Order XII Rule 6 CPC | Admission Made In Criminal Case Can Be Used In Civil Proceedings: Supreme Court

The Court has upheld the eviction of the defendant, who had admitted in criminal proceedings that the property is owned by the plaintiff.

Wife Staying At Parents' House After Childbirth While Husband Is Abroad Can't Be Treated As Desertion: Madras High Court

The Madras High Court has recently held that a wife going to her mother's house for delivery and remaining there after the birth of the child cannot be seen as an act of desertion when the husband was not present in the country during the time. “But, at any rate, we hold that since the appellant [husband] was not in this country, he cannot now complain about the conduct...

Order VII Rule 11 CPC | Plaint Must Be Meaningfully Read To See If Statutory Bar Is Veiled By Clever Drafting: Supreme Court

The Court also summarised the principles relating to Order VII Rule 11 Code of Civil Procedure.

S. 25 Hindu Succession Act | Murder Accused Cannot Claim Inheritance Of Murdered Person's Property : Supreme Court

The Court clarified that an actual conviction is not necessary, and a murder-accused will also be disqualified from inheritance.

Ex-Parte Foreign Decree Can Be Enforced In India If Based On Evidence And Merits: Telangana High Court

The Telangana High Court has held that a money decree passed by the Federal Court of Sharjah is executable in India under Section 44A CPC since the United Arab Emirates is a notified reciprocating territory and the judgment debtor failed to show that the decree fell within any of the exceptions under Section 13 CPC.Section 13 states situations when a foreign judgment is not conclusive. One...

Inherent Powers U/S 151 CPC Can Be Exercised Post-Award To Prevent Unjust Enrichment In Land Acquisition Cases: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a court can exercise its inherent powers under Section 151 of the Code of Civil Procedure even after an award has attained finality, to correct an inadvertent error resulting in excess payment and to prevent unjust enrichment.The Court further held that Section 17-B of the J&K Land Acquisition Act, which provides for recovery...

Fatal Accident Claims Under 1855 Act To Be Registered As Original Suits; Appeal Under S.96 CPC Maintainable Against Decree: AP High Court

The Andhra Pradesh High Court has held that a decree passed in suit for accident compensation under Section 1A of Fatal Accidents Act is a decree within the meaning of Section 2(2) CPC and is thus appealable under Section 96 CPC.In doing so the court issued a slew of directions, ordering that Fatal Accident Original Petitions shall not be entertained and such matters will be registered...

Summary Procedure Under Protection Of Depositors' Interest Act Self Contained, Plea For Rejection Of Plaint Not Maintainable: Karnataka HC

The High Court has held that an Order VII Rule 11 CPC application seeking rejection of plaint at the threshold claiming no cause of action, would not be maintainable in summary proceedings under Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (KPIDFE) Act.“The KPIDFE Act provides a self-contained mechanism, beginning from ad-interim attachment under...

Final Maintenance Order Under Section 125 CrPC Prevails Over Interim Relief Under Hindu Marriage Act: Karnataka High Court

The Karnataka High Court has upheld a final maintenance order under Section 125 CrPC while simultaneously setting aside an interim maintenance order under Section 24 Hindu Marriage Act passed in separate proceedings, holding that continuance of both results in overlapping financial liability of the husband which is illegal. The single-judge bench of Justice Dr. K. Manmadha Rao noted in the...

Prosthetic Limb Costs Must Also Be Compensated To Restore Accident Victims To Dignified Life: Supreme Court

The Supreme Court has held that compensation awarded to motor accident victims must include the cost of prosthetic limbs and their maintenance, emphasizing that such devices are essential to restoring mobility, confidence, and dignity to amputees.Observing that a prosthetic limb is integral to the life of a person who has lost a limb, the Court underscored that compensation must aim to place...

Mere Leasing Of Apartment Does Not Bar Flat Buyer's Consumer Complaint Against Builder: Supreme Court

The owner won't be excluded from the definition of consumer under Section 2(1)(d) of the Consumer Protection Act by merely leasing out the flat.

Non-Disclosure Of Prior Live-In Relationship Amounts To 'Fraud' U/S 12(1)(c) Of Hindu Marriage Act: Jharkhand High Court

The Jharkhand High Court has held that the non-disclosure of a prior live-in relationship before marriage constitutes fraud as to a material fact under Section 12(1)(c) of the Hindu Marriage Act, 1955. The Court emphasised that while Hindu marriage is a sacrament and not a contract, the concealment of such a relationship to obtain consent renders the marriage voidable and liable to be annulled...