Charan Lal Sahu v. Giani Zail Singh, (1984) 1 SCC 390 must clearly govern the present case. It is settled, where a person has no interest at all, or no sufficient interest to support a legal claim or action, he will have no locus standi to sue. The entitlement to sue or locus standi is […]Read more "Maintenance of Election Petitions"
See, Frame v. Smith,  2 SCR 99. Hospital Products Ltd. v. United States Surgical Corporation Ltd., (1984) 156 CLR 41 rightly observed, the scope of fiduciary duties is moulded according to the nature of the relationship and facts of the case. Principles of Fiduciary Relationships are equitable. Equity never operates in an absolute manner […]Read more "Principles of Fiduciary Relationships"
It is not always affordable to approach a Court of Law. Even if approached, it may be years before a final decision. Imtiyaz Ahmad v. State of Uttar Pradesh, (2012) 2 SCC 688 had a simple answer: “Pendency is merely a localized problem, in the sense that it affects some High Courts far more than […]Read more "The Persistent Illusion of Judge-Strength"
The words ‘any other sufficient reason’ appearing in Order 47, Rule 1 of The Code of Civil Procedure, 1908 must mean a reason sufficient on grounds at least analogous to those specified in Order 47, Rule 1 as was held in Chhajju Ram v. Neki, AIR 1922 PC 112 and approved by this Court in […]Read more "Any Other Sufficient Reason"
There is a body of case law which clarifies, sans a statutory duty, a positive direction to do something, in a specific manner, cannot be given. It must be shown, there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance. – […]Read more "The Nature of Judicial Power: Hon’ble Justice S. Ravindra Bhat"
There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]Read more "Day-Fraction"
“Magma General Insurance Company Ltd., (2018) 18 SCC 130 explained the concept of ‘consortium’. United India Insurance Company Ltd. v. Satvinder Kaur, (2020) SCC Online 410 reaffirmed the view. Three-Judge Bench further laid down that, ‘loss of love and affection’ is comprehended in ‘loss of consortium’. Hence, there is no justification to award compensation towards […]Read more "Consortium II"
“The existence of a ‘substantial question of law’ is the sine qua non for the exercise of jurisdiction under Section 100. The principles for deciding when a question of law becomes a ‘substantial question of law’, have been enunciated by a Constitution Bench of this Court in Sir Chunilal V. Mehta & Sons Ltd. v. […]Read more "Section 100 of The Code of Civil Procedure, 1908"
“In A. Subash Babu v. State of A.P., (2011) 7 SCC 616 this Court held, “The expression ‘aggrieved person’ denotes an elastic and an elusive concept… Its scope and meaning depends on diverse, variable factors such as the content and intent of the statute of which contravention is alleged, the specific circumstances of the case…” […]Read more "Aggrieved Person / The Revival of Ray LI"
“The parties clearly indicated that it was only the Court at Delhi which shall have exclusive jurisdiction with regard to any dispute and no other Court would have jurisdiction over the same. In that view of the matter, the presentation of the plaint at Gurgaon was certainly not before a Court having jurisdiction in the […]Read more "Order 7, Rule 10-A of The Code of Civil Procedure, 1908"
“The remedy under Order 7, Rule 11 is an independent and special remedy. In Azhar Hussain v. Rajiv Gandhi, 1986 Supp. SCC 315 this Court held that the whole purpose of conferment of powers under this provision is to ensure that a litigation which is meaningless, and bound to prove abortive, should not be permitted […]Read more "The Drastic Power of Rejecting a Plaint III"
“Paragraph 19 of Ssangyong Engineering, (2019) 15 SCC 131 noted that, the expansive interpretation given to “public policy of India” in Saw Pipes, (2003) 5 SCC 705 and Western Geco International Limited, (2014) 9 SCC 263 had been done away with and a new ground of ‘patent illegality’ was introduced which would apply to applications […]Read more "Section 34(2A) of The Arbitration Act"
A circumstance is ‘suspicious’ when it is not normal. The suspicious features must be ‘real, germane and valid’ and not merely the ‘fantasy of the doubting mind’ [Shivakumar, Civil Appeal No. 6076 of 2009]. An individual factor may not be decisive. If after taking all the factors together, conscience of the Court is not satisfied […]Read more "The Proof of Valid Wills II"
The Commercial Courts Act, 2015 through Section 16 has amended The Code of Civil Procedure, 1908 in its application to commercial disputes. Whereas commercial disputes [as defined under Section 2(c) of The Commercial Courts Act, 2015] are governed by CPC as amended by Section 16 of the said Act, all other non-commercial disputes fall within […]Read more "Order 8, Rule 1 of The Code of Civil Procedure, 1908 II"
“When an ex-parte decree is passed, there are two remedies – either (a) file an application under Order 9, Rule 13; or (b) file an appeal under Section 96(2). The question to be considered is whether the two options are to be exercised simultaneously or can also be exercised consecutively. If the appeal under Section […]Read more "Order 9, Rule 13 of The Code of Civil Procedure, 1908"
At the outset, there is no gainsaying that procedural justice is imbibed to provide further impetus to substantive justice. On the other hand, we must be mindful of the legislative intention to provide for certainty and clarity. In the name of substantive justice, providing unlimited and unrestricted rights in itself will be detrimental to certainty […]Read more "Order 8, Rule 6A of The Code of Civil Procedure, 1908"
“Order 21, Rule 11(3) makes it clear that the Court ‘may’ require the decree holder to produce a certified copy of the decree. This clearly indicates that it is not necessary to file a copy of the decree along with execution application unless the Court directs the decree holder to file a certified copy of […]Read more "Order 21, Rule 11(3) of The Code of Civil Procedure, 1908"
A suit was filed on 10.03.2017. The defendant was served with summons on 14.07.2017. 120 days from this date takes us to 11.11.2017. No written statement had been filed. However, an Order 7, Rule 11 application was filed. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 came into force […]Read more "Order 8, Rule 1 of The Code of Civil Procedure, 1908 I"
“The question of entitlement to file a suit under Order 33 provided plaintiff is able to prove that he is not possessed of sufficient means to pay the requisite fees is required to be decided by holding an inquiry as prescribed under Order 33, Rules 4-7. Rule 9 empowers the Court to withdraw the permission […]Read more "Order 33, 44 of The Code of Civil Procedure, 1908"
Issues of Tribunals: Unresolved. 07.05.2018 “The functioning of Tribunals is required to be reviewed on the test of speedy and inexpensive quality justice. L. Chandra Kumar, (1997) 3 SCC 261 noted that various Tribunals have not evolved up to the expectations which is self-evident and widely acknowledged. Drastic measures were required to elevate the standards. […]Read more "Rojer Mathew, SLP (Civil) 15804/2017"