CPC
Appellate Court Can Enhance Interest Rate On Award Under Order 41 Rule 33 CPC Even Without Cross-Objection By Plaintiff: Bombay High Court
The Bombay High Court has held that a First Appellate Court is empowered under Order XLI Rule 33 of the Code of Civil Procedure, 1908, to enhance the rate of interest awarded by the trial court even in the absence of an appeal or cross-objection by the plaintiff. The Court observed that where the issue under Order 41 Rule 33 is specifically raised before the appellate court, the parties...
Commercial Courts Act | Documents Being Voluminous No Excuse For Their Belated Production : Supreme Court
The Supreme Court on Thursday (July 9) held that a mere 'voluminous nature' of the evidence does not constitute a "reasonable cause" for their belated production under the Commercial Courts Act, 2015. “…it is well established that the plaintiff when leading evidence, is expected to not only produce all documents but also properly anticipate the questions that may be put to its witnesses...
Party Can't Subsequently Cure Foundational Defects To Validate Institution Of Suit: Telangana High Court
The Telangana High Court has held that parties cannot seek to remove or cure foundational defects at a subsequent stage in order to validate the institution of the Suit. [2026 LiveLaw (Tel) 98]In doing so the court set aside a trial court order which had permitted the plaintiff to ratify an earlier resolution, in order to replace the original basis of authority for institution of the Suit...
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...