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
civil procedure code
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”
2022 SCC Vol. 10 Part 1
Commercial Courts Act, 2015 — S. 12-A — Rejection of plaint for non-compliance with S. 12-A i.e. in cases where
The Wide Scope of Section 9 of the Arbitration and Conciliation Act, 1996
by Ayushi Raghuwanshi†
Supreme Court| ‘Exclusion clause’ destroying the contract entered with knowledge, cannot be permitted to be used by a party who introduced it, to avoid liability
Supreme Court: In an appeal against the decision of the National Consumer Disputes Redressal Commission (‘NCDRC’), wherein the commission having
Preliminary Inquiry under Section 11 of the Arbitration and Conciliation Act, 1996
by Ayushi Raghuwanshi*
2022 SCC Vol. 9 Part 2
Arbitration and Conciliation Act, 1996 — S. 31(7) and Ss. 17, 21, 23(3), 24(1), 25, 26, 29 and 85(2)(a) —
2022 SCC Vol. 8 Part 5
Civil Procedure Code, 1908 — Or. 23 R. 3 — Consent order: All the parties to the consent terms are
Limitation can be a preliminary issue under Or. 14, R. 2(2)(b) CPC if the question can be decided on admitted facts: Supreme Court
Supreme Court: Principal question before the Division Bench of Ajay Rastogi and C.T. Ravikumar*, JJ., for contemplation was whether the
Delhi High Court| Negligence of counsel not a reasonable ground within Order XI Rule 1(5) CPC; Facts of the case must disclose ‘urgency’ to avail benefit under Or. XI R. 1(4) CPC
Delhi High Court: In a case filed by the petitioner challenging dismissal order in relation to an application filed seeking
Court’s power under Section 9 A&C Act, 1996 wider than CPC; Technicalities of CPC cannot prevent it from securing the ends of justice: SC
Supreme Court: The Division Bench of Indira Banerjee* and A.S. Bopanna, JJ., contemplated the scope of Section 9 of Arbitration
2022 SCC Vol. 8 Part 3
Civil Procedure Code, 1908 — Or. 7 R. 11(d) and Or. 14 R. 2: Limitation as a ground for rejecting