Justice Thakker’s Code of Civil Procedure: The Landmark Commentary Returns in a Fully Updated Edition
Written by: Nilufer Bhateja*
civil procedure
Counsel cannot enter into compromise affecting property rights without express authority; Limitation cannot validate illegal compromise decree: Supreme Court
Supreme Court has held that a compromise under Order 23 Rule 3 CPC must be signed by the parties or a duly authorised representative, and that an advocate cannot bind a client to a compromise affecting valuable property rights solely on implied authority
SC restates principles on power, scope & grounds for Review Jurisdiction; Sets aside Madras HC review order on daughter’s status as co-parcener
“To wit through a review application, an apparent error of fact or law is intimated to the court, but no extra reasoning is undertaken to explain the said error”.
Delhi High Court allows appeal by Patanjali Ayurved against Meta Platforms Inc in a trademark suit; Directs Trial Court to decide matter afresh
The grievance of Patanjali Ayurved is that a video has been uploaded by respondent on the internet platforms owned by Meta Inc. having an advertisement of mens undergarments, wherein Patanjali’s trademark along with pictures of its brand ambassadors and directors are shown used unauthorizedly.
[O 26 Rule 10A CPC] Delhi High Court appoints IIT Mumbai as Expert Committee for scientific examination at NBCC Green View project
The Law Commission recommended an amendment of Section 75 CPC and insertion of new Rule 10A, 10B and 10C in Order 26 to meet its objective that there should be a special provision empowering the court to issue commissions for conducting scientific inquiries, when such an inquiry is needed for determination of any issue before the court as observed in its Fifty-Fourth Law Commission Report.
When can Courts dispense off with the requirement of notice u/s. 80, CPC? J&K and Ladakh HC elucidate
Jammu and Kashmir and Ladakh High Court: While deciding the instant appeal wherein substantial questions of law were raised vis-a-vis SectionS 80,
Ori HC | Words “or other proceedings” have to be read ejusdem generis with the words “original suits” for applicability under S. 115 CPC
Orissa High Court: Biswajit Mohanty, J. dismissed the revision petition being not maintainable. The facts of the case are such that the