2023 SCC Vol. 9 Part 2
Civil Procedure Code, 1908 — Or. 21 R. 95: Starting point of limitation application under Or. 21 R. 95, by auction-purchaser for
civil procedure code
Delhi High Court sets aside direction furnishing bank guarantee being violative of principles underlying Order 38 Rule 5 CPC
Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.
Part rejection of plaint impermissible under Order VII Rule 11 of CPC: Supreme Court
“The approach adopted by the High Court is incorrect and contrary to the well-entrenched principles of considering an application under Order VII Rule 11 of CPC.”
Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher: Supreme Court
“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”
Importance of Interim Relief in Intellectual Property Litigation and Impact of the Commercial Courts Act
by Tahir Ashraf Siddiqui† and Sameer Mishra††
2023 SCC Vol. 7 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable
Bombay High Court | No ‘right to sue survives’ to the married daughter to claim for enhancement of maintenance in respect of deceased mother
The phraseology “right to sue survive” used under Order 22 Rule 1 means right to seek relief. The general rule is that cause of action whatsoever existing in favour or against a person at the time of his death survives to or against his legal representatives.
2023 SCC Vol. 6 Part 3
Civil Procedure Code, 1908 — Or. 21 Rr. 84, 85 and 90 — Auction-sale whether vitiated — Non-compliance with mandatory provisions of
In a suit for partition, Civil Court cannot go into the question of title, unless the same is incidental to fundamentals of claim: SC
The Court said that allegations of fraud require special pleadings in terms of Order VI, Rule 4 CPC, 1908.
2023 SCC Vol. 5 Part 3
Arbitration and Conciliation Act, 1996 — S. 29-A (as amended w.e.f. 30-8-2019) — Time-limit for making award: Time-limit stipulated in this section,
2023 SCC Vol. 4 Part 5
Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex
Explained | Supreme Court explains the amendment of plaint under Order 6 Rule 17 of CPC and maintainability of fresh suit as per Order IX Rule 9 of CPC
Supreme Court said that if the alternative plea introduced by plaintiff through an amendment is one which the defendant set up in his written statement, although inconsistent with the original plea, the Court is not precluded from allowing the amendment if it does not prejudice 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.
2023 SCC Vol. 2 Part 1
Civil Procedure Code, 1908 — S. 11 — Res judicata — Applicability: Findings on issue(s) which actually fell for consideration in the
2023 SCC Vol. 1 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 20 and 42 r/w S. 2(1)(e) — Jurisdictional seat of arbitration once fixed under S.
Kerala High Court | Court fee cannot be refunded after the suit decided on merits
Kerala High Court observed that when the suit is dismissed on finding that it is barred by law, the court fees cannot be refunded.
2022 SCC Vol. 10 Part 4
Civil Procedure Code, 1908 — Or. 12 R. 6 — Grant of relief on the basis of admission — When
2022 SCC Vol. 10 Part 3
Civil Procedure Code, 1908 — Or. 22 Rr. 3 and 4 — Abatement of appeal: Appeal as a whole cannot
Delhi High Court | When a prayer to appoint an Arbitrator has been heard and rejected, the same relief cannot be sought by filing a review petition
Mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “Seat of Arbitration”