Power of Court in revision jurisdiction is limited

Aug
10
2017

Litigants abusing the process of law should be dealt with harshly

Mar
17
2017


Hon’ble Supreme Court in the matter of Dnyandeo Sabaji Naik Vs Pradnya Prakash Khadekar; SLP(C) no. 25331-33 of 2015 vide judgement dated 1st March, 2017 held that this Court must view with disfavour any attempt by a litigant to abuse the process. The sanctity of the judicial process will be seriously eroded if such attempts are not dealt with firmly. A litigant who takes liberties with the truth or with the procedures of the Court should be left in no doubt about the consequences to follow.




Which orders can be appealed against under Commercial Courts Act #indianlaws

Feb
20
2017


Division Bench of Delhi High Court in the matter of HPL (India) Limited Vs. QRQ Enterprise, FAO (OS) (COMM) No. 12/2017 was considering the effect of Section 13 of Commercial Courts, Commercial division and Commercial Appellate Division of High Courts Act, 2015 (Commercial Courts Act).




Courts cannot impose unlimited costs in civil proceedings #indianlaws

Feb
20
2017


Division Bench of Delhi High Court in the matter of Bikramjit Ahluwalia Vs. Avnija Ahluwalia FAO(OS) 173/2016 held that there is no question of exercising of inherent powers contrary to the specific provisions of the Code of Civil Procedure. Under Section 35A CPC, which deals with vexatious litigation and exemplary costs, the outer limit has been fixed. The Courts cannot enforce cost beyond what is prescribed in Section 35A.




Allegation of fraud without proof does not render a decree fraudulent #legalupdates

Jan
10
2017


When there is an allegation of fraud by non-disclosure of necessary and relevant facts or concealment of material facts, it must be inquired into. It is only after evidence is led coupled with intent to deceive that a conclusion of fraud could be arrived at. A mere concealment or non-disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive would not render a decree obtained by a party as fraudulent.




Consequences of non- compliance of an order, cannot be avoided on the ground that order was void or a nullity unless declared so #indianlaws

Apr
3
2016


In the context of breach of an interim order, the order can be void or nullity but, the consequences flowing from its non­ compliance or breach cannot be avoided by the party by advancing the plea that such order is void or nullity. In case when objection to the jurisdiction of the Court is raised and later on it is upheld even then, interim order passed therein by the Court does not become vulnerable or bad only on that ground. In case where objection is raised, it would be more proper if the objection of the jurisdiction is decided first. But if the Court happens to pass the order before deciding that, the prior interim order would not lose its efficacy only on that ground. The party cannot avoid consequence flowing or breach merely because the order is subsequently vacated in appeal. Void order has to be so declared. The party has to approach the Court for seeking such declaration 




A second complaint to the District Forum is maintainable when the first complaint was dismissed for default #indianlaws

Jan
31
2016


There is no provision parallel to the provision contained in Order 9 Rule 9(1) Code of Civil Procedure which contains a prohibition that if a suit is dismissed in default of the Plaintiff under Order 9 Rule 8, a second suit on the same cause of action would not lie, in the Consumer Protection Act. That being so, the rule of prohibition contained in Order 9 Rule 9(1) Code of Civil Procedure cannot be extended to the proceedings before the District Forum or the State Commission. Therefore, it would be permissible to file a second complaint explaining why the earlier complaint could not be pursued and was dismissed in default.

 




If the conclusion on the facts in evidence made by the court below is possible, there is no perversity #indianlaws

Jan
11
2016


It is well settled that the first appellate court, under Section 96 of the Civil Procedure Code, 1908, is the last court of facts unless the findings are based on evidence or are perverse. Further, in exercise of power under Section 100 of the Code of Civil Procedure, the High Court cannot interfere with the finding of fact recorded by the first appellate court which is the final court of fact, unless the same is found to be perverse. The trial court had given definite finding on structural alteration done by the tenant which was also endorsed by the first appellate court on re-appreciation of the evidence, and therefore, the High Court in second appeal was not justified in upsetting the finding which was a pure question of fact.




