by The Legal Blog | Sep 10, 2011 | Civil Procedure Code, Legal Concepts, Practice and Procedure
Justice S.S. Nijjar Supreme Court of India The Supreme Court in Gayathri Womens Welfare Association Vs. Gowramma was called upon to decide the appropriate stage in a proceeding at which a Counter Claim may be preferred by a Defendant. In the case in hand, the High...
by The Legal Blog | Sep 8, 2011 | Civil Procedure Code, Practice and Procedure
Justice A.K. Ganguly Supreme Court of India The Supreme Court in Shehla Burney Vs. Syed Ali Mossa Raza has reiterated that no relief can be granted against a party unless it has been specifically claimed in the suit or petition, as mandated by Order VII Rule(s) 5...
by The Legal Blog | Sep 8, 2011 | Civil Procedure Code, Legal Concepts, Practice and Procedure
Justice R.V. Raveendran Supreme Court of India The Supreme Court in Alka Gupta Vs. Narender Kumar Gupta dealt with the provisions of Order II Rule 2 of the Code of Civil Procedure, 1908 while also dealing with the concept of ‘Res Judicata’. The Court...
by The Legal Blog | Sep 2, 2011 | Arbitration, Civil Procedure Code
Justice R.V. Raveendran Supreme Court of India The Supreme Court in Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd. has discussed, in great detail, the provisions of Section 89 of the Code of Civil Procedure, 1908 which casts a duty on the...
by The Legal Blog | Aug 30, 2011 | Civil Procedure Code, Legal Concepts, Practice and Procedure
Justice R.M. Lodha Supreme Court of India The Supreme Court in M/s Shiv Cotex v. Tirgun Auto Plast Pvt. Ltd. & Ors. has lamented the conduct of unscrupulous litigants in delaying the justice delivery system in the country. Justice Dalveer Bhandari in an earlier...
by The Legal Blog | Aug 20, 2011 | Civil Procedure Code, Legal Concepts
Justice P. Sathasivam Supreme Court of India We have already dealt with a post on the Law relating to Amendment of Pleadings, and the different tests to be applied in cases of amendment of Plaint as against a Written Statement. The Supreme Court in State of...
