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..

A Family Court possesses power to direct medical examination of a spouse to determine mental disorder in divorce proceedings under Section 13(1)(iii) of the Hindu Marriage Act. However, such..

Any alteration or correction in an unprivileged will has no legal effect unless duly attested by the testator and witnesses in the manner prescribed under Section 71 of the Indian Succession..

A subsequent suit for declaration of title is barred under Explanation IV to Section 11 CPC, read with Order II Rule 2 CPC, if the plaintiff omitted to seek such declaration in an earlier su..

Non-execution of a declaratory decree cannot justify a delayed challenge to that decree, particularly where the decree-holder is already in possession of the suit property. A plaintiff holdi..

An advocate has no lien over case bundles or legal proceedings and cannot halt the progress of a case to compel payment of disputed fees. A fee dispute between an advocate and a private liti..

Pendente lite maintenance under Section 24 of the Hindu Marriage Act is not a matter of course. Where the income of the wife is comparable to that of the husband and there are no children to..

Riding without a valid driving license or carrying two pillion riders — does not by itself constitute contributory negligence under the Motor Vehicles Act, 1988. A finding of contributory ..

A religious mutt qualifies as a "legal representative" under Section 2(11) of the Civil Procedure Code for the purpose of claiming motor accident compensation. The term "legal representative..

Mere violation of a statutory provision, such as non-wearing of a helmet, does not automatically entitle a tortfeasor to plead contributory negligence. Such violation must have a direct caus..

Eviction proceedings against a tenant cannot be continued once the tenant acquires ownership rights in the suit property, even to the extent of a share. Upon such acquisition, the tenant att..