Code of Civil Procedure 1908
11th Dec, 2018
In a recent judgment, the Delhi High Court, held that enjoyment of a property without payment of any charges by the occupier who is not an owner is impermissible. The said ruling was delivered in […]
8th Dec, 2018
The Hon’ble High Court of Delhi rejected the contention of the Appellant challenging the dismissal of his application under Order IX Rule 13 by the Trial Court. The Delhi Court held that the litigant owes […]
6th Dec, 2018
In a recent judgment, the Delhi High Court observed in a reference under Section 113 of the Civil Procedure Code, 1908 on the Mediation and Conciliation Rules of 2004, that if there exists an agreement […]
24th Nov, 2018
The Delhi High Court has held that a bank guarantee cannot be injuncted from being encashed on the pretext that the condition for enforcing the bank guarantee in terms of the agreement entered between the […]
23rd Nov, 2018
In a summary suit, if the defense taken by the defendant is substantial in nature or if the issues so raised appear to be genuine and triable, the Plaintiff will not be entitled to judgment […]
23rd Nov, 2018
The Hon’ble High Court of Delhi held that the subsequent suit for restraining passing off is not barred under Order II Rule 2 of the Code of Civil Procedure 1908, as the cause of action […]
22nd Nov, 2018
The Delhi High Court has taken a view that Court has power to grant interest in the decree under Section 34 CPC even in cases where the statute does not make any specific provision for […]
20th Nov, 2018
The Delhi High Court relying on Order XIII-A of the Commercial Courts Act, 2015 held that where the defendant has no real prospect of defending the claim, a summary judgement may be passed without any […]
15th Nov, 2018
The Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title of the Plaintiff. The said decision was made in the […]
31st Oct, 2018
The Delhi High Court clarified that only an issue which is of a legal nature and affects the jurisdiction of the court falling within the meaning of Order XIV Rule 2 of Code of Civil […]
26th Oct, 2018
In an application filed under Order IX Rule 13, it was opined that sufficient cause is when Defendant has bona fide intention to be present before Court when called upon to do so. This was […]
23rd Oct, 2018
A peculiar situation came before the Bombay High Court in the matter of M/s Corporation Bank vs. Hon’ble Chief Metropolitan Magistrate (Writ Petition No. 11729/2018) which was decided on 22nd October, 2018. In this matter […]