Know Thy Judge | Supreme Court of India: Justice S.V. Bhatti
Justice Bhatti served as Chief Justice of Kerala High Court for 1 month before being elevated to the Supreme Court on 14-07-2023.
written statement
Accuracy of averment made in written statement must be decided by Trial Court on conclusion of evidence at time of suit’s final determination: SC
Counsel for the appellant argued that allegations in the FIR do not constitute any offence. If any averment made in the written statement or the affidavit filed before the Civil Court is incorrect or false, it is for the Civil Court to decide the same.
‘Forcing to file written statement during mediation will hamper entire mediation process’: Delhi HC excludes time spent in mediation for calculating limitation to file written statement
Forcing the parties to file a written statement or to complete the pleadings during the process of mediation will prevent the parties in freely communicating with each other, which they have not been able to do since the dispute started.
‘Acted in irresponsible and negligent manner while defending its case’; Punjab and Haryana HC dismisses petition to set aside ex parte proceedings
No sufficient reason was mentioned by the petitioner for the delay in filing the written statement and apparently blunt excuse was provided that the representative of the petitioner fell ill and no instructions could be issued to the Advocate.
Filing of written statement after expiry of 30 days can be accepted only if there is an application in writing for condonation of delay: Madras HC
If the power is given to do a certain thing in a certain way, the thing must be done in that way.
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.
Inside Supreme Court verdict on importance of question of jurisdiction at the stage of granting interim relief
“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”
Calcutta High Court upholds amendment to written statement under Order VI Rule 17 CPC, emphasising necessity for effective adjudication
The Calcutta High Court noted that the amendment did not change the suit’s nature fundamentally and would not cause undue prejudice to the petitioner.
Calcutta High Court criticises trial court for allowing Counter-Claim after filing of written statement
The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.
Can time limit for filing written statement be extended? Calcutta High Court explains
The Calcutta High Court observed that “conduct of the defendant is also to be looked into” and accepted the written statement of 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.
Bar under Order II Rule 2 CPC cannot apply to an amendment sought on an existing suit; Supreme Court lays down Principles for Amendment of Pleadings
Supreme Court: On the question as to whether Order II Rule 2 CPC can be made applicable to an application for amendment
AP HC | Signatures on the Vakalat and the Written Statement cannot be considered as signatures of comparable and assured standard for want of expert opinion under S. 45 Evidence Act
Andhra Pradesh High Court: Ninala Surya, J., decided to not interfere with the impugned order and dismissed the civil writ petition. The
Ker HC | A case of wanton negligence and callousness of petitioner; HC rejects application for amendment making inconsistent and alternative pleadings in written statement
Kerala High Court: V.G.Arun, J., held that no amendment can be allowed in written statement where it seeks to change former admissions.
When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference
Madras High Court: Dr G. Jayachandran, J., refused to pass a decree in favour of the plaintiff who relied on general admission
Kar HC | Addition of a new ground of defence or substituting or altering defence or taking inconsistent pleas in written statement would not be objectionable, while adding, altering or substituting a new cause of action in the plaint may be objectionable
Karnataka High Court: Krishna S. Dixit J. set aside the impugned order and allowed the petition. The facts of the case are
Del HC | Permission to amend written statement after plaintiff’s evidence denied in view of proviso to Order 6 Rule 17 CPC
Delhi High Court: Pratibha M. Singh, J., dismissed a petition filed against the order of the trial court whereby it had rejected the
Bom HC | S. 16 of Commercial Courts Act to be interpreted literally; amendments brought in CPC applicable only to Commercial Disputes of a ‘Specified Value’
Bombay High Court: S.J. Kathawalla, J., addressed the review petition against its own Judgment passed in the case of Axis Bank Ltd.
Del HC | Accused’s application for advance copy of questionnaire in terms of S. 313(5) CrPC rejected in absence of any exceptional circumstances
Delhi High Court: Chander Shekhar, J. dismissed a criminal revision petition filed against the order of the Additional Sessions Judge whereby he refused
Del HC | Plea taken by defendant in written statement is wholly irrelevant at the stage of deciding Or. 7 R. 11 CPC application
Delhi High Court: Vinod Goel, J. dismissed a petition impugning the order passed by Civil Judge whereby defendant’s application under Order 7 Rule 11