High Court Can't Act As 'Third Court Of Facts' In Second Appeals Under Section 100 CPC: Rajasthan High Court

The Rajasthan High Court has held that while exercising jurisdiction under Section 100 CPC, the High Court is not expected to function as a 'third court of facts' for undertaking fresh factual inquiry or reassessing evidence, merely because another view was possible from the record. The bench of Justice Farjand Ali observed that the findings of fact by the courts below carried a presumption...

Final Decree Application Not Necessary When Preliminary Decree Specifies Option If Physical Partition Was Impractical : Supreme Court

The Supreme Court on Monday (May 18) observed that merely because no separate application for passing a final decree under Order XX Rule 18 of the Code of Civil Procedure was filed, a preliminary decree would not become inexecutable, especially where the decree itself provided that the property should be auctioned if partition by metes and bounds was not possible, thereby giving the decree...

Order XV Rule 5 CPC | Tenant's Defence Cannot Be Struck Off Without Examining If Default In Rent Deposit Was Wilful : Supreme Court

The Court further held that determination of 'first date of hearing' and the service of summons on the tenant was essential before striking off defence.

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.

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.

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...