CPC
High Courts Shouldn't Routinely Stay Trials : Supreme Court Flags Mechanical Invocation Of Revision Powers
The Supreme Court has disapproved the routine practice of High Courts staying trials while entertaining challenges to interlocutory orders, cautioning that such stays should be granted only where continuation of the trial would seriously and irreparably prejudice the revision proceedings or adversely affect the parties.also flagged the mechanical invocation of revisional jurisdiction...
Judgment Debtor's Wife's Personal Properties Can't Be Attached Even If Property Gifted To Her To Defeat Decree Holder's Claim: Kerala High Court
Court clarified that decree holder would not be rendered remediless and he can apply for vitiating the fraudulent gifting under Transfer of Property Act.
Inherently Determinable Contract Cannot Be Specifically Enforced; Interim Injunction Also Cannot Protect Such Contracts: Bombay High Court
The Bombay High Court has held that a contract which is inherently determinable cannot be specifically enforced and, consequently, an interim injunction cannot be granted to protect such a contract. The Court observed that when the MOU was determinable by its very nature, specific performance of the same could not be insisted upon.Justice Aarti Sathe was hearing an Appeal from Order filed...
Plaint Cannot Be Rejected Over Court-Fee When Liability To Pay Ad Valorem Is Dependent On Disputed Fact : Supreme Court
The Court said that the plaint seeking a declaration of joint ownership cannot be rejected at the threshold for want of ad valorem court fees.
Court-Framed Scheme To Manage Temple Trust U/S 92 CPC Prima Facie Valid Unless Altered By Karnataka Endowments Act: High Court
The Karnataka High Court has held that a committee constituted by a court under Section 92 CPC scheme to oversee management of a temple or charitable, religious trust would "prima facie" continue to operate unless the scheme is altered or modified in terms under the Karnataka Hindu Religious Institutions & Charitable Endowments Act (HRICE). In doing so the court stayed a single judge's...
Stamp Duty Deficiency Must Be Dealt With Forthwith; Trial Court Can't Keep Issue Pending For Years: Rajasthan High Court
The Rajasthan High Court has held that a trial court cannot allow a statutory objection concerning stamp duty to remain pending for years merely because the issue involves mixed questions of law and fact.The bench of Justice Farjand Ali clarified that while Order XIV Rule 2 CPC generally requires courts to decide all issues together, and it does not permit an objection that can be dealt...
26 Years Of Litigation: MP High Court Says Res Judicata Can't Apply When Earlier Adjudication Was Inconclusive
The Madhya Pradesh High Court has held that principle of res judiciata under Section 11 CPC would not apply where proceedings remanded for consideration remained undecided and adjudication remained inconclusive. [2026 LiveLaw (MP) 339]The appellant was appointed as daily wage employee in the Revenue Departmental of Municipal Corporation but his services were terminated 'illegally'. In his...
Order 7 Rule 11 CPC | Plaint Can Be Rejected At Threshold When Limitation Bar Is Obvious From Pleadings : Supreme Court
The Supreme Court has held that a plaint can be rejected at the threshold stage if the pleadings make it evident that the plaint is barred by limitation. “…the Court cannot be hesitant in granting relief of rejection of a plaint when it is so obvious from the pleadings itself.”, observed a bench of Justice JB Pardiwala and Justice K Vinod Chandran. The Court said that while limitation...
Can't Demolish Properties For Road Widening Without Examining Title Claims, Fair Hearing: Rajasthan High Court
The Rajasthan High Court directed the constitution of a committee to examine the title claims and grievances of persons facing eviction and demolition for road construction and widening under Sriganganagar's Master Plan, holding that they must be given a fair hearing before any such action is taken.The bench of Justice Anoop Kumar Dhand observed that while development and road expansion...
Appeal Against Reference Court Decree Under Land Acquisition Act Does Not Lie Under Section 96 CPC: AP High Court
Such decree is governed by special provision contained in S.54 Land Acquisition Act and not general provision of S.96 CPC, the Court said.
Section 47 CPC | Execution Proceedings Cannot Reopen Issues That Could Have Been Raised At Trial: Allahabad High Court
The Allahabad High Court has observed that objections under Section 47 of the Code of Civil Procedure (CPC) cannot be used to reopen issues that could have been raised and decided during the original trial, unless the judgment-debtor is able to establish that the decree is void and inexecutable on the face of it.A bench of Justice Anil Kumar-X made the observation while dismissing a...
'To Preserve Confidence In Justice', Kerala High Court Transfers Family Court Case Over Litigant's Apprehension Of Bias
The Kerala High Court recently permitted a case to be transferred from one Family Court to another after a litigant raised an issue of bias. [2026 LiveLaw (Ker) 448]Justice Mohammed Nias C.P. reserved opinion regarding the correctness of the allegation and observed that the case is being transferred only with a view to preserve the litigant's faith in the judiciary.“It is only in cases...