Suit Archives | SCC Times

CPC Order XV Rule 5| Mere denial of landlord-tenant relationship doesn’t grant tenant a holiday from duty to pay rent/damages: SC

Supreme Court: The Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., held that in cases disclosing deliberate defiance and elective non-performance

Case Briefs High Courts

Delhi High Court | Theo recognizes Theobroma as owner and proprietor of mark “THEOBROMA”; Settlement terms agreed between parties

Delhi High Court: In a case relating to two marks being ‘Theobroma’ (‘defendant’) and Theos (‘plaintiff’), based out of Bombay and Delhi

Case Briefs High Courts

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,

Case Briefs High Courts

In a suit for partition, the heads of all the branches are necessary parties: Bom HC

Bombay High Court: Mangesh S. Patil, J., decided on the following questions for consideration: Whether in a suit for partition and possession

Case Briefs High Courts

Doctrine of Substantive Representation: Can it be applied where all respondents were not present, but main contesting parties were represented? Ori HC discusses

Orissa High Court: The Division Bench of Dr S. Muralidhar, CJ and A.K. Mohapatra, J., partly allowed an appeal filed in a

Case Briefs High Courts

Daughters as Co-parceners | S. 6 of Hindu Succession Act prevails over S. 29-A inserted by Maharashtra Amendment; wasn’t necessary for Parliament to repeal S. 29-A: Bom HC

Bombay High Court, Bench at Aurangabad: Vibha Kankanwadi, J., while addressing a matter revolving around the property, observed that, Article 254 of

Case Briefs High Courts

Law on territorial jurisdiction explained | Will the place mentioned on invoice decide the jurisdiction of a Court on filing of a suit against it? Del HC explains

Delhi High Court: Asha Menon, J., emphasized the law on territorial jurisdiction while addressing the present matter. Present petition was filed impugning

Case Briefs High Courts

Del HC | Whether S. 124 of Trade Marks Act provide for stay of action against passing off? Read on

Delhi High Court: Asha Menon, J., addressed a suit for trade mark infringement, wherein the Court additionally addressed the scope of Section

Case Briefs High Courts

Bom HC | In a property suit in which decree has been passed, can a third party’s intervention application claiming his right to recovery be maintainable? Read on

Bombay HC’s Justice Dama Seshadri Naidu while discussing, quotes EBC’s C.K. Thakker’ s Code of Civil Procedure

Op Eds OP. ED.

Acts in Contravention of Orders of Injunction —The Consequences

by Karl K. Shroff*

Case Briefs High Courts

Bom HC | In case of an application for amendment of pleadings, what would be the principal condition that Courts need to consider? Read on

Bombay High Court: Milind N. Jadhav, J., addressed a matter with regard to the amendment of pleadings. Petitioners have submitted that they

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

Kar HC | Addition of a new ground of defence or substituting or altering defence or taking inconsistent pleas in written statement would not be objectionable, while adding, altering or substituting a new cause of action in the plaint may be objectionable

Karnataka High Court: Krishna S. Dixit J. set aside the impugned order and allowed the petition. The facts of the case are

Case Briefs High Courts

Ker HC | Litmus test to find out whether a document is bond or not || Read High Court’s ruling

Kerala High Court: R. Narayana Pisharadi, J., while observing the instant matter asked the trial court to reconsider the question whether the suit

Case Briefs High Courts

P&H HC | A co-sharer in a property can seek a permanent injunction against other co-sharers if the value or utility of property is diminished; Court directs parties to maintain status quo

Punjab & Haryana High Court: While deciding an appeal filed by the petitioner against the order passed by the Additional District Judge,

Case Briefs High Courts

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

Case Briefs Foreign Courts

SL SC | Legal representative has the right to continue the suit but he cannot claim anything for which the original plaintiff was not entitled

Supreme Court of the Democratic Socialist Republic of Sri Lanka: Full Bench of Buwaneka Aluwihare, Vijith K. Malalgoda, and S. Thurairaja, JJ.

Case Briefs High Courts

Bom HC | Plaintiff protecting possession of immovable property need not prove title to it where suit filed on the basis of settled exclusive possession

Bombay High Court: S.C. Gupte, J., while allowing a second appeal filed by the plaintiff against the order of the first Appellate court,

Case Briefs High Courts

Jha HC | Court abstains from interfering on finding no error apparent on the face of record under the garb of Article 227

Jharkhand High Court: The Bench of Sujit Narayan Prasad, J. disposed of a petition seeking to make amendment in the plaint as

Case Briefs High Courts

Section 69(2) of Partnership Act does not bar unregistered firm from filing suit under NI Act

Delhi High Court: A Single Judge Bench comprising of Vinod Goel, J. dismissed a revision petition filed against the order of Additional District