plaint Archives | SCC Times

General or evasive denial not sufficient; Supreme Court advocates for para-wise reply to plaint

The Supreme Court was dealing with a matter pertaining to the genuineness of a registered Will executed by the testator in favour of his brother’s daughter without any mention of his widow or daughter.

Case Briefs High Courts

Kerala High Court | Court fee cannot be refunded after the suit decided on merits

Kerala High Court observed that when the suit is dismissed on finding that it is barred by law, the court fees cannot be refunded.

Case Briefs Supreme Court

Explained| Order 6 Rule 17 CPC: Doctrine of dominus litus for amendment of plaint

Supreme Court: The Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., explained the legal propositions governing Order 6 Rule

Case Briefs High Courts

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,

Case Briefs High Courts

Law on Rejection of Plaint | Contents of plaint or Examining sufficiency of plaint? Del HC explains the bounden duty of Court

Delhi High Court: Prateek Jalan, J., expressed that, For the purposes of an order under Order VII Rule 11 of the CPC,

Case Briefs Supreme Court

Law on rejection of plaint under Order VII Rule 11 of CPC as explained by the Supreme Court

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has lucidly explained the law on rejection of plaints under Order VII Rule 11 of CPC

Case Briefs High Courts

Ker HC | Proviso to Or. VI R. 17 of Code curtails absolute discretion of Court to allow amendment at any stage of suit, it has to be shown that in spite of due diligence, such amendment could not have been sought earlier; legal position reiterated

Kerala High Court: R. Narayana Pisharadi, J., while allowing the instant petition, set aside the order of trial Court, thereby allowing the

Case Briefs High Courts

Del HC | Husband citizen and domicile of USA, Can he raise objections on divorce proceedings filed by wife in India? Court decrypts the law in light of catena of SC’s decisions

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while observing a matrimonial application, observed that, The plaint must

Case Briefs High Courts

HP HC | Non-joinder of proper parties cannot be said to be a formal defect to seek liberty under Or. XXIII, R. 1(3) read with S. 151 CPC rather can be cured by filing impleadment/amendment of plaint

Himachal Pradesh High Court: Sandeep Sharma J., upheld the impugned judgment and dismissed the petition. The facts, in a nutshell, are that

Case Briefs Supreme Court

De Novo trial to be conducted of a plaint returned under Order VII Rule 10 and 10A of CPC

Supreme Court: Answering a reference the 3-judge bench of RF Nariman, Navin Sinha and Indira Banerjee, JJ has held that if a

Case Briefs High Courts

MP HC | Plaint filed under Or. 7 R. 11 CPC can be rejected based on grounds mentioned in Rule 11 or if the cause of action has not been disclosed

Madhya Pradesh High Court: Prakash Shrivastava, J., dismissed the revision petition filed by the respondents under Section 115 CPC where they challenged

Case Briefs High Courts

While dealing with a prayer for rejection of counter-claim, Court must examine whether rejection would have the effect of striking off the defence

Hyderabad High Court: In the instant appeal, the question arose that whether a counter-claim can be rejected in terms of Order