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.
plaint
Explained| Order 6 Rule 17 CPC: Doctrine of dominus litus for amendment of plaint
Supreme Court: The Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., explained the legal propositions governing Order 6 Rule
When can Courts dispense off with the requirement of notice u/s. 80, CPC? J&K and Ladakh HC elucidate
Jammu and Kashmir and Ladakh High Court: While deciding the instant appeal wherein substantial questions of law were raised vis-a-vis SectionS 80,
Law on Rejection of Plaint | Contents of plaint or Examining sufficiency of plaint? Del HC explains the bounden duty of Court
Delhi High Court: Prateek Jalan, J., expressed that, For the purposes of an order under Order VII Rule 11 of the CPC,
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
Ker HC | Proviso to Or. VI R. 17 of Code curtails absolute discretion of Court to allow amendment at any stage of suit, it has to be shown that in spite of due diligence, such amendment could not have been sought earlier; legal position reiterated
Kerala High Court: R. Narayana Pisharadi, J., while allowing the instant petition, set aside the order of trial Court, thereby allowing the
Del HC | Husband citizen and domicile of USA, Can he raise objections on divorce proceedings filed by wife in India? Court decrypts the law in light of catena of SC’s decisions
Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while observing a matrimonial application, observed that, The plaint must
HP HC | Non-joinder of proper parties cannot be said to be a formal defect to seek liberty under Or. XXIII, R. 1(3) read with S. 151 CPC rather can be cured by filing impleadment/amendment of plaint
Himachal Pradesh High Court: Sandeep Sharma J., upheld the impugned judgment and dismissed the petition. The facts, in a nutshell, are that
De Novo trial to be conducted of a plaint returned under Order VII Rule 10 and 10A of CPC
Supreme Court: Answering a reference the 3-judge bench of RF Nariman, Navin Sinha and Indira Banerjee, JJ has held that if a
MP HC | Plaint filed under Or. 7 R. 11 CPC can be rejected based on grounds mentioned in Rule 11 or if the cause of action has not been disclosed
Madhya Pradesh High Court: Prakash Shrivastava, J., dismissed the revision petition filed by the respondents under Section 115 CPC where they challenged
While dealing with a prayer for rejection of counter-claim, Court must examine whether rejection would have the effect of striking off the defence
Hyderabad High Court: In the instant appeal, the question arose that whether a counter-claim can be rejected in terms of Order