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Showing posts with label S 151 of cpc. Show all posts
Showing posts with label S 151 of cpc. Show all posts
Sunday, 14 June 2026

Madras HC: Under which circumstances the court can direct forwarding of complaint to police under S 151 of CPC?

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 In the case on hand, since, as I have already pointed out, the offence of forgery of Exs. A2 and A3 was committed outside the Court, even b...

Fraud at the Courthouse Door: When Can Civil Courts Use Section 151 CPC to Set the Criminal Law in Motion?

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  Why this question matters Civil judges increasingly encounter forged documents, fabricated seals, and engineered “fraud on the court” desi...
Sunday, 22 March 2026

Bombay HC: Whether the court can keep infructuous suit pending in the hope that a new cause of action may later be introduced by amendment?

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  Amendment plea rejected One of the respondent’s key arguments was that he had moved, or intended to move, for amendment of the plaint to i...

Civil Court Can Use Section 151 CPC To Dismiss Suit As Infructuous If Cause Of Action Ceases: Bombay High Court

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Union of India & Ors. v. Maheshkumar Gordhandas Garodia, Civil Revision Application (ST.) No. 23914 of 2023, decided on 17 March 2026 ​...
Sunday, 14 January 2024

Whether family court can pass divorce decree on admission without trial if both parties have not withdrawn allegations against each other?

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 A perusal of decree passed by the Family Court clearly indicates that though the Family Court has taken cognizance of Section 151 of CPC wh...
Tuesday, 27 December 2022

Whether the court can exercise powers U/S 151 of CPC if other remedy is available to applicant under CPC?

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The subsequent judgment of this Court in Ram Prakash Agarwal v. Gopi Krishan, (2013) 11 SCC 296 further clarifies the law on the use of the ...
Thursday, 19 November 2020

Whether the court can restore insolvency petition dismissed in default on the application of one of the creditors?

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  The learned Assistant Judge considered that the petitioning creditor sues on behalf of the general body of creditors and, therefore, in a ...
Thursday, 29 October 2020

Whether civil revision is maintainable against the order passed in the application under S 151 of CPC?

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 Learned Counsel for the parties have been heard. The revision has to be admitted. I do not find any force in the contention that an order ...
Sunday, 11 October 2020

Whether the Appellate court can permit conversion of the civil appeal into cross-objection?

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The Appellate Bench of the Court appears to have also considered various judgments cited at the Bar on the applicability of Section 151 of t...
Friday, 26 June 2020

Whether court directing wife to undergo gender detection test amounts to a violation of her right to privacy?

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This petition has been filed by the petitioner/wife under Article 227 of the Constitution of India against the orders dated 16.8.2018 as...
Sunday, 8 March 2020

Whether court can condone delay in execution of decree as per S 5 of limitation Act?

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It is also trite that the civil court in absence of any express power cannot condone the delay. For the purpose of condonation of delay in...

Whether court can entertain temporary injunction application in pauper suit?

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In those cases, it was held that a plaint filed by a pauper with an application to sue in forma pauperis cannot be treated as a suit. In t...
Sunday, 15 December 2019

Whether the court can restore suit dismissed in default in the exercise of inherent powers?

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Overruling the view taken by the learned Single Judge of this Court and answering the reference by declaring that Section 151 of the Code ...
Saturday, 14 September 2019

Whether De novo proceeding is to be initiated after return of plaint?

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The provisions of Section 151 would come to the aid of the Court, as no Code can possibly make provisions so as to meet every situation wh...
Monday, 1 July 2019

Whether court can stay suit proceeding as per S 151 of CPC?

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Thus, section 10 of the Code bars the court from proceeding with the trial of any suit in which the matter in issue is also directly and s...
Sunday, 28 April 2019

When court can restore execution application as per S 151 of CPC?

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Under Order XXI Rule 105 of CPC, the Court is empowered to fix a date for hearing of the execution application. It further provides that i...
Saturday, 23 March 2019

Whether application for extension of time to pay deficit court fees is maintainable after rejection of plaint?

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As against the order rejecting the Plaint for failure to deposit the Court fees within the prescribed period, no doubt remedy of Appeal i...
Saturday, 14 October 2017

When it is not permissible for court to extend time U/S 151 of CPC?

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  The question is whether a trial court after it has ordered specific performance of a contract, on a sum of money being put in within a s...
Thursday, 20 July 2017

Whether it is permissible for defendant to claim injunction?

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 In any event of the matter, it is now settled law that injunctions can even be sought by the defendants and granted against the plaintiff...
Tuesday, 20 June 2017

Whether court can direct tenant to deposit rent amount in court under inherent powers U/S 151 of CPC?

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 The attempt was made on the part of the learned counsel to contend that if the landlord-plaintiff is not getting any amount and the defen...