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Landmark Judgments and Articles on Law

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…

MODIFIED – In Maintenance Proceedings no need to disclose assets and Income with Petition or written statement

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 6th August, 2020 FAO 369/1996 KUSUM SHARMA ….. Appellant Through: None. versus MAHINDER KUMAR SHARMA ….. Respondent Through: Mr. Sunil Mittal, Senior Advocate as Amicus Curiae with Ms. Seema Seth and Mr. Dhruv…

SC : Mandatory time line for Filing Written Statement is not Applicable to Non-Commercial Suits

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.433 OF 2020 [Arising out of Special Leave Petition (Civil) No. 6217 of 2019] Desh Raj ….. Appellants(s) VERSUS Balkishan (D) Through Proposed LR Ms. Rohini …..Respondents(s) JUDGMENT Leave granted. 2. This Civil Appeal…

Presumption U/S 90 of Evidence Act can be raised in respect of Executed Documents only

HIGH COURT OF CHHATTISGARH, BILASPUR First Appeal No. 22 of 2008 Smt. Kadir Bee, W/o Late Ishrat Khan, Vs Smt. Mumtaj Begum, W/o Latif Miyan Musalman, Division Bench : Hon’ble Mr. Justice Manindra Mohan Shrivastava Hon’ble Mrs. Justice Rajani Dubey Dated: 20/06/2018 Per Manindra Mohan…

Whether party can be permitted to file documents which were not filed along with written statement?

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Petition for Additional pleas rejected as nothing New pleaded in Written statement

HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR OWP No. 2380/2018 IA No. 1/2018 Date of order: 24.12.2018 Abdul Rashid Chalak V/s State of JK & Ors. Coram: Hon’ble Mr. Justice Sanjeev Kumar, Judge. Appearance: For the Petitioner(s): Ms. Rehana Adv. For the Respondent(s): This is…

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,…

Time Limit to accept written statement along with Application

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6731 OF 2008 (Arising out of SLP (C) No. 14562 of 2006) Sambhaji & Ors. …Appellants Versus Gangabai & Ors. …Respondents JUDGMENT Dr. ARIJIT PASAYAT, J. 1. Leave granted. 2. Challenge in this…

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