A second application under Order VII Rule 11 of the Code of Civil Procedure, 1908 seeking rejection of a plaint is barred by res judicata if the same issue was directly and substantially dec..

While considering an application for condonation of delay, it is the sufficiency of the cause shown that is of paramount importance -- Neither the length of the delay nor the number of days ..

There is no bar on filing a complaint under S.138 of the NI Act against a sick company -- Even where a restraint order exists under S.22-A of SICA, the nature of such restraint order and the..

Where a minor who is a legal heir is not made a party to the proceedings, and no steps are taken to appoint a lawful guardian on his behalf, the minor cannot be expected to appear or raise o..

A decree for specific performance is conditional in nature and imposes reciprocal obligations on the decree-holder. Failure to deposit the balance sale consideration within the time stipulat..

Summary judgment under Order XIII-A of the Code of Civil Procedure is a discretionary procedural tool designed to prevent unnecessary trials in commercial disputes. It must be granted where ..

Death of a landlord does not automatically extinguish an eviction claim founded on bonafide need; legal heirs may amend the plaint to include their own requirements, particularly where the o..

The right to seek interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 is available to any party to an arbitration agreement, including an unsuccessful party in arb..

An arbitration clause using the word 'can' does not constitute a binding arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The word 'can' denotes capacity ..

Observations made by a High Court in a civil revision petition that mischaracterise the pleaded positions of parties or the effect of prior judicial directions are prima facie erroneous and ..

A plaint cannot be rejected under Order VII Rule 11(d) of the CPC on the ground that the suit is barred by Order II Rule 2. Order VII Rule 11(d) applies only where the suit is barred by any ..

While formal framing of issues may not be mandatory in ex parte suits under Order 14 Rule 6 of the CPC, a court is legally obligated to identify "points for determination" before rendering j..