2023 SCC Vol. 10 Part 5
Cases ReportedSCC Weekly

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
Cases ReportedSCC Weekly

Central Vigilance Commission Act, 2003 — S. 25 r/w FR 56 — Tenure of Director of Enforcement: Permissibility of continuation of tenure

bombay high court
Case BriefsHigh Courts

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
Cases ReportedSCC Weekly

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
Cases ReportedSCC Weekly

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
Case BriefsHigh Courts

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
Case BriefsSupreme 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.”

dismiss execution petition
Case BriefsSupreme 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.”

intellectual property litigation
Op EdsOP. ED.

by Tahir Ashraf Siddiqui† and Sameer Mishra††

2023 SCC Vol. 7 Part 2
Cases ReportedSCC Weekly

Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable

bombay high court
Case BriefsHigh Courts

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.

scc-vol-6_3
Cases ReportedSCC Weekly

Civil Procedure Code, 1908 — Or. 21 Rr. 84, 85 and 90 — Auction-sale whether vitiated — Non-compliance with mandatory provisions of

shivdev sharma
Interviews

Interviewed by Achintaya Soni

partition suit
Case BriefsSupreme Court

The Court said that allegations of fraud require special pleadings in terms of Order VI, Rule 4 CPC, 1908.

scc-vol_5-part-3
Cases ReportedSCC Weekly

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
Cases ReportedSCC Weekly

Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex

Order IX Rule 9 CPC
Case BriefsSupreme Court

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
Case BriefsHigh Courts

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.

2023 SCC Vol. 2 Part 1
Cases ReportedSCC Weekly

Civil Procedure Code, 1908 — S. 11 — Res judicata — Applicability: Findings on issue(s) which actually fell for consideration in the

Cases ReportedSCC Weekly

Arbitration and Conciliation Act, 1996 — Ss. 20 and 42 r/w S. 2(1)(e) — Jurisdictional seat of arbitration once fixed under S.