2024 SCC Vol. 3 Part 3
Civil Procedure Code, 1908 — S. 75(c), Or. 26 Rr. 10-A, 9 and 10: Direction of trial court to Director of Archaeological
civil procedure code
Issue of limitation cannot be decided without recording of evidence, once it becomes a mixed question of law and fact: Delhi High Court upholds Trial Court’s dismissal of Order 7 Rule 11
Delhi High Court held that the dismissal of the petitioner’s application under Order VII Rule 11 CPC was warranted, emphasizing the need to focus solely on the allegations in the plaint at the preliminary stage because the issues regarding limitation and adverse possession required further evidence and examination, which could not be resolved without a full trial.
2023 SCC Vol. 10 Part 5
Civil Procedure Code, 1908 — S. 11 — Res judicata: Only determinations which are essential or fundamental to the substantive decision, and
2023 SCC Vol. 10 Part 4
Central Vigilance Commission Act, 2003 — S. 25 r/w FR 56 — Tenure of Director of Enforcement: Permissibility of continuation of tenure
Bombay High Court refuses to set aside injunction order passed in favour of Marico Limited product under its brand Parachute
It is no defence to state that others have also infringing the marks/labels of the Plaintiff as the Defendant cannot seek shelter behind other infringers or potential infringers.
2023 SCC Vol. 9 Part 5
Border Security Force Rules, 1969 — Rr. 142, 143, 43, 45, 48, 49, Appendices IV and VI: Strict adherence to procedural safeguards
2023 SCC Vol. 9 Part 2
Civil Procedure Code, 1908 — Or. 21 R. 95: Starting point of limitation application under Or. 21 R. 95, by auction-purchaser for
Delhi High Court sets aside direction furnishing bank guarantee being violative of principles underlying Order 38 Rule 5 CPC
Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.
Part rejection of plaint impermissible under Order VII Rule 11 of CPC: Supreme Court
“The approach adopted by the High Court is incorrect and contrary to the well-entrenched principles of considering an application under Order VII Rule 11 of CPC.”
Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher: Supreme Court
“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”
Importance of Interim Relief in Intellectual Property Litigation and Impact of the Commercial Courts Act
by Tahir Ashraf Siddiqui† and Sameer Mishra††
2023 SCC Vol. 7 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable
Bombay High Court | No ‘right to sue survives’ to the married daughter to claim for enhancement of maintenance in respect of deceased mother
The phraseology “right to sue survive” used under Order 22 Rule 1 means right to seek relief. The general rule is that cause of action whatsoever existing in favour or against a person at the time of his death survives to or against his legal representatives.
2023 SCC Vol. 6 Part 3
Civil Procedure Code, 1908 — Or. 21 Rr. 84, 85 and 90 — Auction-sale whether vitiated — Non-compliance with mandatory provisions of
In a suit for partition, Civil Court cannot go into the question of title, unless the same is incidental to fundamentals of claim: SC
The Court said that allegations of fraud require special pleadings in terms of Order VI, Rule 4 CPC, 1908.
2023 SCC Vol. 5 Part 3
Arbitration and Conciliation Act, 1996 — S. 29-A (as amended w.e.f. 30-8-2019) — Time-limit for making award: Time-limit stipulated in this section,
2023 SCC Vol. 4 Part 5
Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex
Explained | Supreme Court explains the amendment of plaint under Order 6 Rule 17 of CPC and maintainability of fresh suit as per Order IX Rule 9 of CPC
Supreme Court said that if the alternative plea introduced by plaintiff through an amendment is one which the defendant set up in his written statement, although inconsistent with the original plea, the Court is not precluded from allowing the amendment if it does not prejudice the defendant.
Kerala High Court upholds Commercial Court’s refusal to accept delayed written statement
Referring to the amended portion of Commercial Courts Act, 2015 with Supreme Court’s interpretation, Kerala High Court found the Commercial Court’s refusal for acceptance after delay in filing written statement beyond 120 days justified.