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...

Issue Going To Root Of Adjudicating Authority's Jurisdiction Doesn't Automatically Warrant Local Investigation: Allahabad High Court

The Allahabad High Court has held that the appointment of a Commissioner for local investigation under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 cannot be claimed as a matter of right, and does not become mandatory merely because the question it is sought to prove goes to the root of the adjudicating authority's jurisdiction. The Court held that a commission...

Rejection Of Amendment Plea Doesn't Bar Party From Raising Legal Contentions Arising From Existing Pleadings: Allahabad High Court

The Allahabad High Court has held that rejection of an application to amend pleadings under Order VI Rule 17 of the Code of Civil Procedure does not bar a party from advancing pure questions of law arising from the pleadings already on record at the stage of final hearing. It held that where the proposed amendment merely restates legal pleas already discernible from the pleadings and...

Does Refusal By Family Members To Accept Court Notice Amount To Valid Service? Orissa High Court Answers

The Orissa High Court has reiterated that when an addressee refuses to receive summons/notice and the same is thus affixed to the outer door or some other conspicuous part of his house, the Court can presume its valid and sufficient service upon him as per illustration (f) of Section 114 of the Evidence Act read with Section 27 of the General Clauses Act and Order V Rule 9(5) as well as Rule...