The principles for interference in exercise of review jurisdiction are well settled. In Thungabhadra Industries Ltd. v. Govt. of A.P., AIR 1964 SC 1372 the Court while dealing with the scope of review had opined: “A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies […]Read more "Order 47, Rule 1 of The Code of Civil Procedure, 1908"
“It is a settled proposition of law that a decree obtained by playing fraud on the Court is a nullity and that such a decree could be challenged at any time in any proceedings. This proposition is certainly not in dispute. Learned counsel also placed reliance on Union of India v. Ramesh Gandhi, (2012) 1 […]Read more "Fraudulent Decrees"
“There is no provision under The Code of Civil Procedure, 1908 or The Interest Act, 1978 which permits imposition of interest on litigation costs. In view of the deletion of Section 35(3) of the CPC, grant of interest on costs is no longer recognized under Indian law… the same does not mean that Indian Courts […]Read more "Costs Jurisprudence II: Interest on Litigation Costs"
“We think it profitable to examine the scheme of Order VI, Rule 16: “16. Striking out pleadings – The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading – (a) which may be unnecessary, scandalous, frivolous or vexatious, or (b) which may tend to […]Read more "Order 6, Rule 16 of The Code of Civil Procedure, 1908"
“In K.K. Velusamy, (2011) 11 SCC 275 while dealing with the power of the Court under Order 18 Rule 17, this Court held that :- “Order 18 Rule 17 of the Code enables the Court, at any stage of a suit, to recall any witness who has been examined (subject to the law of evidence […]Read more "Order 18, Rule 17 of The Code of Civil Procedure, 1908"
My Lord, Independent of the provisions contained in the Codes of Civil and Criminal Procedure is there a source of power which the Supreme Court can invoke for directing transfer of a case from or to the State of Jammu and Kashmir? Yes. “The fact that there is no such enabling provision for transfer from […]Read more "The Real Apprehension in Transferring Cases II"
“An application under Order VII Rule 11 of the CPC can be filed at any stage… The only restriction is that the consideration of the application for rejection should not be on the basis of the allegations made by the Defendant in his written statement or on the basis of the allegations in the application […]Read more "The Drastic Power of Rejecting a Plaint II"