Articles for Order V

Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid: Kerala High Court
3 days, 23 hours ago

Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid: Kerala High Court

Live Law  

The Kerala High Court stated that orders issued under Section 73 of the CGST/SGST Acts must carry the digital or manual signature of the officer passing the order in order to treat the order to be a valid order. The Bench of Justice Gopinath P. was considering the issue that whether orders issued under Section 73 of the CGST/SGST Acts …

Court Order Bench Signature Valid Cgst
Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court
2 weeks, 1 day ago

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court

Live Law  

The Karnataka High Court has held that the procedure of affixing a copy of the summons on the outer door or some other conspicuous part of the housein which the defendant ordinarily resides under Order V Rule 17 CPC, if he is not available to receive it, is a mandatory procedure and not a directory procedure. The court said “The …

Procedure Court Order Service Notice Kar Rule
Kerala High Court Lays Down Guidelines For Service Of Summons In Suits For Defendants Outside India
1 month, 1 week ago

Kerala High Court Lays Down Guidelines For Service Of Summons In Suits For Defendants Outside India

Live Law  

The Kerala High Court on Friday laid down guidelines regarding effecting service of summons in a suit where the defendants reside beyond India's borders. The Bench comprising of Justice Raja Vijayaraghavan V., Justice C. Jayachandran and Justice C. Pratheep Kumar was answering a reference by a Division Bench as to whether a summons issued by the Court to a defendant …

Court Kerala High Court Service Cpc Hague Parliament Defendant
Delhi excise policy case: SC adjourns Sisodia's bail hearing to August 5
4 months, 3 weeks ago

Delhi excise policy case: SC adjourns Sisodia's bail hearing to August 5

New Indian Express  

NEW DELHI: The Supreme Court adjourned former Delhi deputy CM Manish Sisodia’s plea challenging the Delhi High Court’s order rejecting his bail to August 5 in the excise policy-linked money laundering case. A two-judge bench of the top court, led by Justice B R Gavai and Justice K V Viswanathan said, "Let the ED reply be filed prior to Thursday. …

Delhi Filed Sisodia
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
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
8 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]

Live Law  

Citations 2024 LiveLaw 240 to 2024 LiveLaw 255 Arbitration and Conciliation Act 1996 Arbitration and Conciliation Act 1996; Section 78 – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred document into the …

India Kerala Supreme Court Public Order Court Maharashtra Habeas Corpus
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
Affidavit Necessary With Application Under S.156(3) CrPC; Directions In 'Priyanka Srivastava v. State of UP' Mandatory: Supreme Court
9 months, 2 weeks ago

Affidavit Necessary With Application Under S.156(3) CrPC; Directions In 'Priyanka Srivastava v. State of UP' Mandatory: Supreme Court

Live Law  

The Supreme Court, in its recent order, has stated that the directions passed by it in the decision of Mrs. Priyanka Srivastava & Anr. 6 SCC 287, are mandatory.The Division bench of Justices Sanjiv Khanna and Dipankar Datta was hearing a criminal appeal arising from the Telangana High Court's order. The Division bench of Justices Sanjiv Khanna and Dipankar Datta …

Supreme Court Court Uttar Pradesh Order Priyanka State High
Commercial Tax | Allahabad High Court Upholds Condonation Of 1365 Days Delay On Sufficient Cause
10 months, 3 weeks ago

Commercial Tax | Allahabad High Court Upholds Condonation Of 1365 Days Delay On Sufficient Cause

Live Law  

The Allahabad High Court has upheld condonation of delay of 1365 days by the Commercial Tax Tribunal in filing of appeal as it was sufficiently explained by the authorities. Revisionist-assesee approached the High Court against order of the Commercial Tax Tribunal condoning the delay of 1365 days on part of the Department in filing the appeal. Reliance was placed on …

Supreme Court High Court Tax Commercial Delay 1365 Days Commercial Tax
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
Chamber Judge Refers Appeal Against Registrar's Refusal To Accept Petition To Court As Matter Involves Interpretation Of Order
1 year, 1 month ago

Chamber Judge Refers Appeal Against Registrar's Refusal To Accept Petition To Court As Matter Involves Interpretation Of Order

Live Law  

The Supreme Court, comprising Justice K.V. Vishwanathan, while hearing an application assailing the registrar’s refusal order, observed that the matter involving Court’s interpretation does not fulfil the “ingredients” of Order XV Rule 5 of the Supreme Court Rules. Order XV Rule 5 reads as follows: “The Registrar may refuse to receive a petition on the ground that it discloses no …

Appeal Court Registrar Rule Chamber Order V Rule Order V
Plaintiff Obligated To Serve Summons Along With Plaint
1 year, 3 months ago

Plaintiff Obligated To Serve Summons Along With Plaint

Live Law  

The Supreme recently said that service contemplated under Order V Rule 2 of the Code of Civil Procedure, 1908, implies service of summons along with the copy of the plaint.A bench of Justice Aniruddha Bose and Justice Bela Trivedi, was hearing a challenge against an order of the original side of the Delhi High Court, Commercial Division. The Supreme recently …

