Corporate Lawyer

Directions cannot be given by HC of general or public importance without there being any pleadings or prayer in Writ Petition: SC

By team of Advocate Retainer July 21, 2021 - 08:00

Directions cannot be given by HC of general or public importance without there being any pleadings or prayer in Writ Petition: SC

The SC on July 15, 2021 {SACHIN KASHYAP & ORS. vs. SUSHIL CHANDRA SRIVASTAVA & ORS.} held that since there were neither pleadings nor any ...

Posted in Relief given by HC beyond pleadings, Writ Jurisdiction

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Supreme Court: In a money suit, the Court must invariably resort to Order XXI Rule 11 CPC, ensuring immediate execution of decree for payment of money on oral application

By team of Advocate Retainer June 28, 2021 - 05:00

Supreme Court: In a money suit, the Court must invariably resort to Order XXI Rule 11 CPC, ensuring immediate execution of decree for payment of money on oral application

The SC on April 22, 2021 {RAHUL S SHAH vs. JINENDRA KUMAR GANDHI & ORS.} held that for execution of decrees, Executing Court must not go beyon...

Posted in Appointment of Receiver after decree, Claims in execution, Delay in Execution, Execution, Local Commissioner, Modes of Execution, Objections in Execution, Order X CPC, Order XI CPC, Order XL CPC, Order XXI Rule 35 CPC, Order XXI Rule 97 CPC, Order XXI Rule 98 CPC, Order XXI Rule 99 CPC, Order XXVI Rule 9 CPC, Sec 51 CPC, Security in money suit by defendant

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Policies give rise to legitimate expectations that the state will act accordingly, Supreme Court

By team of Advocate Retainer December 02, 2020 - 08:30

Policies give rise to legitimate expectations that the state will act accordingly, Supreme Court

The SC on December 1, 2020 {The State of Jharkhand and Ors. vs. Brahmputra Metallics Ltd., Ranchi and Anr.} held that the basis of the doctrine of...

Posted in Doctrine of legitimate expectation, Promissory Estoppel, Unjust Enrichment

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Public Body has to be fair and not arbitrary, cannot withheld money: Supreme Court

By team of Advocate Retainer November 25, 2020 - 08:30

Public Body has to be fair and not arbitrary, cannot withheld money: Supreme Court

The SC on November 24, 2020 {CHIEF EXECUTIVE OFFICER AND VICE CHAIRMAN GUJARAT MARITIME BOARD vs. ASIATIC STEEL INDUSTRIES LTD AND ORS.} held that...

Posted in Withholding amount by State, Writ Petition, Writ Petition for recovery of money

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[Filing of documents after WS] Courts must lean towards doing substantial justice rather than relying upon procedural and technical violation, SC

By team of Advocate Retainer October 29, 2020 - 07:00

[Filing of documents after WS] Courts must lean towards doing substantial justice rather than relying upon procedural and technical violation, SC

The SC on OCT 13, 2020 {ARUNA OSWAL vs PANKAJ OSWAL & ORS.} held that Sub-rule (1) of Order 8 Rule 1A CPC mandates the defendant to produce th...

Posted in Documents missing, Handmaid of justice, Order 8 Rule 1A(1) CPC, Permission to file documents, Written Statement

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[Three Judge Bench]: De novo trial in case of return of Plaint under Order VII Rule 10 CPC, Supreme Court

By team of Advocate Retainer August 06, 2020 - 14:22

[Three Judge Bench]: De novo trial in case of return of Plaint under Order VII Rule 10 CPC, Supreme Court

The SC on August 05, 2020 {M/S. EXL CAREERS AND ANOTHER vs FRANKFINN AVIATION SERVICES PRIVATE LIMITED} held that presentation of the plaint in a ...

Posted in Art 136, Art 142, Case at advanced stage, Complete justice, De novo Trial, Direction to continue from where ordered to be returned, Order 7 Rule 10 CPC, Order 7 Rule 10A CPC, Return of Plaint

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[Sree Padmanabhaswamy Temple] Death of 'Sree Chithira Thirunal Balarama Varma' would not in any way affect the Shebaitship of the royal family of Travancore, must devolve upon his successor: Supreme Court

By team of Advocate Retainer July 16, 2020 - 11:40

[Sree Padmanabhaswamy Temple] Death of 'Sree Chithira Thirunal Balarama Varma' would not in any way affect the Shebaitship of the royal family of Travancore, must devolve upon his successor: Supreme Court

The SC on July 13, 2020 {SRI MARTHANDA VARMA (D) THR. LRs. & ANR. vs STATE OF KERALA & ORS.} held that the expression Shebait is derived f...

Posted in Articles 291, Articles 362, Constitution (Twenty Sixth Amendment) Act, Mahant, principle of escheat, royal family of Travancore, Ruler of Travancore, Shebait, Shebaitship, Sree Padmanabhaswamy Temple

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SC dismisses the Petition alleging favoritism in listing on the Registry

By team of Advocate Retainer July 13, 2020 - 09:30

SC dismisses the Petition alleging favoritism in listing on the Registry

The SC on July 6, 2020 {REEPAK KANSAL vs SECRETARY GENERAL, SUPREME COURT OF INDIA & ORS.} held that it is to be remembered by worthy lawyers...

Posted in Expectations from Lawyers, Registry, Supreme Court

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[SLP against interim order] Supreme Court holds stay without recording any reason affecting revenue of the State cannot be permitted

By team of Advocate Retainer June 24, 2020 - 12:00

[SLP against interim order] Supreme Court holds stay without recording any reason affecting revenue of the State cannot be permitted

The SC on June 24, 2020 {RAJASTHAN STATE WAREHOUSING CORPORATION vs STAR AGRIWAREHOUSING AND COLLATERAL MANAGEMENT LIMITED & ORS. } held that ...

Posted in Public Contract, SLP against interim order

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For limitation under Art. 113 it has to be seen when the right to sue accrues, not when the right to sue "first" accrues: SC

By team of Advocate Retainer June 05, 2020 - 12:57

For limitation under Art. 113 it has to be seen when the right to sue accrues, not when the right to sue "first" accrues: SC

The SC on June 05, 2020 {Shakti Bhog Food Industries Ltd. vs The Central Bank of India & Anr.} held that it is well established position that ...

Posted in Art. 113, Extension of limitation, Letters, Mixed question of facts and law, Order 7 Rule 11 CPC, Plaint to be read as a whole, Question of limitation