Mutation Entries Do Not By Themselves Confer Title
It is well settled that mutation entries do not by themselves confer title which has to be established independently in a declaratory suit, There are many Apex Court judgments which…
‘Bordering On Professional Misconduct’: Supreme Court To Proceed Against A Lawyer For Speculating About Outcome Of A Pending Appeal
“Be that as it may, during the pendency of the stated suit for declaration and for direction to handover custody of the minor child, an application had been moved by…
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.
SUPREME COURT OF INDIA DIVISION BENCH M/S. PADIA TIMBER COMPANY(P) LIMITED — Appellant Vs. THE BOARD OF TRUSTEES OF VISAKHAPATNAM PORT TRUST THROUGH ITS SECRETARY — Respondent ( Before :…
(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 –
SUPREME COURT OF INDIA DIVISION BENCH SHRI RAM SAHU (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. VINOD KUMAR RAWAT AND OTHERS — Respondent ( Before : Ashok Bhushan and…
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.
SUPREME COURT OF INDIA DIVISION BENCH B. SANTOSHAMMA AND ANOTHER — Appellant Vs. D. SARALA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Indira Banerjee, JJ.…
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.
SUPREME COURT OF INDIA FULL BENCH SRI V.N.KRISHNA MURTHY AND ANOTHER — Appellant Vs. SRI RAVIKUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao, Krishna Murari and…
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.
SUPREME COURT OF INDIA FULL BENCH M/S. EXL CAREERS AND ANOTHER — Appellant Vs. FRANKFINN AVIATION SERVICES PRIVATE LIMITED — Respondent ( Before : R.F. Nariman, Navin Sinha and…
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.
SUPREME COURT OF INDIA DIVISION BENCH DAHIBEN — Appellant Vs. ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR. LRS. AND OTHERS — Respondent ( Before : L. Nageswara Rao and Indu Malhotra,…
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.
2009(2) LAW HERALD (SC) 745 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal Nos. 5798-5799 of…
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.
Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7314 of 2008 Wada Arun Asbestos (P) Ltd. v. Gujarat Water Supply & Sewerage…