civil suit Archives

Can Government employees claim Double Overtime Allowance as per the Factories Act? Supreme Court answers

The Court stated that the “claim of the respondents ought to have been tested by the Tribunal and the High Court in the proper perspective to see whether it is an attempt to get the best of both the worlds.”

Case Briefs Supreme Court

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.

Case Briefs High Courts

MP HC | Application under S. 151 of CPC maintainable despite the fact that order allowing the application under Or. 7 R. 11 of CPC is appealable; Trial Court directed to restore civil suit

Madhya Pradesh High Court: Dwarka Dhish Bansal, J. allowed a civil revision under Section 115 of CPC against the order rejecting application

Case Briefs High Courts

Guj HC | Providing reasoning is to give it a value of precedent which can help in reduction of frivolous litigation; Court emphasises on recording reasons in judgments

Gujarat High Court: Ashokkumar C. Joshi, J. dismissed a petition and emphasised the importance of proper reasoning in a judgment/order. Petitioners were

Case Briefs High Courts

Law on Testamentary Proceedings | Prior to proving a Will, its execution is to be proved first by an attesting witness? Del HC explains

Delhi High Court: Asha Menon, J., explained the concept of proving a Will by an attesting witness. The chamber appeal was preferred

Case Briefs Supreme Court

Law on rejection of plaint under Order VII Rule 11 of CPC as explained by the Supreme Court

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has lucidly explained the law on rejection of plaints under Order VII Rule 11 of CPC

Case Briefs Supreme Court

Explained| Is a suit for injunction maintainable where the plaintiff’s title is in dispute?

Supreme Court: The bench of L. Nageswara Rao and BR Gavai, JJ has, in two judgments, has held that where the plaintiff’s

Op Eds OP. ED.

Joinder and non-joinder of parties in civil proceedings in India in light of the doctrine of necessary and proper parties

by Riya Jariwala*

Case Briefs High Courts

HP HC | [Or. 1 R. 10 CPC] Due to subsequent events, proforma defendant had started sailing in the plaintiff’s boat and had acquired interests common to the plaintiff; Transposition of parties upheld

Himachal Pradesh High Court: Jyotsna Rewal Dua, J., while rejecting the present petition, upheld the decision of the trial court as the

Case Briefs High Courts

Chh HC | In a matrimonial dispute, cause of action can arise several times, even if the dispute is settled and case has been withdrawn

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., while addressing a petition made an observation with regard to matrimonial disputes that, “…in a