CPC
Jharkhand High Court Upholds Appointment Of Receiver To Monitor Joint Hotel Business; Says Direction Ensured Preservation Of Records
The Jharkhand High Court has upheld the appointment of a receiver for a jointly claimed hotel business, observing that the trial court had not restrained the appellant from running the business or maintaining the premises. The Court held that the order only sought a report regarding the business, including its physical condition, mode of operation, account books, GST records, licences, bank transactions and income-generating activities, and was intended to ensure preservation of the business...
'Deaf And Dumb' Person Not Necessarily Of Unsound Mind: Himachal Pradesh High Court Rejects Challenge To Partition Proceedings
The Himachal Pradesh High Court has held that merely because a person is deaf and dumb, it cannot be presumed that he is of unsound mind so as to necessitate appointment of a guardian under Order XXXII Rule 3 of the Code of Civil Procedure (CPC).The Court observed that such a requirement would arise only where it is established that the person is incapable of protecting his interests in...
Complaint Over Use Of Vehicle For 'Illegal Mining' Not Maintainable Before Magistrate, Session Court Is Correct Forum: Gujarat High Court
The Gujarat High Court has held that a complaint over illegal mining in respect of a seized vehicle must be lodged before the Sessions Court as mandated under Rule 12(2)(b)(ii) Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules and that such a complaint can't be filed before magistrate court.As per Rule 12(2)(b)(ii) makes it obligatory for the authorized officer...
High Courts Shouldn't Routinely Stay Trials : Supreme Court Flags Mechanical Invocation Of Revision Powers
The Supreme Court has disapproved the routine practice of High Courts staying trials while entertaining challenges to interlocutory orders, cautioning that such stays should be granted only where continuation of the trial would seriously and irreparably prejudice the revision proceedings or adversely affect the parties.also flagged the mechanical invocation of revisional jurisdiction...
Inherently Determinable Contract Cannot Be Specifically Enforced; Interim Injunction Also Cannot Protect Such Contracts: Bombay High Court
The Bombay High Court has held that a contract which is inherently determinable cannot be specifically enforced and, consequently, an interim injunction cannot be granted to protect such a contract. The Court observed that when the MOU was determinable by its very nature, specific performance of the same could not be insisted upon.Justice Aarti Sathe was hearing an Appeal from Order filed...
Court-Framed Scheme To Manage Temple Trust U/S 92 CPC Prima Facie Valid Unless Altered By Karnataka Endowments Act: High Court
The Karnataka High Court has held that a committee constituted by a court under Section 92 CPC scheme to oversee management of a temple or charitable, religious trust would "prima facie" continue to operate unless the scheme is altered or modified in terms under the Karnataka Hindu Religious Institutions & Charitable Endowments Act (HRICE). In doing so the court stayed a single judge's...
Stamp Duty Deficiency Must Be Dealt With Forthwith; Trial Court Can't Keep Issue Pending For Years: Rajasthan High Court
The Rajasthan High Court has held that a trial court cannot allow a statutory objection concerning stamp duty to remain pending for years merely because the issue involves mixed questions of law and fact.The bench of Justice Farjand Ali clarified that while Order XIV Rule 2 CPC generally requires courts to decide all issues together, and it does not permit an objection that can be dealt...
26 Years Of Litigation: MP High Court Says Res Judicata Can't Apply When Earlier Adjudication Was Inconclusive
The Madhya Pradesh High Court has held that principle of res judiciata under Section 11 CPC would not apply where proceedings remanded for consideration remained undecided and adjudication remained inconclusive. [2026 LiveLaw (MP) 339]The appellant was appointed as daily wage employee in the Revenue Departmental of Municipal Corporation but his services were terminated 'illegally'. In his...
Order 7 Rule 11 CPC | Plaint Can Be Rejected At Threshold When Limitation Bar Is Obvious From Pleadings : Supreme Court
The Supreme Court has held that a plaint can be rejected at the threshold stage if the pleadings make it evident that the plaint is barred by limitation. “…the Court cannot be hesitant in granting relief of rejection of a plaint when it is so obvious from the pleadings itself.”, observed a bench of Justice JB Pardiwala and Justice K Vinod Chandran. The Court said that while limitation...
Can't Demolish Properties For Road Widening Without Examining Title Claims, Fair Hearing: Rajasthan High Court
The Rajasthan High Court directed the constitution of a committee to examine the title claims and grievances of persons facing eviction and demolition for road construction and widening under Sriganganagar's Master Plan, holding that they must be given a fair hearing before any such action is taken.The bench of Justice Anoop Kumar Dhand observed that while development and road expansion...