“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"The execution of a Will is proved not only when the statutory requirements for proving that Will are satisfied but the Will is also found to be ordinarily free from suspicious circumstances [Pragnaben, (2008) 15 SCC 365]. Whether a Will is surrounded by suspicious circumstances or not is essentially a question of fact. “3 Courts […]
Read more "The Proof of Valid Wills I"“Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 CrPC, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. When the parties live together as husband and wife, there is a presumption that they are legally married couple for […]
Read more "Masterly Concubinage II"” By The Specific Relief (Amendment) Act 2018, Section 14 has been amended. In the present case, we are not called upon to examine the effect of this amended provision. The issue before this Court is whether Section 14(3)(c)(iii) is a bar to a suit by a developer for specific performance of a development agreement between […]
Read more "Section 14(3)(c)(iii) of The Specific Relief Act, 1963"“In legal parlance, ‘consortium’ is a compendious term which encompasses ‘spousal consortium’, ‘parental consortium’, and ‘filial consortium’. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased. With respect to a spouse, it would include sexual relations with the deceased spouse. Parental consortium is granted to the […]
Read more "Consortium"The principles for interference in exercise of review jurisdiction are well settled. In Thungabhadra Industries Ltd. v. Government of Andhra Pradesh, AIR 1964 SC 1372 the Court while dealing with the scope of review had opined: “A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but […]
Read more "Order 47, Rule 1 of The Code of Civil Procedure, 1908"“It is a settled proposition of law that a decree obtained by playing fraud on the Court is a nullity and that such a decree could be challenged at any time in any proceedings. This proposition is certainly not in dispute. Learned counsel also placed reliance on Union of India v. Ramesh Gandhi, (2012) 1 […]
Read more "Fraudulent Decrees"“There is no provision under The Code of Civil Procedure, 1908 or The Interest Act, 1978 which permits imposition of interest on litigation costs. In view of the deletion of Section 35(3), CPC grant of interest on costs is no longer recognized under Indian law. The same does not mean that Indian Courts are powerless […]
Read more "Costs Jurisprudence II: Interest on Litigation Costs"“We think it profitable to examine the scheme of Order 6, Rule 16: “16. Striking out pleadings – The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading – (a) which may be unnecessary, scandalous, frivolous or vexatious, or (b) which may tend to […]
Read more "Order 6, Rule 16 of The Code of Civil Procedure, 1908"“In K.K. Velusamy, (2011) 11 SCC 275 while dealing with the power of the Court under Order 18, Rule 17 this Court held that :- “Order 18, Rule 17 of the Code enables the Court, at any stage of a suit, to recall any witness who has been examined (subject to the law of evidence […]
Read more "Order 18, Rule 17 of The Code of Civil Procedure, 1908"My Lord, Independent of the provisions contained in Codes of Civil and Criminal Procedure is there a source of power which the Supreme Court can invoke for directing transfer of a case from or to the State of Jammu and Kashmir? Yes. “The fact that there is no such enabling provision for transfer from or […]
Read more "The Real Apprehension in Transferring Cases II"