Code of Civil Procedure 1908

1st Sep, 2017

Long possession of property does not entitle to protection from dispossession

The Delhi High Court in Krishan Lal vs. Union of India and Ors. decided on08.08.2017 following the judgment of the Hon’ble Supreme Court in the case of Behram Tejani and Others v. Azeem Jagani (2017) […]
10th Aug, 2017

Power of Court in revision jurisdiction is limited

  The Hon’ble Supreme Court in the matter of Gandhe Vijay Kumar Vs. Mulji, Civil appeal no. 1384 of 2011 decided on 27th July, 2017 while deciding upon the powers of the Hon’ble High Court […]
11th May, 2017

Court auction sale cannot be set aside just for asking

The Supreme Court Chilamkurti Bala Subrahmanyam
vs. Samanthapudi Vijaya Lakshmi; Civil Appeal No. 5988 of 2007 has held that for setting aside a court auction sale a charge of fraud or material irregularity under Order 21 […]
2nd May, 2017

Parties by an Agreement can confer jurisdiction upon a Court in Arbitration matters

Supreme Court in the matter of Indus Mobile Vs. Datawind Innovations; Civil appeal no. 5370-5371/2017 in a landmark judgment has modified the understanding of law with regard to jurisdiction of Court. Age old law that […]
17th Mar, 2017

Litigants abusing the process of law should be dealt with harshly

Hon’ble Supreme Court in the matter of Dnyandeo Sabaji Naik Vs Pradnya Prakash Khadekar; SLP(C) no. 25331-33 of 2015 vide judgement dated 1st March, 2017 held that this Court must view with disfavour any attempt […]
2nd Mar, 2017

A suit for specific performance cannot be allowed to be converted into a suit for title of a stranger and for possession by allowing impleadment of parties claiming title over the property.

The Bombay High Court held that a suit for specific performance cannot be allowed to be converted into a suit for title of a stranger and for possession by allowing impleadment of parties claiming title […]
19th Feb, 2017

Which orders can be appealed against under Commercial Courts Act #indianlaws

Division Bench of Delhi High Court in the matter of HPL (India) Limited Vs. QRQ Enterprise, FAO (OS) (COMM) No. 12/2017 was considering the effect of Section 13 of Commercial Courts, Commercial division and Commercial […]
19th Feb, 2017

Courts cannot impose unlimited costs in civil proceedings #indianlaws

Division Bench of Delhi High Court in the matter of Bikramjit Ahluwalia Vs. Avnija Ahluwalia FAO(OS) 173/2016 held that there is no question of exercising of inherent powers contrary to the specific provisions of the […]
18th Feb, 2017

Akshay Mehta and Ors. Vs. Usha Dutta and Ors.

Delhi High Court J Sanjeev Sachdeva 05.12.17 Application under O. VII R.17 CPC Facts: Defendant Nos. 2 to 4 seek amendment of the Written Statement dated 22.10.2007 as it was was not prepared at the […]
13th Feb, 2017

What is “sufficient cause” in terms of order 37 Rule 4 CPC #indianlaws

Bombay High Court in the matter titled as Purnendu Shekhar Mal Jain Vs. ACG Associated Capsules Private Limited in Appeal (L) no. 98 of 2016 decided on 1st Feb, 2017 held that the words “special […]
12th Feb, 2017

First Appeal is a valuable right of a litigant.

Supreme Court held that the right to file first appeal against the decree under Section 96 of the Code is a valuable legal right of the litigant. The jurisdiction of the first Appellate Court while […]
30th Jan, 2017

Scope of review under Code of Civil Procedure restated

The Delhi High Court held that to invoke review jurisdiction, there must be a glaring omission, patent mistake or a grave error in the impugned judgment. An order or decision or judgment cannot be corrected […]