CPC
Stamp Duty | Collector's Spot Inspection Without Notice To Party Doesn't Invalidate Proceedings If No Prejudice Caused: Allahabad High Court
The Allahabad High Court has held that a spot inspection conducted by the District Magistrate in stamp duty deficiency proceedings without issuing notice to the party is an irregularity, and not an illegality, where no prejudice is caused to the party. The Court held that under Rule 7(3) of the U.P. Stamp (Valuation of Property) Rules, 1997, it is not mandatory for the Collector to conduct...
Mere Execution Of Family Arrangement Does Not Constitute Admission Of Suit Properties Being HUF Properties: Bombay High Court
The Bombay High Court has held that the mere execution of a family arrangement does not, by itself, establish that the properties dealt with therein are Hindu Undivided Family (HUF) properties. The Court observed that a family arrangement cannot be elevated into proof of the existence of an HUF in the absence of foundational evidence establishing the existence of such an HUF and an...
If Elaborate Hearing Is Needed On Ad-Interim Injunction, Court Should Decide Main Injunction Plea Instead: Rajasthan High Court
The Rajasthan High Court has held that once pleadings are completed, and affidavits and relevant material has already come on record, the endeavour of the Court should ordinarily be to decide the application for temporary injunction itself rather than devoting time to decide the ad-interim injunction. The bench of Justice Farjand Ali observed that if an elaborate hearing is required...
Plaintiff Not Required To Pay Court Fee Till Permission To Sue As An Indignant Person Under O.33 R.9 CPC Is Withdrawn: Uttarakhand High Court
The Uttarakhand High Court has held that unless permission granted to a plaintiff to sue as an indigent person is first withdrawn in accordance with Order XXXIII Rule 9 of the Code of Civil Procedure, no direction can be issued requiring the plaintiff to deposit court fee merely on the basis of an application seeking such a deposit. Observing that the defendants had not sought withdrawal of...
Election Petition Cannot Be Rejected Under Order VII Rule 11 CPC Merely Because Accompanying Affidavit Is Defective: Uttarakhand HC
The Uttarakhand High Court has held that the requirement to file an affidavit under the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 is not mandatory and that it is sufficient if there is substantial compliance. Further, reiterating the principle established in various precedents, the Court held that a defect, if any in the affidavit filed with the election...
AP High Court Upholds Registered Will As Last Testament, Rejects Rival Unregistered Will Citing Suspicious Circumstances
The Andhra Pradesh High Court has held that in a dispute involving rival Wills, an unregistered Will surrounded by suspicious circumstances cannot displace a duly proved registered Will, and the “latest valid testament” would prevail when earlier document is not established in accordance with law. [2026 LiveLaw (AP) 104]A Single Judge Bench of Justice V. Gopala Krishna Rao dismissed an...
LiveLaw Explainer| Key Principles Of Constructive Res Judicata
The Supreme Court has reiterated that the doctrine of constructive res judicata, embodied in Explanation IV to Section 11 of the Code of Civil Procedure, is aimed at preventing parties from litigating in instalments and ensuring finality in judicial proceedings. Drawing from a long line of authorities including Kameswar Pershad v. Rajkumari Ruttun Koer, Daryao v. State of Uttar Pradesh 1961...
Legal Heirs Can't Continue Suit Filed By Deceased Trustee In Representative Capacity, Right Vests In Surviving Trustee: P&H High Court
The Punjab and Haryana High Court has held that legal heirs of a deceased trustee cannot be impleaded to continue a suit filed by the trustee in a representative capacity, reiterating that the right to pursue such litigation vests only in surviving or duly appointed trustees. [2026 LiveLaw (PH) 200].Justice Vikas Bahl dismissed a revision petition challenging the trial court's refusal...
Confirmation Of Accounts Signed By Debtor Sufficient To Sustain Summary Suit Under Order XXXVII CPC: Delhi High Court
The Delhi High Court has held that a confirmation of accounts signed by a debtor acknowledging a loan transaction and the applicable interest terms constitutes a written contract and can form the basis of a summary suit under Order XXXVII CPC.Justice Neena Bansal Krishna dismissed an appeal filed by a chartered accountant challenging a decree passed in favour of a company for recovery of...
Ex Parte Decree Can't Be Set Aside On Mere Irregularity In Service If Defendant Had Notice And Opportunity To Appear: Jharkhand High Court
The Jharkhand High Court has held that an ex parte decree cannot be set aside under Order IX Rule 13 CPC merely on allegations of irregularity in service of summons where the defendants had knowledge of the proceedings and sufficient opportunity to appear before the Court.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing a Second Appeal filed against the judgment dated...