C P C Whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor, Held, Acceptance of a conditional offer with a further condition does not result in a concluded Contract. January 17, 2021 sclaw
C P C (CPC) – Or 47 R 1 and S 114 – Review – Powers of review cannot be exercised as an inherent power nor can an appellate power can be exercised in the guise of power of review – November 7, 2020 sclaw
C P C C P C – Or 2, R 2 – Suit to include the whole claim – Plea of Bar – The plea of bar under Or 2, R 2 is a technical plea which has to be pleaded and satisfactorily established. If the plea of bar is not taken, the Court should not suo moto decide the plea. It cannot be raised before Supreme Court if not raised in the High Court. September 19, 2020 sclaw
C P C Civil Procedure Code, 1908 – Section 96 – Leave to appeal – It is well settled that a person who is not a party to the suit may prefer an appeal with the leave of the Appellate Court and such leave should be granted if he would be prejudicially affected by the Judgment – Mere saying that the appellants are prejudicially affected by the decree is not sufficient – Appeal dismissed. August 21, 2020 sclaw
C P C If a plaint is returned under Order VII Rule 10 and 10A, CPC, for presentation in the court in which it should have been instituted, HELD Suit in new Court has to Proceed De Novo on Return of Plaint. August 6, 2020August 6, 2020 sclaw
C P C Object of Order VII Rule 11 (a) CPC is that if in a suit, no cause of action is disclosed, or the suit is barred by limitation under Rule 11 (d), the Court would not permit the plaintiff to unnecessarily protract the proceedings in the suit. It states that the plaint “shall” be rejected if any of the grounds specified in clause (a) to (e) are made out. Hence suit filed after 3 years of registered deed is barred under, Art 59 Limitation Act. July 9, 2020 sclaw
C P C IMP ::: Pleadings–Court should confine its decision to the question raised in pleadings–Court cannot grant a relief which is not claimed and which does not flow from the facts and the cause of action alleged in the plaint. July 8, 2020 sclaw
C P C Civil Procedure–Summary suit – Leave to defend–Revision–Maintainability of–An order imposing a conditional leave to defend the suit was a jurisdictional question and, thus, a revision application would be maintainable. July 6, 2020 sclaw
C P C Review–Same relief which was turned down by Supreme Court has been sought for in the review application–Grant of interim order virtually granting relief prayed for in review is not permissible. July 5, 2020 sclaw
C P C Civil Procedure Code, 1908 (CPC) – Sections 10 and 25 – Succession Act, 1925 – Section 270 – Suit for partition – Transfer of – A petition u/s 25 of the Code, however, is not decided on consideration on the “First past the post” . Bombay High Court, which is hearing the Testamentary petition (Probate), will decide the partition suit as well. June 28, 2020 sclaw
