Thursday, 25 June 2020

Important Caselaws of Supreme Court and other HC's on Counter claim

1) Whether composite appeal against decree passed in suit and counter claim is maintainable?

2) Whether defendant can file counter claim by amending his written statement?

3) Supreme Court: Outer limit for filing of counter-claim is pegged till issues are framed

4) When court should exclude counter claim filed by defendant?

5) What type of counter claim can be filed in matrimonial proceeding?

6) Whether amendment of counter claim based on cause of action arising subsequent to filing of written statement is permissible?

7) Whether court can permit impleading of additional defendants in counter claim?

8) Supreme Court: Basic principles for ascertaining limitation for filing of counter claim

9) Whether court will reject counter claim if it has effect of striking of defence?

10) Whether daughter in law can file counter claim under domestic violence Act before small cause court?

11) What pleas can be taken by legal heirs of deceased defendant in counter claim filed by them?

12) Whether court can exclude counter claim of defendant as per request of plaintiff?

13) Whether court can permit filing of counter claim which is not related to cause of action pleaded by plaintiff?

14) Whether defendant can be denied permission to file counter claim on ground of withdrawal of suit of plaintiff?

15) How to determine jurisdiction of court for filing appeal in case of counter claim?

16) Bombay HC: Procedure to followed by court when counter claim is filed

17) Supreme Court: When the court should not allow the defendant to file counterclaim?

18 Whether the defendant can pay court fees for a counterclaim later on if he has already raised the counterclaim in the written statement?

19) Supreme Court: Court can entertain counter-claim for possession in suit for injunction

20) Whether counter claim which oust jurisdiction of court can be allowed?

21) Supreme Court on Basic concept of counter claim

22) Supreme Court: Counter claim in respect of independent cause of action is maintainable

23) Whether one defendant can adopt written statement filed by co-defendants by submitting pursis?

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