Claim petition is maintainable at a place where insurance company is carrying on its business #indianlaws

Jan
11
2016


The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents. Hyper technical approach in such matters can hardly be appreciated. There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has its business.




Appellate court to allow plea of additional evidence for ‘substantial cause’ and only if it is ‘required’ by the Court #indianlaws

Dec
9
2015


For expending the power under Order 41 Rule 27 the Appellate Court has to read the words “or for any other substantial cause” with the word “requires”, which is set out at the commencement of the provision so that it is only where, for any other substantial cause, the appellate court requires additional evidence, that this rule would apply. It is under these circumstances such a power could be exercised.




Courts not to appoint a substitute arbitrator only in cases of clear prohibition in the Agreement #indianlaws

Oct
31
2015


Whenever parties agree for arbitration and even name a specific arbitrator with no specific provision for appointment of another arbitrator on the recusal/withdrawal of the said arbitrator, the said omission is made up by Section 15(2) of the Act and unless arbitration agreement between the parties provide a categorical prohibition or debarment in resolving a question or dispute or difference between the parties by a substitute arbitrator in case of death or the named arbitrator or non-availability of the said arbitrator, Courts have the power to appoint substitute arbitrator, as provided under Section 15(2) of the Arbitration Act




Assignor does not lose right to continue appeal because of assignment during the pendency of appeal #indianlaws

Oct
11
2015


Merely by transfer of the property during the pendency of the suit or the appeal, plaintiff or appellant, as the case may be, ordinarily has a right to continue the appeal. It is, at the option of the assignee to move an application for impleadment.




Grant of Leave to Defend may be granted where the question is relating to Applicability of Order 37 #indianlaws

Oct
11
2015


Where the applicability of Order 37 itself is in question, grant of leave to defend may be permissible. The Court before passing a decree is entitled to take into consideration the consequences therefor. The Courts dealing with summary trials should act very carefully taking note of the interests of both the parties. Merely on the ground that the defendant may resort to prolonged litigation by putting forth untenable and frivolous defences, grant of leave to defend cannot be declined.

 




Court to act cautiously while pronouncing judgment in a case where opposite party (Defendant) fails to file Written Statement#indianlaws

Sep
6
2015


The Supreme Court has ruled that the Court, at no stage, can act blindly or mechanically. While enabling the Court to pronounce judgment in a situation where no Written Statement is filed by the defendant, the Court has also been given the discretion to pass such order as it may think fit as an alternative. This is also the position under Order 8 Rule 10 CPC where the Court can either pronounce judgment against the defendant or pass such order as it may think fit.
In a situation where no Written Statement has been filed by the defendant, the Court should be a little cautious in proceeding under Order 8 Rule 10 CPC. Before passing the judgment against the defendant it must see to it that even if the facts set out in the plaint are treated to have been admitted, a judgment could possibly be passed in favour of the plaintiff without requiring him to prove any fact mentioned in the plaint. It is a matter of Court's satisfaction and, therefore, only on being satisfied that there is no fact which need be proved on account of deemed admission the Court can conveniently pass a judgment against the defendant who has not filed the Written Statement. But if the plaint itself indicates that there are disputed questions of fact involved in the case regarding which two different versions are set out in the plaint itself, it would not be safe for the Court to pass a judgment without requiring the plaintiff to prove the facts so as to settle the factual controversy. Such a case would be covered by the expression "the Court may, in its discretion, require any such fact to be proved" used in sub- rule (2) of Rule 5 of Order 8, or the expression "may make such order in relation to the suit as it thinks fit" used in Rule 10 of Order 8.
In judicial proceedings, there cannot be arbitrary orders. A Judge cannot merely say "Suit decreed" or "Suit dismissed". The whole process of reasoning has to be set out for deciding the case one way or the other.




