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Landmark Judgments and Articles on Law

Delhi HC: Court should not decree or dismiss the suit on reasoning which has no foundation in pleadings and on which no issue has been framed


What is Distinction between pleading under CPC, Writ Petition and Counter Affidavit?


Whether it is mandatory for a party to amend his pleading if opposite party amends its pleading?

IN THE SUPREME COURT OF INDIA Appeal (civil) 2896 of 2001 Decided On: 04.02.2002 Gurdial Singh Vs. Raj Kumar Aneja and Ors. Hon’ble Judges/Coram:R.C. Lahoti and Brijesh Kumar, JJ. 1. There is a property described as ‘Gurdial Complex’ situated at SCO 1108-1109. Sector 22-B, Chandigarh….

Calling Husband ‘Impotent’ In Pleadings Can Amount To Defamation

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION [APL] NO.774 OF 2017 Applicant : X (Name withheld) (Original Accused No.1) — Versus — Non-Applicant : Y (Name withheld) (Original Complainant) Shri G.L. Bajaj, Advocate for the Applicant Shri R.M. Daga,…

Whether court should frame issue on point which is not in pleading?

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 5710-5711 of 2012 Decided On: 04.02.2014 Arikala Narasa Reddy Vs. Venkata Ram Reddy Reddygari and Ors. Hon’ble Judges/Coram: B.S. Chauhan, Jasti Chelameswar and M. Yusuf Eqbal, JJ. Citation:AIR 2014 SC 1290 1. These appeals have been…

Whether court can direct litigant to furnish English translation of pleading if it is in vernacular language?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4102 OF 2017 Mrs. Neelam Abhijeet Kadam Vs The State of Maharashtra CORAM : V.M.KANADE,C.V.BHADANG, JJ. DATE : 2nd May 2017. 1] We have heard the learned Counsel for petitioner. The petitioners…

Whether party can add pleading regarding issue of law at any stage of proceeding?

IN THE HIGH COURT OF BOMBAY Writ Petition Nos. 12862 and 12863 of 2017 Decided On: 22.01.2018 Vishal Nitinkumar Kondhia Vs. Jahnvi Vishal Kondhia Hon’ble Judges/Coram:G.S. Kulkarni, J. Citation: 2018(3) MHLJ 823 1. Rule on both these petitions returnable forthwith. By consent of the parties…

False statements in pleadings with affidavit are covered in 191 and 192 IPC – Punishable under 193 r/w CrPC 340.

IN THE HIGH COURT OF DELHI AT NEW DELHI TEST.CAS.No.19/2004 Reserved on : 1st June, 2010 Date of Decision : 18th November, 2010 SANJEEV KUMAR MITTAL ….. Petitioner Through : None. versus THE STATE ….. Respondents Through : Mr. Sanjeev Mahajan, Adv.for R-2. Dr. Arun…

Whether court can record finding on a issue which is framed beyond pleading?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 19421 of 2017 (Arising out of SLP (C) No. 22894/2014) Decided On: 20.11.2017 Shivaji Balaram Haibatti Vs. Avinash Maruthi Pawar Hon’ble Judges/Coram:R.K. Agrawal and Abhay Manohar Sapre, JJ. Citation: (2018) 11 SCC 762 1. Leave granted….

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