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Showing posts with label litigant. Show all posts
Showing posts with label litigant. Show all posts
Tuesday, 23 May 2023

Whether a litigant can file civil appeal in anticipation?

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The doctrine of eclipse has no application in a case of this nature. An appeal preferred in terms of Section 96 CPC must conform to the requ...
Sunday, 19 February 2023

What is the litigant's duty if the opposite side has given a pay order to him during the pendency of the proceeding?

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   In the opinion of this court, the impugned order has not rested its findings on any principle of law, much less any statutory provision. ...
Sunday, 27 November 2022

Whether the court can presume that litigant was aware of court procedure if she has filed three criminal cases?

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   It is an established position from record that the summons was served, yet the Appellant refused. The Appellant had knowledge of the lega...
Monday, 24 October 2022

What is duty of a litigant while seeking ex-parte injunction?

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To avoid ambiguity, I take the liberty of briefly summarizing the key principles I believe apply to every ex parte application. I do so beca...
Thursday, 29 September 2022

Whether Litigant is Entitled To Refund Of Court Fees If Matter is Settled Outside Court Without Invocation Of S.89 CPC?

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 In view of the aforesaid,  I am of the considered opinion that even if the  matter is settled by the parties outside the Court without invo...
Tuesday, 19 July 2022

What is duty of a litigant who is seeking exparte relief?

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    The underlying object has been succinctly stated by Scrutton, L.J., in the leading case of   R. v. Kensington Income Tax Commissioners ,...
Saturday, 10 October 2020

Whether court can prosecute parties for making false pleading as per S 209 of IPC U/S 340 of CRPC?

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15. Conclusions 15.1 Section 209 of the Indian Penal Code, is a salutary provision enacted to preserve the sanctity of the Courts and to saf...
Friday, 5 June 2020

Supreme Court: Govt & Statutory authorities should act Model litigant and should not put forth false, frivolous, vexatious, technical plea

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This Court, has time and again held, that the State should act as a model litigant. In this respect, we can gainfully refer to the followi...
Sunday, 23 February 2020

Whether litigant seeking condonation of delay due to negligence of his Advocate should make him a party to proceeding?

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 This submission, at the first blush, appears very attractive and tends the Court to interfere with the matter.  However, after hearing th...
Friday, 21 June 2019

Whether litigant can condemn his Advocate behind his back for seeking condonation of delay?

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However, after hearing the learned counsel for the applicant, especially when a query was put to the learned counsel in respect of the co...
Saturday, 13 April 2019

Whether litigant who settles case in Lok Adalat is entitled to get refund of 100% Court Fees?

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 For the reasons which we have recorded, we are of the view that subSection (1) of Section 21 is a case of legislation by incorporation. ...
Sunday, 3 March 2019

Whether Advocate can prosecute litigant for cheating if they fail to pay his fees?

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Conspectus to facts/case needs revaluation. The accused-applicants, already harassed couple, with trust deficit, difference of opinion i...
Saturday, 26 January 2019

Whether it is mandatory for litigant to file copy of amended plaint after amendment of plaint?

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Considering this situation and the law laid down in Bishnu Prasad (supra),  I am of the view that when any document undergoes an amendment...
Tuesday, 18 December 2018

When court should not give opportunity to a party to move higher court for redressal?

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It cannot be underestimated that it is the privilege of a Court to pass an order one way or the other on merits, in accordance with law, y...
Sunday, 14 October 2018

Whether court can direct litigant to furnish English translation of pleading if it is in Marathi language?

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 We have heard the learned Counsel for petitioner. The petitioners are aggrieved by a circular which is annexed at Exh.A and B issued by ...
Saturday, 16 June 2018

Whether court should allow amendment of pleading made by educated litigant after delay of 27 years?

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  As pointed out earlier, the application was filed after 27 years of filing of the suit. Of course, the power to allow the amendment of s...
Sunday, 13 May 2018

Basic concepts of CPC Part 3 definitions

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Order S 2(14) of CPC An order has been defined as the formal expression of any decision of a civil court which is not a decree. Di...
Thursday, 29 March 2018

How to appreciate difficulty of litigant while setting aside exparte order?

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The application for setting aside the order on ex parte has been moved on the same day.  When the litigant specifies the cause for absence...
Wednesday, 3 January 2018

Whether case can be remanded to give fresh opportunity to litigant?

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The prayer on behalf of the plaintiff-respondents for remand of the matter to the appellate court below for fresh hearing is to be now exa...
Wednesday, 4 October 2017

Whether litigant can be granted relief if he makes allegation against his advocate behind his back?

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 Mr. Karmarkar, learned counsel for the applicant submitted that the applicant has given the said amount to his earlier Advocate.   How...