Showing : 1-10 of 1738 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Delay and laches -- Cannot be raised in a case of continuing cause of action or if circumstances shock judicial conscience of Court...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - When a right accrues in favour of plaintiff it becomes a cause of action for the purpose of O.7.R.11 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 9, 20(2), 42-- Arbitration Award - Jurisdiction - Where it is found on facts of particular case that either no "seat" is designated by agreement, or the so called "seat" is only a convenient "venue", then there may be several Courts where a part of cause of action arises that may have jurisdiction - An..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 2, 14, 20, 31(4), 34, 37, 42-- Arbitral proceedings - Juridical Seat - Place `D' is specifically designated to be seat of arbitration in arbitration clause between parties - Part of cause of action, however, arise in several place, including where contract is partially to be performed - Proceedings were finally held at place..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Provision of O.8.R.6-A CPC does not put an embargo on filing counter claim after filing the written statement - Restriction is only with respect to the accrual of cause of action - However, this does not give absolute right to defendant to file counter claim with substantive delay,..........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Cause of action for filing suit for permanent injunction against encashment of bank guarantees was distinct than subsequent suit for recovery after alleged wrongful encashment of such bank guarantees - Cause of action in both the suits are different and suit for recovery..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Matter compromised in Lok Adalat during pendency of appeal - Cheque, issued in pursuance of such compromise, dishonoured - Complaint filed u/s 138 of the Act - Settlement of matter in Lok Adalat was in acknowledgment of liability of accused to complainant -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Land in dispute is same in both previous and subsequent suit - Cause of action is also same - Previous suit was dismissed after taking evidence U.O.9.R.8 CPC, therefore, second suit is not tenable and plaint liable be rejected - Plaint rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 2-- Withdrawal of suit - In earlier lis between parties, High Court permitted to withdraw suit with liberty to file fresh suit on same cause of action - Limitation law is not affected by the first suit...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Part payment made - Same does not wash away the offence, for which cause of action had already arisen - Such part payment may be taken into consideration at the time of imposing sentence...........

Showing : 1-10 of 1738 Results