Order 7 Rule 11 Archives

“There is no requirement under law for government employees to declare all family members”; Delhi HC sets aside order dismissing application under Order 7 Rule 11, CPC

“Even if the name of family members are not mentioned in the service book, even then they can apply for family pension to which they would be entitled, if they are qualified as per the Pension Rules.”

Case Briefs High Courts

‘Incidental or non-essential observations do not constitute res judicata’; Calcutta High Court affirms dismissal of Order 7 Rule 11 application

Calcutta High Court noted that the mere dismissal of the first suit does not automatically render the second suit barred by res judicata.

Case Briefs High Courts

Madhya Pradesh High Court upholds registered Proprietor’s independent rights in Scotch Whisky GI Case; Rejects impleadment order under GI Act

The legislative intent of the Geographical Indications of Goods (Registration and Protection) Act, 1999 is to protect registered GIs, and Section 21 is enacted to safeguard the rights arising from registration.

Case Briefs Supreme Court

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.”