Civil Procedure Code – CPC
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False Affidavit: Supreme Court Judgments
Filing a false affidavit or swearing to a false affidavit is a serious offence and can have significant legal consequences. 1. What is an Affidavit? An affidavit is a sworn written statement of fact that is used as evidence in legal proceedings. 2. Filing false affidavit is an Offence When a person submits a false…
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SC issues 12 Directions for Speedy Trial of Civil Cases
The Honorable Supreme Court in a landmark judgment issued 12 directions for speedy trial of civil cases in Courts at district and taluka levels. The courts at district and taluka levels were directed to ensure timely execution of summons, filing of written statements, and completion of pleadings. Post-pleadings, parties are to attempt ADR or proceed…
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Necessary Party and Proper Party for Effective Adjudication – SC Judgment
Who is a Necessary Party? Who is a Proper Party? Landmark Supreme Court Judgment on the difference between a ‘necessary party’ and a ‘proper party’. The Supreme Court of India in Mumbai Intl Airport Pvt Ltd vs. Regency Convention Centre & Hotels Pvt. Ltd. & Ors., (2016) 2 SCC 779 held- “15. A “necessary party” is a person who ought to…
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Order obtained by Fraud – Power to Recall the Order
“21. In Smith v. East Elloe Rural Distt. Council the House of Lords held that the effect of fraud would normally be to vitiate any act or order. In another case, Lazarus Estates Ltd. v. Beasley, Denning, L.J. said: ‘No judgment of a court, no order of a Minister, can be allowed to stand if…
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Duty of Applicant to Disclose all Material Facts
The underlying object has been succinctly stated by Scrutton, L.J., in the leading case of R. v. Kensington Income Tax Commrs.– (1917) 1 KB 486 : 86 LJKB 257 : 116 LT 136 (CA) in the following words: (KB p. 514) “… it has been for many years the rule of the court, and one…
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Second Preliminary Decree in Partition Suit – Supreme Court
We are of opinion that there is nothing in the Code of Civil Procedure which prohibits the passing of more than one preliminary decree if circumstances justify the same and that it may be necessary to do so particularly in partition suits when after the preliminary decree some parties die and shares of other parties…
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Supreme Court on When to File a Suit for Declaration
What is a suit for declaration? Section 34 of the Specific Relief Act and salient features of a suit for declaration. Supreme Court judgments on when to file a suit for declaration… 1. What is a suit for declaration? A suit for declaration is a legal action filed in a court by an individual or…
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