Civil suit -- Expeditious disposal - Directions issued : (i) Courts to ensure proper execution of summons in a time bound manner; (ii) Courts to ensure that written statement is filed with prescribed limit; (iii) Courts to ensure that after pleadings are complete, parties are called to appear as indicated in Order 10 and record admissions and denials and direct parties to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Condition that plaint contemplates an urgent interim relief is satisfied - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Non-grant of interim relief at the ad-interim stage when plaint is taken up for registration/admission and examination will not justify dismissal of commercial suit U.O.7.R.11 CPC, as at times interim relief is granted after issuance of notice...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Suit cannot be dismissed U.O.7.R.11 CPC merely because interim relief post the arguments is denied on merits on examination of three principles i.e (i) prima facie case; (ii) irreparable harm and injury; and (iii) balance of convenience...........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction simpliciter without seeking relief of declaration - When in a suit for perpetual injunction based on title, defendant pleads perfection of his title by adverse possession against plaintiff or his predecessor, plaintiff need not claim a declaration of title, as there was no cloud on title of..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plea of adverse possession and title - Defendant admitted the ownership of father of plaintiff - Plaintiff became one of co-owners along with his brothers after demise of his father - Deed of partition pleaded by defendant not proved - Two alternative pleas of adverse possession and title was sought..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has not considered the merits of suit and counter claim - Order of High Court set aside - Matter remanded...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and possession - Once the title of plaintiff's vendor acquired under sale deed is established and purchase of same property by plaintiff i.e his father on his behalf under registered sale deed is held by two Courts, there was no reason or justification to interfere with concurrent..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction for infringement of copyright and passing-off - For establishing goodwill of the product, it is necessary for plaintiff to prove not only the figures of sale of product but also the expenditure incurred on promotion and advertisement of the product...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction for infringement of copyright and passing-off - Statement of accounts signed by Chartered Accountant of plaintiff indicating the expenses incurred on advertisement and promotion and figures of sale may constitute a material which can be considered for examining whether a..........