Court Order Service Summons Plaint Order V Rule 2
OV R17 CPC | No Service Of Summons If Process Server Does Not Affix Notice On Door Or Conspicuous Part Of Defendant's Address: MP High Court
1 year, 7 months ago

OV R17 CPC | No Service Of Summons If Process Server Does Not Affix Notice On Door Or Conspicuous Part Of Defendant's Address: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the process server not affixing notice as per the provision under Order V Rule 17 CPC would be deemed to be an illegality and that it cannot be said to be an irregularity in the context of the second proviso to Order IX Rule 13 CPC. The bench comprising Justice …

Court Order Service Process Notice Cpc Rule
Before Resorting To OV R15 CPC, Must Show Defendant's Absent From Residence & No Likelihood Of Being Found: Jammu & Kashmir High Court
1 year, 9 months ago

Before Resorting To OV R15 CPC, Must Show Defendant's Absent From Residence & No Likelihood Of Being Found: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that before resorting to provisions contained in Order V Rule 15 of the CPC, it has to be shown that the defendant is absent from his residence at the time when the service of the summons is sought to be effected and there is no likelihood of his being found …

Trial Court Kashmir Order Jammu Cpc Rule
Indulging In Similar/Other Criminal Activities Reason For Bail Cancellation When Such Condition Imposed In Bail Order: Kerala HC Reiterates
1 year, 10 months ago

Indulging In Similar/Other Criminal Activities Reason For Bail Cancellation When Such Condition Imposed In Bail Order: Kerala HC Reiterates

Live Law  

The Kerala High Court recently reiterated that indulging in similar or other criminal activities would be a reason for cancellation of the bail, particularly, when there is such a condition imposed in the initial bail order. The Single Judge Bench of Justice A. Badharudeen, while dismissing a petition seeking the bail cancellation order passed by the court below to be …

Kerala Court Order Accused Reason This Case Petitioner
S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 3 months ago

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

Live Law  

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences …

Trial Court
IBC Cases Weekly Round Up: 20 June To 26 June, 2022
2 years, 5 months ago

IBC Cases Weekly Round Up: 20 June To 26 June, 2022

Live Law  

NCLAT Case Title: Prashant Agarwal v Vikash Parasprampuria Case No. 690 of 2022 The National Company Law Appellate Tribunal, New Delhi Bench, comprising of Justice M. Venugopal and Shri Kanthi Narahari, has stayed the constitution of the Committee of Creditors in the Corporate Insolvency Resolution Process of Bombay Rayon Fashions Ltd. : CP No.1337/MB/2020 The National Company Law Tribunal, Mumbai …

Corporate Insolvency Order Company Judicial Resolution Plan Nclt
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 …

Law High Court Judgment Procedure Court Civil Civil Procedure
Suo Motu Limitation Extension Orders Applicable To Filing Of Written Statements In Commercial Suits : Supreme Court
2 years, 10 months ago

Suo Motu Limitation Extension Orders Applicable To Filing Of Written Statements In Commercial Suits : Supreme Court

Live Law  

The Supreme Court observed that its suo motu limitation extension orders applies in relation to the period prescribed for filing the written statement in commercial suits. The court, referring to the relevant provisions contained in Order V Rule 1, Order VIII Rule 1 and Order VIII Rule 10 CPC regarding time limit for filing written statement and consequences of default, …

Supreme Court Court Civil Procedure Orders Order Statement Period
Commercial Courts Have The Power To Permit New Timeline For Submission Of Written Statement In Transferred Cases: Andhra Pradesh High Court
2 years, 10 months ago

Commercial Courts Have The Power To Permit New Timeline For Submission Of Written Statement In Transferred Cases: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently ruled that the Commercial Courts dealing with transferred cases from civil courts have the power to prescribe a new timeline for submission of written statement. Justice C. Praveen Kumar and Justice Ravi Nath Tilhari ruled as follows: "1) where the suit or application has been transferred to the Commercial Court under Section 15 of …

Court Commercial Power Courts Order Statement Cpc
Supreme Court Weekly Round Up
4 years, 1 month ago

Supreme Court Weekly Round Up

Live Law  

Supreme Court Orders Release Of Arnab Goswami From Jail; Says 'Personal Liberty Must Be Upheld' The Supreme Court on Wednesday granted interim bail to Republic TV anchor Arnab Goswami,who was arrested on November 4 and has been under judicial custody since then in a criminal case relating to abetment to suicide of interior designer Anvay Naik in 2018. A vacation …

Supreme Court High Court West Bengal Delhi High Court Order State Supreme
Insolvency Law In Review – September 2020
4 years, 2 months ago

Insolvency Law In Review – September 2020

Live Law  

The enactment of the Insolvency and Bankruptcy Code 2016 has had significant ramifications on the corporate insolvency landscape. In SREI Equipment Finance Limited v. Rajeev Anand & Ors, the Supreme Court held that an admission made in a counter affidavit of the Corporate Debtor, in a prior S.7 application, can be relied upon by the creditor in future S.7 applications …

Law Supreme Court Corporate Insolvency Resolution Application Order