“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. Govt. of A.P., 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 lies […]
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) of the CPC, grant of interest on costs is no longer recognized under Indian law… the same does not mean that Indian Courts […]
Read more "Costs Jurisprudence II: Interest on Litigation Costs"“We think it profitable to examine the scheme of Order VI, 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"