Civil Procedure – Appeal against judgment and decree – Appellant filed appeal under Section 96 of the CPC challenging a judgment and decree passed in a suit filed by the respondent – Suit filed for recovery of a loan amount – Appellant had initially sought leave to defend, which was granted conditionally – Appellant failed to comply with the condition, leading to the ...
Civil Procedure – Revision Petition under Section 115 CPC challenging dismissal of application under Order VII Rule 10 & 11 – The High Court examined the Trial Court's decision on territorial jurisdiction and limitation period – Petitioner's plea that the suit was barred by limitation rejected due to acknowledgment of debt by part payments and dishonored cheques &ndas...
Family Law – Divorce – Appeal against the rejection of a divorce petition – Appellant husband seeks dissolution of marriage based on cruelty and desertion – Parties married in 2009 and have lived separately for almost 14 years – Respondent wife filed multiple cases against appellant and initiated various litigation – Irretrievable breakdown of the marriage &ndas...
Civil Procedure – DNA Test for Establishing Paternity in Partition Suit – Kerala High Court Decision on Strong Prima Facie Case Requirement.
DNA Test – Suit for partition involving claim of paternity – Plaintiff seeks sibling DNA test to establish her father was the deceased, Sri Kuttikrishnan Nair – Trial court allows application for DNA test – Def...
Civil Procedure – Power to Amend and Strike Out Issues – Petition challenging the trial court’s order deleting certain issues in a civil suit and denying further cross-examination – High Court examined the validity of the trial court's suo moto deletion of issues and refusal to recall a witness for cross-examination on additional documents – Court reinstated two i...
Civil Appeal – Termination of service – Grant of back wages – Appellant-State challenges the judgment allowing the respondent's appeal against the termination of his services – Respondent's services were terminated without following proper procedure – Trial Court set aside the termination but declined to grant back wages – First Appellate Court granted b...
Commercial Dispute – Recovery of Payments – Appeal against Commercial Court’s decree ordering appellant to pay ₹8,49,385 with 18% p.a. interest from the date of suit filing for goods supplied to appellant – Dispute involves recovery of payments for 2500 T-shirts supplied under invoice dated 30.06.2018 (Ex.PW-1/2A) – Appellant challenges correctness of transactions, ...
Writ Petition & Subject Matter – Petition filed against the order by Commissioner, Revenue Division District Ujjain, which petitioners claim to be illegal under Section 10(5) and 10(6) of the Urban Land (Ceiling and Regulation) Act 1976 – Sought for quashment and other consequential reliefs. [Para 2]
Prior Proceedings & Remand – Initial writ petition allowed, influence...
Trade Regulation – Challenge to Import Prohibition – Fresh Fruit Flowers and Vegetables Traders Association, Delhi, challenges an import prohibition on cut flowers imposed by the Directorate General of Foreign Trade (DGFT) through an impugned notification – Allegation of discrimination and infringement of constitutional rights. [Para 1-3]
Background to the Dispute – Prev...
Civil Procedure Code (CPC) - Revision under Section 115 - Plaintiffs seeking withdrawal of the suit with liberty to institute a fresh suit after realizing that it had been instituted against deceased defendants - Trial Court rejecting the withdrawal application - Whether institution of the suit against deceased persons is a formal defect and whether Order 23 Rule 1(3) of the CPC is applicable - Th...