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Landmark Judgments and Articles on Law

Can plaintiff withdraw one suit and institute any suit as he likes?

IN THE HIGH COURT OF KERALA AT ERNAKULAM A. MUHAMED MUSTAQUE. DR. JUSTICE KAUSER EDAPPAGATH, JJ. OP (FC) NO. 169 OF 2021; 2 JULY 2021 Against the Order in IA 1297/2020 and IA No. 1/2021 in OP 1327/2018 of Family Court, Kozhikode Jabeen Ihsan Vs….

Principles while considering petition for Condonation of delay reiterated, lack of bona fides is ground for dismissal

THE HIGH COURT OF SIKKIM : GANGTOK (Civil Appellate Jurisdiction) DATED : 17th September, 2018 SINGLE BENCH : THE HON’BLE ACTING CHIEF JUSTICE MRS. JUSTICE MEENAKSHI MADAN RAI I.A. No.01 of 2018 in MAC App. No.08 of 2018 Appellant : The Branch Manager, Shriram General…

Whether appeal lies even if special statute does not confer right of appeal?

IN THE SUPREME COURT OF INDIA Civil appeal No. 3215 of 2010 Decided On: 16.08.2017 Terapalli Dyvasahata Kumar Vs S.M. Kantha Raju (dead) thr. L.Rs. and Ors. Hon’ble Judges/Coram: Rohinton Fali Nariman and Sanjay Kishan Kaul, JJ. Citation: (2018) 11 SCC 769 1. The present…

Interrogatories propounded on the Petitioner by the Respondent u/s 125

IN THE COURT OF MS. 0000000000, DISTT.JUDGE, FAMILY COURT 00000000 Case No:000 0000000l Vs. 0000000000l Petition U/s 125 of CrPC for grant of maintenance Code of Civil Procedure – Appendix C – Form No. 2 Interrogatories (Order 11, rule 4) Interrogatories propounded on the Petitioner…

Whether order passed in application for temporary injunction U/S 9A(2) of CPC is appealable?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Writ Petition No. 7884 of 2017 Decided On: 04.01.2018 Anand Vs. Shewalkar Developers Ltd. Hon’ble Judges/Coram:Z.A. Haq, J. Citation: 2018 (2) MHLJ 381 1. Heard. 2. RULE. Rule made returnable forthwith. 3. The petitioner has filed civil…

Whether case can be transferred as per convenience of witness?

Andhra High Court THE HON’BLE SRI JUSTICE M. SEETHARAMA MURTI ransfer Civil Miscellaneous Petition No.599 of 2016 29-12-2016 Pallerla Srinivasa Reddy and another.Petitioners Vs. Pallerla Subba Reddy and five others. Respondents Counsel for the Petitioners: Sri J. Rajeswar Counsel for 1st Respondent: Sri G.V. Ramana…

Order VIII Rule 10 of the Code of Civil Procedure

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6162 OF 2005 Shantilal Gulabchand Mutha … Appellant Vs. Tata Engineering & Locomotive Co. Ltd. & Anr. … Respondents O R D E R 1. This appeal has been preferred against the judgment and…

Whether it is permissible to amend written statement before completion of evidence of plaintiff?

SUPREME COURT OF INDIA State of Bihar & Ors. Vs. Modern Tent House & ANR. [Civil Appeal No.3845 of 2008] Abhay Manohar Sapre, J. Dated: 16 August 2017 Citation:(2017) 8 SCC 567 1. This appeal is filed by the defendants against the final judgment and…

Whether second writ petition is maintainable if first writ petition is withdrawn unconditionally?

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.421 of 1988 Mahanth Ram Kinkar Das, V The State of Bihar CORAM:  THE ACTING CHIEF JUSTICE and JUSTICE SMT. ANJANA MISHRA and MR. JUSTICE SUDHIR SINGH Citation: AIR 2017 patna 35 Heard…

Whether Second Complaint to Consumer forum is maintainable?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.557 OF 2016 INDIAN MACHINERY COMPANY VS. M/S. ANSAL HOUSING CONSTRUCTION LTD. Dated:JANUARY 27, 2016 Leave granted. We have heard learned counsel for the parties. The only question that has arisen in this appeal…

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