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Judgments and Orders by Esheta Lunkad

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Section 17, Order 2 Rule 2 Case Law CPC

 03 September 2020

The Court first clarified the word "property" used in Section 17 and held that it includes properties. The court reiterated that interpretation of word "portion of the property" cannot only be understood in a limited and restrictive sense of being po..

Posted in Others |   2510 hits

Section 10 of Carriers Act - Case Law

 03 September 2020

By examining the case, the High Court reversed it’s decision on the judgment which was already given by the Trial Court, stating that the Learned trial court interpreted Section 10 wrongly, as the plaintiff has taken all measures in issuing letters a..

Posted in Others |   983 hits

The High Court should not have entertained the second appeal filed

 03 September 2020

The Supreme Court dismissed the appeal and upheld the decision of the High Court that the civil court didn’t have the territorial  jurisdiction to try the said suit...

Posted in Others |   816 hits

File a suit where the property is situated

 03 September 2020

Delhi High court didn’t have the jurisdiction and the appeal is dismissed...

Posted in Others |   1100 hits

Hon'ble Chief Justice of India looked into the matter and gave the final judgement on the basis of merit of the case

 29 August 2020

The Three Judge Bench mentioned that the court has to take into consideration the outer limit for filing the counterclaim, which is pegged till the issues are framed. In such cases the Courts have the discretion to entertain filing of the counterclai..

Posted in Others |   551 hits

The Supreme Court extended the service of court notices by e-mail

 29 August 2020

The service of court notices by e-mail was extended in addition to the modes of service mentioned in the Supreme Court Rules. At that time, for time bring, the facility was extended to commercial litigation and for those cases where the Advocate(s)-o..

Posted in Others |   522 hits

SC discussed a large number of cases, overruled some and clarified the issue of acquisition of title by adverse possession by the plaintiff in its judgment

 27 August 2020

The Supreme Court overruled some judgments which did not lay down the law correctly and held that plea of acquisition of title by adverse possession can be taken by plaintiff under Article 65 of the Limitation Act and there is no bar under the Limita..

Posted in Others |   1133 hits

Disaster Management Act 2005

 07 August 2020

The Supreme Court of India showed its concern about all the industries/establishments, employees and workers through its judgement. It duly noted that all industries/ establishments are of different nature and have different capacity, including finan..

Posted in Others 1 comments |   1475 hits