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Judgments and Orders by Esheta Lunkad

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What are the principles governing the right to appeal in regards to the amendment in procedural law

 12 September 2020

The Supreme Court dismissed the appeal and upheld the right of the board to appeal in High Court as the right to appeal was available to the respondent at the time of initiation of the dispute before the amendment which wasn’t preserved thereof. ..

Posted in Constitutional Law |   782 hits

Supreme Court explained the relation between Order 33 and 44 and their concerned Rules in the suit

 12 September 2020

In SC's opinion the plaintiff was entitled to file an application/appeal under Order 44 Rule 1 of the Code and seek permission from the Appellate Court to allow him to file an appeal as an indigent person. The dismissal of the application made under ..

Posted in Constitutional Law |   1388 hits

When can a third party file an appeal against a judgement

 12 September 2020

The Supreme Court dismissed the appeal on the grounds that the appellants are neither the aggrieved party nor bound by the judgement of Trial court or HC ..

Posted in Others |   2018 hits

Order IX Rule 13 of Code of Civil Procedure - Case Law

 12 September 2020

The Supreme Court decreed the appeal filed by the Appellant and condoned his delay of 546 days in filing the First appeal. ..

Posted in Constitutional Law |   938 hits

Section 96 of Code of Civil Procedure - Case Law

 12 September 2020

The Honorable Supreme Court pointed out the mistake made by the Trial Court and the High Court and gave a judgment setting aside the decree passed by the High Court...

Posted in Constitutional Law |   1833 hits

Whether the wife has established that the husband is guilty of adultery

 11 September 2020

After referring to all the evidences of adultery and cruelty, the husband was declared guilty of adultery and cruelty. The cruelty which entitles her to a judicial separation, even if he was not guilty of adultery. The manner in which the husband had..

Posted in Family Law 1 comments |   1110 hits

Section 29 of the state financial corporations act, 1951 - Case Law

 11 September 2020

The appeal was allowed and the judgment was set aside as the High Court was wrong in it's decision. ..

Posted in Others |   1158 hits

Order 11 Rule 1 & 4 of Civil Procedure Code - Case Law

 11 September 2020

It was held that the court below has not rightly interpreted the Order prescribed in CPC related to the Interrogatories, the application rejected was one and only a single ground of interrogatories. The Court below has not even checked the relevance..

Posted in Others |   971 hits

Analysis of para 18 & 19 of CPC

 11 September 2020

MGG said that BOCL wanted to borrow money from a bank &MGG wanted to be a guarantor on those shares. ..

Posted in Others |   588 hits

There was a disagreement as to the correct framing of issues in the election petition

 11 September 2020

The respondent is guilty of the alleged corrupt practices under RPA Act...

Posted in Others |   494 hits

Section 151, Order 18 Rule 1, 2 & 17 - Case Law CPC

 11 September 2020

The Court stated that the Defendant-Petitioner has acted in a manner to cause colossal insult to justice and to the concept of speedy disposal of civil litigation. ..

Posted in Others |   1143 hits

Supreme Court held that Order 11, Rule 21 should be invoked in extreme situations as the last resort

 11 September 2020

The penalty imposed under Order 11, Rule 21 is of high penal nature and should be used only in extreme cases and should no way be imposed unless there is a clear failure to comply with the obligations. It should be applied only in extreme contumacy o..

Posted in Others |   1929 hits

Judicial persons are included in the word persons under Order 33, Rule 1 of CPC

 10 September 2020

Before declaring the judgment the court very well explained the provisions under Order 33 before and after the amendment. It referred several cases as well. It finally held that, person refers to one who is capable of filing a suit and Order 33 being..

Posted in Constitutional Law |   4943 hits

The Himachal Pradesh High Court agreed with the view and interpretation of a few High Courts of India in respect of withdrawal of a divorce petition filed by mutual consent

 10 September 2020

Before declaring the Judgment the Court very carefully explained the provisions of Section 13B and Section 23(1)(bb) of HMA and the sub-sections under it. The Court also explained the Section 28 of the Special Marriage Act as Section 13B is in pari m..

Posted in Family Law |   674 hits

Can the petitioners/appellants be declared as indigent persons

 10 September 2020

Before declaring the Judgment the Court carefully explained the term indigent as mentioned under Rule 1 Order 33 of CPC. Apart from the said immovable properties, the petitioners owned 450 grams of gold jewels and properties valued more than Rs.1000/..

Posted in Others |   886 hits

Order 1 Rule 10 & Order 6 Rule 10 Of Code Of Civil Procedure - Case Law

 10 September 2020

The petition was dismissed as there was no merits in the review petition...

Posted in Civil Law |   1556 hits

Section 23-J of Madhya Pradesh Accommodation Control Act, 1961 - Case Law

 10 September 2020

The Supreme Court of India rejected the order of High Court and gave sanction to the claim of appellant...

Posted in Others |   1411 hits

Central Provinces and Berar Letting of Houses and Rent

 10 September 2020

The High Court  ultimately held  that such  an application for eviction was maintainable. Hence the appeal to this Court Allowing the appeal and remitting the case back to the Rent Controller. ..

Posted in Others |   722 hits

Order 30 Rule 3 - Case Law

 10 September 2020

High Court gave a new judgment setting aside the order passed by the Trial Court considering the claims of the appellant. ..

Posted in Constitutional Law |   909 hits

The Court should fix the amount of maintenance after considering all the circumstances of the parties. No particular amount can be fixed by the Act as the amount may differ from case to case

 10 September 2020

No particular amount for maintenance can be fixed by the Act as the amount may differ from case to case. The Courts have to fix the amount of maintenance considering all the circumstances of both the parties...

Posted in Others |   707 hits