Mere admission of tenancy does not necessarily mean passing of a decree on admissions #indianlaws

Aug
23
2015


Judgment on admission is not a matter of right and rather is a matter of discretion of the Court. Where the defendants have raised objections which go to the root of the case, it would not be appropriate to exercise the discretion under Order XII Rule 6 CPC.




Party contesting court proceedings must obtain courts permission to tender evidence after third party is examined

Jun
2
2015


The parties assume that a witness can be examined in any order and the parties can also bring their own versions at any time they wish. Any breach of this rule has to be viewed seriously and may result in eschewing the evidence of the parties, if no permission is taken under Order 18 Rule 3A of the Code to examine the party after examination of witnesses.




Section 9A CPC as introduced by Maharashtra Amendment Act will prevail over Section 9 CPC

Apr
20
2015


Section 9A provides a self-contained scheme with a non-obstante clause which mandates the court to follow the provision and at the same time is a complete departure from the provisions contained in Order XIV Rule 2 CPC. 




What is the meaning of Fraud within the meaning of Section 13 CPC #Indianlaws

Mar
18
2015


It is only when the defendant is taken by surprise of the fraud played by the plaintiff  that he can challenge the decree or foreign judgment on the ground of fraud. 




Jurisdiction of Civil Court, where there is an arbitration clause between the parties

Mar
7
2015


In this particular matter the dispute was between lender-Sundram Finance and borrowers-Respondent no. 1 and 2. A suit was instituted by the Respondents, wherein an application under Section 8 of Arbitration and Conciliation Act, 1996 was moved by  Sundram Finance. The High Court of Kerala held as follows:

 




Anti-Suit in Injunction in matrimonial matters

Mar
5
2015


The principles governing the grant of anti-suit injunction being essentially an equitable relief, the Courts in India has the powers to issue anti-suit injunction to a party over whom it has personal jurisdiction in an appropriate case because the Courts of equity exercise jurisdiction in personam. 




Ex-parte decree in summary suit not be lightly distrubed

Mar
5
2015


Setting aside of ex-parte decree under Order XXXVII Rule 4 of the Code cannot be allowed in routine and special circumstances are required to be established. However, the expression “special circumstances” has to be construed having regard to the individual fact situations.




Courts have to consider only the plaint in determining an application under Order 7 Rule 11 CPC

Feb
22
2015


While exercising the  power under Order 7 Rule 11, the Court has to read averments in the plaint as a whole to find out whether it discloses a cause of action or whether the suit is barred under any law. At this stage the stand taken by the opposite party in the written statement or in the application for rejection of the plaint is wholly immaterial.




What is the meaning of expression "As is where is basis"?

Jan
20
2015


The Court held that the condition "as is whereas basis" does not mean that property may not be in existence at all.




Compromise decree to be challenged in the same suit and not a subsequent suit

Dec
1
2014


An agreement or compromise should not be deemed to be lawful if the same is void or voidable under Indian Contract Act, 1872.




Action of an Advocate duly authorised by his client similar to that of power-of-attorney acting on behalf of principal #indianlaws

Aug
21
2014


Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) and such decree is perfectly valid.




Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue #indianlaws

Aug
21
2014


Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue




Mere existence of dispute between parties to contract not sufficient to restrain enforcement of Bank Guarantees

Jul
10
2014


Bank guarantee is absolute and unequivocal. There are only two exceptions to this rule. First, when there is a clear fraud of an egregious nature about which bank has notice. Second, is irretrievable injury which, has to be clearly proved. Mere apprehension that the other party will not be able to pay, is not enough.




Compensation in respect of land acquired can be attached #indianlaws

Jun
7
2014


Whether the amount of compensation can be attached, was the question before the Court.




Supreme Court explains law on Order 2 Rule 2 #indianlaws

May
21
2014


Supreme Court explains law on Order II Rule 2 CPC




Amendment of Pleadings – What the Court ought to consider #indianlaws

May
12
2014


Law of amendment of pleadings








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