Code of Civil Procedure 1908

18th Sep, 2018

Jurisdiction of the Court for Trademark Infringement can be invoked under CPC or Trade Marks Act

The Delhi High Court in the instant matter gave a wide interpretation as to what constitutes “use of a trade mark”. Court has held that in a trade mark action, use of mark includes not […]
17th Sep, 2018

The tenant is liable to pay mesne profit even if he continued to pay the monthly rent after the termination of the lease deed

In a recent judgment, the Delhi High Court, held that the mere acceptance of rent does not amount to waiver of notice to quit unless there is any other evidence to prove or establish that […]
14th Sep, 2018

Principle of Molding Relief can’t be invoked at an Interlocutory Stage

The Supreme Court has observed that principle of molding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory stage. […]
31st Aug, 2018

Under Section 47 of the Code of Civil Procedure 1908, only the Executing Court has the power to determine whether the decree has been satisfied.

In a recent judgment, the Hon’ble Supreme Court of India observed and held that it is the manifest duty of the executing court to execute the decree as it stands, without adding anything to it. […]
24th Aug, 2018

If the defendant fails to pursue his case or does so in a lackadaisical manner by not filing his written statement in a commercial suit, the courts should invoke the provisions of Order VIII Rule 10 to decree such cases.

In a recent judgment, the High Court of Delhi observed and held that Order VIII Rule 10 has been inserted by the legislature to expedite the process of justice. The courts can invoke its provisions […]
22nd Aug, 2018

It is for the Plaintiff to prove his case and Plaintiff cannot call upon the Court to order investigation by appointing expert under Order XXVI Rule 10-A

In a recent judgment, the Himachal Pradesh High Court, held that taking into consideration any dispute which does not require a local or scientific investigation, the Plaintiff cannot call upon the Court to order investigation […]
1st Aug, 2018

Facts suppressed and misrepresented in plaint cannot be amended in order to bring the same on record at a later stage under Order VI Rule 17

In a recent judgment, the Delhi High Court, held that when a party fails to approach the Court with clean hands by suppressing and/or fabricating material facts, such a party ought to be disentitled from […]
31st Jul, 2018

If an Executor to a Will fails his duty, the beneficiaries/legatees to that Will may intervene.

In a recent judgment, the Delhi High Court, held that in case of a petition for probate of a Will, if the executor fails in his duty, any of those whom he represents are entitled […]
28th Jul, 2018

Final Decision by an Adjudicatory Authority, if not challenged would be res judicata in a later proceeding between the parties

The Delhi High Court in Bayerische Motoren Werks AG  vs Madan Walia RFA No. 602/2005 decided on  9th July, 2018 held that the issues between the parties already stand decided by the judgment of Intellectual […]
26th Jul, 2018

When in a previous suit between the same parties, the Plaintiff has failed to prove ownership to suit property, subsequent suit on the same point shall be barred as res-judicata

The High Court of Delhi in a recent judgement held that if an issue pertaining to ownership of a particular property has been previously decided in another suit between the same parties, the subsequent suit […]
24th Jul, 2018

Written Statement of Defendant can still be looked into when the defense has been stuck off under Order XVA.

The High Court of Delhi in a recent judgement held that even if the defense of the Defendant/Tenant has been struck off, the Written Statement filed by the said Defendant can be relied upon by […]
13th Jun, 2018

Ratio of Commissioner of Wealth Tax, Kanpur and Ors. Vs. Chander Sen and Ors reiterated

The Delhi High Court reiterated the law laid down in the landmark judgment of Commissioner of Wealth Tax, Kanpur and Ors. vs. Chander Sen and Ors. – if a person dies after passing of the […]