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The Karnataka High Court has said that the right to cross-examination, whether or not encoded in statute, emerges as a sine qua non of adjudication. It is not merely permissible, it is an indispensable right. Justice M Provides held thus while upholding an order passed by the Commercial Court dismissing an application filed by the…
The Supreme Court observed that a Suit under Section 92 of the Civil Procedure Code, 1908 (CPC) is a representative suit of a special nature since the action is instituted on behalf of the public beneficiaries and in public interest. The Court observed thus in a Civil Appeal arising out of the Judgment of the…
The Delhi High Court has stayed a Magistrate Court order directing auction of husband’s alleged share in a family property, in the execution petition filed by his wife seeking payment of maintenance. This was after the husband cited violation of Section 60(1)(ccc) CPC, which prescribes that every person has a right to reside and there…
The Delhi High Court set aside the imposition of cost of Rs. 12 lakh on VI-John Healthcare for delay in filing the written statement and noted that the cost imposed was disproportionate to the main relief sought in the suit. The High Court also held that there is no absolute bar on the Trial Court…
Author: CHVI Bhura, Upes INTRODUCTION In India, the Code of Civil Procedure, 1908 is a procedural law governing the administration of civil proceedings. The Code is divided into two portions, with the first part including 158 sections and the part two containing the First Schedule, which contains 51 Orders and Rules. The sections offer laws…
The Jharkhand High Court recently clarified that the Trial Court should adopt a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code as to who is the legal heir from the rival claimants. The Court must determine the legal heir taking into consideration the right to sue or be sued is surviving….
