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Landmark Judgments and Articles on Law

SC: Can the court allow an Amendment of the Written statement if the defendant takes the additional ground of defence by said amendment?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 2946 of 2007 Decided On: 10.07.2007 Andhra Bank Vs. ABN Amro Bank N.V. and Ors. Hon’ble Judges/Coram: Tarun Chatterjee and Markandey Katju, JJ. Author : Tarun Chatterjee, J. 1. Leave granted. 2. This appeal is directed…

Bombay HC: No Provision under CPC to extend time for filing Written statement due to pendency of Miscellaneous application

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 105 OF 2024 Federal Brands Ltd., Vs Cosmos Premises Pvt. Ltd., CORAM: BHARAT P. DESHPANDE, J. DATED: 2nd Aug 2024 1. Heard Mr. Joshi for the Petitioner and Ms. Viegas for the Respondent. 2….

Bombay HC: Reply to Miscellaneous application can not be treated as written statement in Commercial suits beyond the statutory period of 120 days available for filing of a written statement

In the High Court of Bombay (Before S.C. Gupte, J.) Interim Application No. 1 of 2019 In Commercial IP Suit No. 1112 of 2018 Flipkart India Pvt. Ltd. and Another Vs Flipkart India Pvt. Ltd. and Another Interim Application No. 1 of 2019, Commercial IP Suit No. 1112…

Bombay HC: The time for filing written statement in Commercial suit runs from the date of receipt of copy of plaint and not merely writ of summons

In the High Court of Bombay (Before G.S. Patel, J.) Atlanta Limited Vs Metso India Pvt. Ltd. Interim Application No. 425 of 2019 and Commercial Suit No. 765 of 2019 Decided on August 4, 2021, Citation: 2021 SCC OnLine Bom 1594 : AIR 2021 Bom 300 :…

SC: Written Statement must have para-wise reply to plaint; Allegations deemed to be admitted unless specifically denied

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8935 OF 2011 THANGAM AND ANOTHER Vs NAVAMANI AMMAL Rajesh Bindal, J. Dated: March 04, 2024. Citation:  2024 INSC 164. 1. The issue under consideration in the present appeal is regarding genuineness of the…

Time limit for filing of written statement under Order VIII Rule 1 of CPC is not mandatory

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3788 OF 2022 (@ SLP(C) No.63 of 2022) BHARAT KALRA APPELLANT(S) VERSUS RAJ KISHAN CHABRA RESPONDENT(S) O R D E R Leave granted. The challenge in the present appeal is to an order passed…

Whether the court should frame an issue if a party takes the vague plea in the plaint or written statement?

IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 350/2018 & IA No.9403/2018 (u/O XXXIX R-1&2 CPC) ANIL KUMAR ….. Plaintiff Through: Mr. K.K. Sharma, Adv. Versus DEVENDER KUMAR & ORS ….. Defendants Through: Mr. Ajay Kumar, Adv. for D-1&2.Mr. Ashok K. Sagar, Adv….

What will effect of remand of the civil case by the appellate court?

IN THE HIGH COURT OF BOMBAY Writ Petition No. 730 of 2016 Decided On: 05.08.2019 Sonabai Sahebrao Pathrud Vs. Bhausaheb Ganpati Gaikwad and Ors. Hon’ble Judges/Coram: Sandeep K. Shinde, J. Citation: MANU/MH/2170/2019,2020(2) MHLJ 206 1. Rule. Rule made returnable forthwith. Mr. Tajane waives service on behalf…

Whether pendency of an application for rejection of plaint operates as stay to filing of written statement?

IN THE HIGH COURT OF DELHI C.R.P. 63/2020 and CM Appl. 23570/2020 Decided On: 23.09.2020 Shyam Sunder Vs. Shikha Arora Hon’ble Judges/Coram: Prathiba M. Singh, J. Citation: MANU/DE/1783/2020 1. This hearing has been held through video conferencing. 2. Advance copy of this petition has been served. None…

Whether a defendant can challenge finding given by the court on the issue raised by him in his written statement?

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 1899-1900 of 2020 Decided On: 02.03.2020 Sajan Sethi Vs. Rajan Sethi Hon’ble Judges/Coram:Mohan M. Shantanagoudar and R. Subhash Reddy, JJ. Author:R. Subhash Reddy, J. Citation:(2020) 4 SCC 589 1. Leave granted. 2. These civil appeals are…


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