Articles

29th Sep, 2021

Educational Qualification is a valid ground for classification between persons of same class in matters of promotion

Factual Matrix: The Hon’ble Supreme Court in its judgment dated 21.09.2021 in the matter of “Chandan Bannerjee & Ors. vs. Krishna Prosad Ghosh & Ors. (Civil Appeal No. 5582 of 2021)” had the occasion to […]
24th Sep, 2021

A plaint cannot be rejected under Order VII Rule 11(d) of the Code of Civil Procedure if the issue of limitation is a mixed question of law & fact.

The Supreme Court in the matter of Salim D. Agboatwala  Vs. Shamalji Oddhavji Thakkar in SLP(C) 26441/2014 decided on 17th September 2021 was called upon to adjudicate, whether a plaint can be rejected under Order […]
23rd Sep, 2021

Plaint has to be rejected under Order VII Rule 11 if reliefs claimed in it cannot be granted under law

In the matter of Rajendra Bajoria Vs. Hemant Kumar Jalan (CA 5819-­5822 of 2021) decided by the Hon’ble Supreme Court of India on 21.09.2021   FACTS: In this case, a civil suit was filed by […]
22nd Sep, 2021

Non-filing of ‘Statement of Truth’ in a Written Statement of a commercial suit is a curable defect

In the matter of Harji Engineering Works Pvt. Ltd Vs. Hindustan Steelworks Construction Ltd. decided by the Hon’ble Calcutta High Court on 14.09.2021, the question before the Hon’ble Court was whether a Statement of Truth […]
22nd Sep, 2021

Bombay High Court Quashes certain provisions of the Consumer Protection Rules, 2020

The Central government suffered yet another set-back with respect to selection of Tribunal members when the Bombay High Court quashed certain provisions of the Consumer Protection Rules, 2020 in Vijay Kumar Bhima v. Union of […]
18th Sep, 2021

Consumer Complaints alleging deficiency in service related to transfer of title of immovable property not maintainable

Factual matrix:  Supreme Court in the matter of Estate Officer & Anr. vs. Charajit Kaur SLP (CIVIL) NO. 5051 OF 2018) decided on 7th September 2021 had the occasion to deal with an issue whether […]
18th Sep, 2021

Women not re-married on the day of husband’s death is entitled to share in husband’s property

The Nagpur Bench of the Bombay High Court in Jaiwanti Bai v. Sunanda in Second Appeal No. 144 of 2007was called upon to interpret Section 24 of the Hindu Succession Act, 1956 which bars the […]
10th Sep, 2021

Appeal at the stage of admission, needs to be admitted or rejected fully and not partly

An interesting question arose before the Nagpur Bench of the Bombay High Court in the case of Executive Engineer v. Manik Panjabrao concerning the part admission of the appeal under Section 96 of the Code […]
10th Sep, 2021

High Courts, in second appeal, may exercise limited factual review under section 103 CPC.

In the matter of K.N Nagarajappa & Ors Vs. H. Narasimha Reddy; Civil Appeal No. 5033-5034 of 2009 decided by the Hon’ble Supreme Court on 09.09.2021. Facts of the Case- The Respondent filed the first […]
6th Sep, 2021

High Courts cannot reopen, or question findings of fact reached by the lower courts or Tribunals as a result of the appreciation of evidence in exercise of their writ jurisdiction.

In the matter of Chandu Venkateswarlu vs. Union of India & Anr., W.P.(C) 4095/2014 decided by Hon’ble Delhi High Court on 18.08.2021. In the present petition, the Delhi High Court has discussed in detail, the […]
6th Sep, 2021

Once a party dies his/her death certificate cannot be termed as ‘Third Party Information’

In FAO (WCA) No. 417/2012 decided on 27.08.2021 decided by the Hon’ble Himachal Pradesh High Court   FACTS: Appellant/Applicant in the present matter preferred an application seeking a copy of the death certificate and the […]
3rd Sep, 2021

BOMBAY HIGH COURT REFUSES ANTI SUIT INJUNCTION IN DIVORCE PROCEEDINGS

In a significant judgement in the case of Milind Ashok Kalmakar v. Sheetal Milind Kalmakar [W.P. No. 3773 of 2021], Bombay High Court refused to grant anti suit injunction for restraining the wife from instituting […]