained Order 41 Rule 27 of the Code of Civil Procedure which enables an appellate court to take additional evidence in exceptional circumstances.The court observed that an application seeking to adduce additional evidence can be allowed where the additional evidence sought to be adduced removes the cloud of doubt. "Admissibility of …

Rejection Of Plaint Under Order VII Rule 11 CPC Will Be Allowed Only If Any Of The Clauses Are Strictly Applicable To The Pleadings In Plaint: Andhra Pradesh High Court
2 years, 11 months ago

Rejection Of Plaint Under Order VII Rule 11 CPC Will Be Allowed Only If Any Of The Clauses Are Strictly Applicable To The Pleadings In Plaint: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court on Tuesday stated that the plaint cannot be rejected under an application filed by defendant in Order VII Rule 11, CPC if none of the clauses set out under Order VII Rule 11 are applicable to the pleadings strictly mentioned in the plaint. Order VII Rule 11, CPC Rejection of plaint.— The plaint shall be …

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court
3 years ago

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure at any stage of the suit where admissions of facts have been made either in the pleadings or otherwise. Mudagal quashed the order of the Trial Court, by which it had rejected the application made by petitioners under …

Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court
3 years, 2 months ago

Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court

Live Law  

The Supreme Court observed that the Explanation to Order XXI Rule 16 of the Code of Civil Procedure, removed the distinction between an assignment pre-the decree and an assignment post the decree.Thus, the court observed that there is no bar under Order XXI Rule 16 against assignee who acquired rights prior to decree from making an application to execute the …

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 …

Order VII Rule 11 CPC - Plaint Can't Be Rejected If Limitation Is A Mixed Question Of Law & Fact : Supreme Court
3 years, 3 months ago

Order VII Rule 11 CPC - Plaint Can't Be Rejected If Limitation Is A Mixed Question Of Law & Fact : Supreme Court

Live Law  

The Supreme Court has held that a plaint cannot be rejected under Order VII Rule 11 of the Code of Civil Procedure if the issue of limitation is a mixed question of law and fact.A bench comprising Justices Hemant Gupta and V Ramasubramaniam observed so while reversing a Bombay High Court's judgment which had upheld a civil court's order to …

Res Judicata Is Not A Ground To Reject A Plaint Under Order VII Rule 11(d) CPC: Supreme Court
3 years, 4 months ago

Res Judicata Is Not A Ground To Reject A Plaint Under Order VII Rule 11(d) CPC: Supreme Court

Live Law  

The Supreme Court observed that the Res Judicata cannot be a ground for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure. "Since an adjudication of the plea of res judicata requires consideration of the pleadings, issues and decision in the 'previous suit', such a plea will be beyond the scope of Order 7 …

Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Order VII Rule 11(d) CPC: Supreme Court
3 years, 5 months ago

Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Order VII Rule 11(d) CPC: Supreme Court

Live Law  

The Supreme Court held that while rejecting a plaint under Order 7 Rule 11 of Code of Civil Procedure, the Court cannot grant liberty to the plaintiff to amend the plaint.The proviso to Rule 11 covers the cases falling within the ambit of clauses and and has no application to a rejection of a plaint under Order 7 Rule 11, …

Application Under Order IX Rule 13 CPC Can Be Allowed Only When Sufficient Cause Is Made Out To Set Aside Ex­ Parte Decree: Supreme Court
3 years, 9 months ago

Application Under Order IX Rule 13 CPC Can Be Allowed Only When Sufficient Cause Is Made Out To Set Aside Ex­ Parte Decree: Supreme Court

Live Law  

Application under Order 9 Rule 13 of the Code of Civil Procedure cannot be automatically granted and can be allowed only when sufficient cause is made out to set aside the ex­ parte decree, the Supreme Court observed.In this case, the tenant had filed an application to set aside an ex-parte decree against him which was dismissed by the Trial …

Order VII Rue 11 CPC: Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time: Supreme Court
3 years, 9 months ago

Order VII Rue 11 CPC: Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time: Supreme Court

Live Law  

The Supreme Court observed that the provisions of Order VII Rue 11 are not exhaustive and the Court has the inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of the Court.In this case, the plaintiff filed a Civil Suit in the original side of the Madras High Court challenging a sale deed …

Appellate Court's Jurisdiction Under Section 96 CPC Involves Rehearing On Questions Of Law As Well As Fact: Supreme Court
3 years, 10 months ago

Appellate Court's Jurisdiction Under Section 96 CPC Involves Rehearing On Questions Of Law As Well As Fact: Supreme Court

Live Law  

The Supreme Court observed that an appellate court's jurisdiction under Section 96 of the Code of Civil Procedure, involves a rehearing of appeal on questions of law as well as fact.The bench comprising Justices S. Abdul Nazeer and Surya Kant observed thus while setting aside an order passed by Karnataka High Court which had dismissed the appeal filed against a …

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