19 August 2019

Search Results for Tag : Suit


Sufficient grounds for withdrawal of suit(07.08.2015)

Petitioner seeking to withdraw suit because issue is to be decided in another pending petition constitutes 'sufficient grounds'. The Court noted that .....

Tags : suit, withdraw, sufficient ground


'Judgment on admissions' not suitable when objections raised go to the root of the case(12.08.2015)

In an appeal against an order of the trial court passed on the admission of a landlord-tenant relationship, the Supreme Court found the same inappropr.....

Tags : judgment on admission, inappropriate, unsuitable


Prominent Hotels Ltd. suit for injunction against eviction not maintainable(11.09.2015)

Setting aside the judgment of the trial court, the Delhi High Court pronounced Prominent Hotels’ suit for declaration and injunction against the NDMC .....

Tags : Hotel, eviction, lease, maintainability, suit


A Court cannot make a new case, not made out by parties in their pleadings(03.04.2017)

Instant revisional application under Article 227 of Constitution of India, at instance of pre-emptor in a proceeding for pre-emption under West Bengal.....

Tags : Suit, Pre-emption, Validity


Consent of Charity Commissioner is necessary for institution of suit of nature specified in Section 50 of MPT Act(12.06.2017)

Challenge in present appeal is to impugned orders made by City Civil Court at Bombay rejecting plaint in Appellant's Suit under Order 7 Rule 11(d) of .....

Tags : Suit, Maintainability, Adequate remedy


A minor can bring a suit within a specified time after the termination of his minority and/or during the subsistence of his minority, through his next friend(30.08.2017)

Defendant is the Appellant against a confirming judgment. Case of the Defendant is that, the suit land is his ancestral homestead. He is in possession.....

Tags : Suit, Minor, Maintainability


Jurisdiction of the Court is required to be determined with respect to the situs of the property(07.04.2018)

In facts of present case, the Respondents filed a suit for declaration seeking to declare a communication dated 04th October, 2013 issued by Petitione.....

Tags : Suit, Situs, Jurisdiction


Anti-suit injunction should be granted sparingly and not as a matter of routine(17.04.2018)

In instant case, the marriage between Appellant-husband and Respondent-wife was solemnized on 20th February, 1995 as per Hindu rites and two children .....

Tags : Anti-suit injunction, Decree, Grant


Document containing contract to transfer right, title or interest in an immovable property for consideration is required to be registered, if party wants to rely on same(04.07.2018)

Instant appeal emanates from the decision of the High Court dated 2nd December, 2016 allowing the application preferred by Respondent Nos. 1 & 2 (Defe.....

Tags : Suit agreement, Document, Admissibility


When suit is filed on basis of an open, mutual and current account, limitation commences at end of financial year for which the transactions are entered into(24.08.2018)

Present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the Plaintiff in the suit impugning the Judgment .....

Tags : Suit, Time barred, Validity


Right of appeal is not restricted to parties to suit only(30.11.2018)

Instant petition has been preferred by Petitioner under Section 104 of the Constitution of Jammu and Kashmir read with Article 227 of the Constitution.....

Tags : Status quo, Independent suit, Remedy


Payment of rent or monetary consideration are not required to be proved by affirmative evidence as same may have been made secretly in case of sub-tenancy(01.02.2019)

The Plaintiff instituted suit against the Defendants for recovery of possession, alleging that Defendant No. 1 remained in arrears of rent and other c.....

Tags : Eviction, Suit premises, Subletting


Courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred(15.03.2019)

In facts of present case, the dispute relates to 4/5th share in the suit land. The suit land was subjected to ceiling proceedings under the Haryana Ce.....

Tags : Suit, Maintainability, Jurisdiction



Supreme Court: Alienation of Suit Property not Invalid During Pendency of Suit(14.08.2019)

Supreme Court has ruled that the effect of doctrine of Lis Pendens is not to annul all the transfer effected by the parties to a suit but only to rend.....

Tags : Supreme Court, Suit Property


Supreme Court: Eviction Suit By Co-owner With ‘No Objection From Other Owners’ Maintainable(24.03.2017)

Supreme Court has reiterated that a co-owner can alone maintain a suit for eviction of tenant without joining other co-owners if such other co-owners .....

Tags : Supreme Court, Eviction Suit


CRIMINAL - “Sufficient Ground” for Withdrawal Of Suit in O 23 R 1(b) CPC Not Limited To Formal Defect: Orissa HC(19.03.2019)

Orissa HC while answering a reference arising out of conflicting judgments held that expression "sufficient grounds" occurring in Order 23, Rule 1(b) .....

Tags : Orissa HC, Withdrawal of Suit, CPC, Order 23 Rule 1(b)


CIVIL - “Sufficient Ground” for Withdrawal Of Suit in O 23 R 1(b) CPC Not Limited To Formal Defect: Orissa HC(19.03.2019)

Orissa HC while answering a reference arising out of conflicting judgments held that expression "sufficient grounds" occurring in Order 23, Rule 1(b) .....

Tags : Orissa HC, Withdrawal of Suit, CPC, Order 23 Rule 1(b)


Delhi HC to Transfer Commercial Suits Valued at or Below Rs.2 Crores to District Courts(31.01.2019)

Delhi High Court has issued a circular to transfer all commercial suits valued at or below Rs. 2 crores pending before it to respective District Court.....

Tags : Delhi High Court, Commercial Suits


Don’t List Certain IPR Suits Before 3 Judicial Officers: Delhi High Court(18.10.2018)

Delhi High Court, taking note of allegations of forum shopping involving three judges, has directed that IPR cases filed by certain litigants be not l.....

Tags : Delhi High Court, IPR Suits


Suitability of Candidate can be Considered Even After Disclosure by Him of Pending Criminal Cases: SC(27.11.2018)

Supreme Court has observed that even after disclosure is made by a candidate about criminal cases pending against him, the employer would be well with.....

Tags : Supreme Court, Suitability of Candidate


Bombay HC: No Formula to Determine Period of Limitation for Filing Administration Suit(07.05.2018)

Bombay High Court while allowing a man to claim rights as a beneficiary to an estate under a will over three years after a parent's death has held tha.....

Tags : Bombay High Court, administration suit, limitation


Kerala High Court: Suits Instituted As Against Private Persons Can't be Dismissed u/s 80 CPC(28.06.2018)

Kerala High Court has held that suit instituted as against private persons cannot be dismissed under Section 80 of CPC even if the cause of action aga.....

Tags : Kerala High Court, Suit, Notice



Delhi High Court (Amendment) Act, 2015(11.08.2015)

The Delhi High Court (Amendment) Act, 2015 became Act No. 23 of 2015. It amends the Delhi High Court Act, 1966, raising the value of suits in which th.....

Tags : delhi high court, district court, suit value


International Cases

A person who suffers damage as a result of malicious prosecution of a civil suit against him is entitled to recover that damage(20.07.2016)

Principal issue in instant appeal is relating to prosecution of civil proceedings in tort of malicious prosecution. Instant appeal is from a decision .....

Tags : Malicious prosecution, Civil suit, Damages


A trustee is entitled to the benefit of the lapse of time when, although he had done something legally or technically wrong, he had done nothing morally wrong or dishonest(28.02.2018)

Present appeal raises a well-formulated issue as to the construction of Section 21 of the Limitation Act 1980, and a rather more diffuse question as t.....

Tags : Fraud, Summary judgment, Suitability