Code of Civil Procedure 1908
2nd Jun, 2015
The parties assume that a witness can be examined in any order and the parties can also bring their own versions at any time they wish. Any breach of this rule has to be viewed […]
20th Apr, 2015
Section 9A provides a self-contained scheme with a non-obstante clause which mandates the court to follow the provision and at the same time is a complete departure from the provisions contained in Order XIV Rule […]
18th Mar, 2015
It is only when the defendant is taken by surprise of the fraud played by the plaintiff that he can challenge the decree or foreign judgment on the ground of fraud.
7th Mar, 2015
In this particular matter the dispute was between lender-Sundram Finance and borrowers-Respondent no. 1 and 2. A suit was instituted by the Respondents, wherein an application under Section 8 of Arbitration and Conciliation Act, 1996 […]
5th Mar, 2015
The principles governing the grant of anti-suit injunction being essentially an equitable relief, the Courts in India has the powers to issue anti-suit injunction to a party over whom it has personal jurisdiction in an […]
5th Mar, 2015
Setting aside of ex-parte decree under Order XXXVII Rule 4 of the Code cannot be allowed in routine and special circumstances are required to be established. However, the expression “special circumstances” has to be construed […]
22nd Feb, 2015
While exercising the power under Order 7 Rule 11, the Court has to read averments in the plaint as a whole to find out whether it discloses a cause of action or whether the suit […]
20th Jan, 2015
The Court held that the condition “as is whereas basis” does not mean that property may not be in existence at all.
1st Dec, 2014
In order to claim the proprietory right on the trade mark of the exporter, the importer has to show that the mark has become inextricably connected with him in the eyes of the public.
1st Dec, 2014
An agreement or compromise should not be deemed to be lawful if the same is void or voidable under Indian Contract Act, 1872.
21st Aug, 2014
Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of Order XXIII Rule […]
21st Aug, 2014
Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue