Articles for 10 Cpc

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
5 months, 3 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 …

India Delhi Supreme Court High Court Judgment Procedure 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 …

India Odisha Delhi Supreme Court High Court Bihar Constitution
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 …

India Supreme Court High Court Procedure Court Civil States
Supreme Court Complete Half Yearly Digest 2023
11 months, 4 weeks ago

Supreme Court Complete Half Yearly Digest 2023

Live Law  

A Access to Justice Fundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. Animal Welfare Board of India v. Union of India, …

India Odisha Kerala Delhi Supreme Court High Court Bihar
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 …

Supreme Court High Court Court Civil States Civil Procedure Courts
Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court
1 year, 5 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 …

Delhi Court Civil High Issue Suit Cpc
Law On Return And Rejection Vis-a-Vis Amendment Of The Plaint: Dichotomy In The Judicial Approach
4 years, 4 months ago

Law On Return And Rejection Vis-a-Vis Amendment Of The Plaint: Dichotomy In The Judicial Approach

Live Law  

A 'Plaint' is the very foundation of a civil Suit. If the said issue is answered in the negative, the Court exercises its powers under Order VII Rule 10 Civil Procedure Code, 1908 and 'Return the Plaint' for it to be presented to the Court in which the Suit should have been originally instituted, with the necessary Territorial and Pecuniary …

Law Delhi Jurisdiction Court Courts Application Order