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Articles for Appellants, search results for civil

If State Doesn't Question Suit Maintainability For Lack Of Notice U/S 80 CPC In Written Statement, It Can't Do So At Appellate Stage: Orissa HC
2 weeks, 4 days ago

If State Doesn't Question Suit Maintainability For Lack Of Notice U/S 80 CPC In Written Statement, It Can't Do So At Appellate Stage: Orissa HC

Live Law  

The Orissa High Court has reiterated that the State and its agencies cannot challenge the maintainability of a suit, for the first time at the stage of appeal, on the ground that no prior notice as prescribed under Section 80 of the Code of Civil Procedure was issued to them before instituting the suit. Clarifying the position of law, the …

Court State Appellants Notice Suit Cpc Plaintiff
CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
2 weeks, 5 days 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 …

Appeal Compensation Court Land State High Second
Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
1 month, 4 weeks ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Law Jurisprudence Procedural Irregularity Right New Delhi
Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
1 month, 4 weeks ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Law Jurisprudence Procedural Irregularity Right of Substantive Nature New Delhi
'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
2 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Supreme Court Court Criminal Allegations Criminal Proceedings Case State
Mere Non-Performance Of Agreement To Sell Doesn't Amount To Offence Of Cheating & Criminal Breach Of Trust: Supreme Court
4 months ago

Mere Non-Performance Of Agreement To Sell Doesn't Amount To Offence Of Cheating & Criminal Breach Of Trust: Supreme Court

Live Law  

The Supreme Court recently observed that mere non-performance of an Agreement to Sell by itself does not amount to the offences of cheating and criminal breach of trust. Quashing a criminal case against three persons for failing to execute a sale despite an agreement to sell a property, the Court observed : A bench of Justice Vikram Nath and Justice …

Court Civil Specific Performance Criminal Sale Payment Cheating
Trump asks for pause of potentially ruinous penalty while fraud appeal plays out
9 months, 3 weeks ago

Trump asks for pause of potentially ruinous penalty while fraud appeal plays out

Raw Story  

Donald Trump's lawyers have asked a New York appeals court to pause the $454 million damages payment he owes until it rules on his civil fraud verdict. “The judgment order unprecedented and punitive disgorgement of nearly $460 million and overbroad permanent injunctive relief against Appellants in the absence of legal authority or factual support,” Trump’s attorneys wrote in the filing. …

Appeal Trump New York
Bombay High Court Refuses Stay on Release of The Railway Men
1 year, 1 month ago

Bombay High Court Refuses Stay on Release of The Railway Men

Deccan Chronicle  

In a recent development, the Bombay High Court, through a vacation bench headed by single judge Justice **Arif Doctor**, has declined to stay the release of the Hindi web series "The Railway Men - The Untold Story of Bhopal 1984," scheduled for November 18, 2023. The High Court rejected this argument, emphasizing that the web series's release was announced by …

Series Mumbai Court Railway Men
Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings
1 year, 10 months ago

Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings

Live Law  

The Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature.The Court quashed the criminal proceedings after noting that the application filed under Section 156, Cr.P.C did not …

Court Criminal Criminal Procedure Respect Criminal Proceedings Appellants Respondent
S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court
2 years, 4 months ago

S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court

Live Law  

The Tripura High Court recently, while dealing with a matter pertaining to execution of a sale deed, observed that a remedy for specific performance is discretionary in nature and the power may not be exercised by the Court merely because it is lawful to do so. Section 20 of the Specific Relief Act specifically provides that the jurisdiction of the …

Performance Court Specific Performance Sale Agreement Appellants Plaintiff
Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court
2 years, 8 months ago

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court

Live Law  

The Telangana High Court has held that a Civil Court does not have the power to modify an arbitral award in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. Constructions filed an Execution Petition before the District Court seeking execution of the order passed modifying the arbitral award under …

Court Appellants District Act Filed Award Petition
Forcible Dispossession Of Private Property Of A Person Without Following Due Process Of Law, Is Violative Of Both Human & Constitutional Right: Supreme Court
2 years, 8 months ago

Forcible Dispossession Of Private Property Of A Person Without Following Due Process Of Law, Is Violative Of Both Human & Constitutional Right: Supreme Court

Live Law  

The Supreme Court observed that forcible dispossession of private property of a person without following due process of law, is violative of both their human right and constitutional right.Sukh Dutt Ratra and Bhagat Ram claim to be owners of land which was utilized for the construction of the 'Narag Fagla Road' in 1972-73. The Supreme Court observed that forcible dispossession …

Supreme Court Constitution Compensation Property Court Land Due Process
Registration Of Document Subject To Adjudication Of Parties' Rights By Civil Court : Supreme Court
3 years ago

Registration Of Document Subject To Adjudication Of Parties' Rights By Civil Court : Supreme Court

Live Law  

The Supreme Court has reiterated that the registration of a document is always subject to the adjudication of the rights of the parties by the competent civil court. "It is settled legal position that registration of document is always subject to adjudication of rights of the parties by the competent civil court", observed a bench comprising Justices R Subhash Reddy …

Supreme Court Court Rights Civil Registration Parties Appellants
Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court
3 years ago

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

Live Law  

The Supreme Court on Monday observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.The bench of Justices SK Kaul and MM Sundresh in their order said, "We are of the view that it …

Supreme Court High Court Court Order Review Delay High
Mere Exclusion Of Sibling From Will Not A Ground To Suspect Its Genuineness : Supreme Court
3 years, 2 months ago

Mere Exclusion Of Sibling From Will Not A Ground To Suspect Its Genuineness : Supreme Court

Live Law  

While dealing with the validity of a Will, the Supreme Court observed that a mere exclusion of a sibling per se from the Will would not create a suspicion against it, unless it is surrounded by other suspicious circumstances. The bench of Justices SK Kaul and MM Sundresh in the present case was dealing with an appeal against a judgment …

Supreme Court Trial Evidence Court Indian High Her Husband
[Section 96 CPC] Strangers Cannot File Appeal Unless They Satisfy The Court That They Are 'Aggrieved Persons': SC [Read Judgment]
4 years, 4 months ago

[Section 96 CPC] Strangers Cannot File Appeal Unless They Satisfy The Court That They Are 'Aggrieved Persons': SC [Read Judgment]

Live Law  

The Supreme Court has observed that strangers cannot be permitted to file an appeal under Section 96 of the Code of Civil Procedure unless he satisfies the Court that he falls within the category of 'aggrieved persons'. They have to demonstrate that they are prejudicially or adversely affected by the decree in question or any of their legal rights stands …

Appeal Judgment Civil Procedure Trial Court Appellants Suit File