Section 115 CPC Archives

Challenge to Arbitral Award by Legal Representatives

Legal Representatives Must Challenge Arbitral Awards Under Section 34, Not Article 227 or Section 115 CPC: Supreme Court

“Scheme of the Arbitration Act does not envision arbitration proceedings to cease with the death of a party. Section 35, Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’.”

Case Briefs High Courts

MP HC | Claim of share in the properties or right of succession are not pure questions of law instead they are mixed question of law and fact; Court dismisses revision warranting interference under S. 115 of CPC

Madhya Pradesh High Court: Rohit Arya, J., dismissed a revision petition which was filed after the dismissal of Petitioner’s application under Order

Case Briefs High Courts

Bom HC | Prayer for withdrawal and liberty to file fresh suit cannot be split into two: plaintiff entitled to file fresh suit even if no express liberty given

Bombay High Court: Sandeep K. Shinde, J. dismissed an application filed under Section 115 CPC taking exception to the order of the Civil

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

Del HC | Discrepancy of not filing “leave to defend” under Or. 37 R. 3(5) in response to summary suit could be ignored in interest of justice

Delhi High court: Vibhu Bhkaru, J. dismissed a revision petition filed under Section 115 CPC impugning an order passed by the Additional District

Case Briefs High Courts

Guj HC | Applicability of S. 115 CPC can’t be exercised in a routine manner in absence of any perversity

Gujarat High Court: A Bench of A.J. Shastri, J. dismissed a petition being devoid of merit as the case did not fall

Case Briefs High Courts

Clause ousting jurisdiction of courts held valid, Gauhati HC directs petitioner to pursue remedy before Delhi courts

Gauhati High Court: A Single Judge Bench comprising of Kalyan Rai Surana, J. dismissed a revision petition filed under Section 115 CPC