'Evaded Payment For 16 Years': Kerala High Court Rejects Cop's Appeals Against Compensation Award To Lawyer He Assaulted

The Kerala High Court recently dismissed two second appeals preferred by a police officer, who was directed to pay compensation to a lawyer who he had assaulted in 2010. [2026 LiveLaw (Ker) 379]Justice Easwaran S. observed that there are no substantial questions of law raised in the regular second appeals and that the same were bereft of merits.“The dispute started in the year 2010. For...

Art. 226 | High Courts Cannot Reweigh Evidence Or Interfere With Factual Findings In Certiorari Jurisdiction : Supreme Court

The Supreme Court has held that the Writ of Certiorari cannot be issued by the High Court to review or reweigh the evidence based on which subordinate courts decided a matter. The Court reiterated that such a jurisdiction is issued only to correct errors of jurisdiction committed by Courts or Tribunals, but not for reappreciation of evidence or acting as a Court of appeal. Holding so, a bench of Justice Sanjay Karol and Justice Vipul M. Pancholi set aside the Karnataka High Court's judgment...

S.47 CPC | Executing Court Can Correct Clerical Misdescription Of Suit Property In Decree: Allahabad High Court

The Allahabad High Court has held that an executing court can correct a clerical or typographical misdescription of the suit property in a decree in exercise of its powers under Section 47 of the Code of Civil Procedure. It held that such correction is not confined to the court which passed the decree. Justice Manish Kumar Nigam held, “Where the terms of the decree are clear and unambiguous, the effect must be given to such terms at the same time, however, wherever the decree is vague or...

Civil Court Can Examine Territorial Jurisdiction Afresh Even If High Court Granted Leave Before Suit Transfer: Bombay High Court

The Bombay High Court has held that the grant of leave under Clause XII of the Letters Patent by the High Court before transfer of a suit does not prevent the Bombay City Civil Court from examining the issue of territorial jurisdiction afresh after the suit is transferred on account of enhancement of its pecuniary jurisdiction. The Court observed that, by virtue of Section 4A(2) of the...

Calcutta High Court Upholds Ex Parte Divorce Decree Despite Irregular Service, Says Wife Knew Of Suit Through Maintenance Case

The Calcutta High Court has dismissed a wife's appeal seeking to set aside an ex parte divorce decree, holding that mere irregularities in the service of summons cannot be a ground to recall the decree when the defendant had prior knowledge of the matrimonial proceedings.A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya affirmed the order of the...

Defendant Cannot Lead Evidence After Forfeiting Right To File Written Statement: Allahabad High Court

There cannot be any evidence in absence of pleading, Court said.

Filing Vakalatnama Is Not Waiver Of Service Of Summons; Limitation To File Written Statement Starts After Proper Service: Bombay High Court

The Bombay High Court has held that the mere filing of a Vakalatnama or an affidavit-in-reply to an interim application does not, by itself, amount to a waiver of service of writ of summons or trigger the limitation prescribed under Order VIII Rule 1 of the Code of Civil Procedure, 1908 for filing a written statement. The Court observed that the period for filing the written statement...

Possessory Suit U/S 6 Specific Relief Act Maintainable In Civil Court Even If Parties Have Licensor-Licensee Relationship: Bombay High Court

The Bombay High Court has held that a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession after alleged dispossession otherwise than in due course of law is maintainable before the Civil Court even if the parties stand in the relationship of licensor and licensee. The Court held that the existence of a licensor-licensee relationship does not by itself...

Advocate Commissioner's Report Only Assists Court, Does Not Determine Rights Of Parties: Rajasthan High Court

It does not relieve either party of obligation to establish its case by leading admissible evidence, Court said.

Foreign Advocates Cannot Examine Witnesses Before Court-Appointed Advocate Commissioners: Kerala High Court

Court observed recording of evidence forms part of practise of law in India, from which foreign lawyers stand excluded.

Bombay High Court Upholds Member's Expulsion From Mumbai Press Club For Facilitating Meeting Of Bhima-Koregaon Accused

The Bombay High Court has refused to stay the expulsion of a member from the Mumbai Press Club, holding that it is the prerogative of the Club to determine what conduct brings the institution into disrepute. The Court observed that where the Managing Committee has acted within its jurisdiction and followed the procedure prescribed by the Club's bye-laws, the Court cannot substitute its...

Unamended Pleading Loses Efficacy Once Amendment Is Allowed; Party Cannot Capitalise On Its Own Default: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that once an application for amendment is allowed and a direction is issued to file a fresh application within specified time, the unamended pleading loses its efficacy for adjudication.Assigning the reason to the observation, the court underscored that permitting reliance on the unamended version would defeat the very purpose of...