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Code of Civil Procedure

Supreme Court This Week: Key Rulings You Should Know
Judiciary
Supreme Court This Week: Key Rulings You Should Know

Supreme Court weekly roundup featuring 6 key rulings on cheque-bounce notice, compromise decrees, BNSS cognizance, arbitration, Delhi-NCR safety and pay parity.

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Compromise Decree Passed Without Impleading A Necessary Party Is A Nullity: Supreme Court [Read Order] Judiciary
Compromise Decree Passed Without Impleading A Necessary Party Is A Nullity: Supreme Court [Read Order]

Supreme Court holds that a compromise decree passed without impleading a necessary party is a nullity, allowing the affected legal heirs to seek recall despite Order XXIII Rule 3A CPC.

Order II Rule 2 CPC Bars Second Suit, Supreme Court Sets Aside Specific Performance Decree [Read Judgment] Judiciary
Order II Rule 2 CPC Bars Second Suit, Supreme Court Sets Aside Specific Performance Decree [Read Judgment]

Supreme Court sets aside decrees for specific performance, holding that a fresh suit was barred under Order II Rule 2 CPC after the plaintiff omitted the relief from an earlier suit without obtaining leave.

Address Requirement Cannot Defeat "John Doe" Proceedings Against Unknown Defendants: Kerala HC [Read Judgment] Judiciary
Address Requirement Cannot Defeat "John Doe" Proceedings Against Unknown Defendants: Kerala HC [Read Judgment]

Kerala High Court directs numbering of a ‘John Doe’ suit, holding that insisting on the address of an unidentified defendant under Order VI Rule 14A CPC defeats the purpose of such proceedings.

Pre-Suit Assignee Cannot Be Impleaded As Co-Plaintiff Under Order I Rule 10 CPC: Bombay HC [Read Judgment] Judiciary
Pre-Suit Assignee Cannot Be Impleaded As Co-Plaintiff Under Order I Rule 10 CPC: Bombay HC [Read Judgment]

The Bombay High Court held that an assignee under a deed executed before a specific performance suit cannot be added as a co-plaintiff under Order I Rule 10 CPC, as the assignment was not pendente lite.

Divorce Decree Does Not Bar Wife From Seeking Permanent Alimony Under Section 25 HMA: Madhya Pradesh HC [Read Order]

The Madhya Pradesh High Court held that a divorce decree does not by itself bar a spouse from seeking permanent alimony under Section 25 of the Hindu Marriage Act and granted the wife liberty to appro...

“Once Is Happenstance, Twice Is Coincidence, Three Times Is Enemy Action”: Delhi HC On Trademark Suit Suppression

Delhi High Court vacates trademark injunction against Nugenesys, finding Celagenex suppressed material facts and citing James Bond's “three times is enemy action” observation.

Delhi HC Restrains Varun Beverages From Using ‘SMOOTH’ Over Parle Agro’s ‘SMOODH’

Delhi High Court restrains Varun Beverages from using 'SMOOTH', finding it deceptively similar to Parle Agro's 'SMOODH' and calling the letter substitution “smart copying.”

Allahabad HC Refers Commissioner’s Calls To Judge For Contempt Scrutiny, Dismisses Transfer Plea

Allahabad High Court refers alleged calls by a Divisional Commissioner to a trial judge for criminal contempt scrutiny, while dismissing the transfer plea as infructuous.

Execution Court Cannot Go Behind Decree It Is Asked To Implement : SC

Supreme Court holds that an Executing Court cannot travel beyond the decree or reinterpret its terms while implementing it, and sets aside Himachal Pradesh HC's execution order.

Exemption From Attachment of Judgment-Debtor's House Does Not Extend to Legal Heirs : SC [Read Judgment]

Supreme Court holds that the Section 60(1)(ccc) CPC exemption protecting a judgment-debtor's residential house from attachment is personal and cannot be claimed by legal representatives.

Winding-Up Proceedings Cannot Extend Limitation For Later Money Recovery Suit : SC [Read Judgment]

Supreme Court rules that time spent in winding-up proceedings cannot be excluded under Section 14 of the Limitation Act for a separate money recovery suit, as the two remedies are fundamentally differ...

Composite Appeal Maintainable Against Common Judgment Deciding Suit And Counterclaim : SC

Supreme Court rules that a single composite appeal can challenge a common judgment deciding both a suit and counterclaim, provided separate grounds are stated and court fees are paid for both.

Appellate Court Must Decide Order XLI Rule 27 CPC Application Before Appeal : SC

Supreme Court sets aside Karnataka HC judgment, holding that an appellate court must decide an application for additional evidence under Order XLI Rule 27 CPC before disposing of an appeal.

Father Cannot Utilise Child's PPF Funds To Offset Maintenance Obligations: Delhi HC

Delhi High Court holds that a father cannot adjust his daughter's PPF funds against his independent legal obligation to pay maintenance.


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