Search Results for Tag : Implead

Judgments

Tribunal not required to defend its own order, proceedings under Articles 226 and 227 of Constitution maintainable without Tribunal being impleaded(22.08.2016)

Appellant was employed as an Assistant Teacher, chargesheet was issued to Appellant alleging that, he had proceeded on a pilgrimage without prior perm.....

Tags : Tribunal, Impleadment, Necessity

Petitioner who is not a party to agreement containing an arbitration clause cannot be party to arbitration proceedings between the parties to arbitration agreement(07.02.2018)

The grievance projected by the Petitioner in instant petition is that, while the arbitration proceedings between Respondent Nos. 2 and 4 were going on.....

Tags : Impleadment, Maintainability, Privity, Contract

If a 'necessary party' is not impleaded, the suit itself is liable to be dismissed(07.09.2018)

In instant matter, challenge is thrown to the order passed by the trial Court on an application under Order I Rule 10 of the Code of Civil Procedure, .....

Tags : Impleadment, Jurisdiction, Validity

Promoters include the entity which is constructing building as well as entity which is selling apartments or plots(25.03.2020)

The consumer complaint filed by the Appellant, which was an association representing the buyers, seeks diverse reliefs including the grant of possessi.....

Tags : Party, Impleadment, Direction

Promoters include the entity which is constructing building as well as entity which is selling apartments or plots(25.03.2019)

The consumer complaint filed by the Appellant, which was an association representing the buyers, seeks diverse reliefs including the grant of possessi.....

Tags : Party, Impleadment, Direction

Plaintiff, being the dominus litis, has a right to choose the person against whom he wish to litigate and cannot be compelled to implead a stranger as party to the suit(25.01.2021)

Present writ petition has been filed for issue of a writ, order or direction in the nature of certiorari quashing the impugned order passed by the Add.....

Tags : Proper party, Impleadment, Validity

Court has discretion to add any person as a party who is found to be a necessary party or proper party(19.10.2023)

Present petition has been filed challenging the order passed by the Trial Courtdismissing the application seeking impleadment in the suit. The Petitio.....

Tags : Impleadment, Entitlement, Discretion

Doctrine of lis pendens under Section 52 of the Transfer of Property Act, does not render all transfers pendente lite to be void(10.07.2024)

The present appeal arises out of judgment passed by the High Court whereby the writ petition preferred by the Appellant under Article 227 of the Const.....

Tags : Impleadment, Entitlement, Doctrine

News

SC: Property Purchaser Not Barred by Doctrine of Lis Pendens from Seeking Impleadment in Suit(12.07.2024)

Supreme Court has observed that there exists no bar to the impleadment of transferees pendente lite with notice. Permitting the impleadment of a trans.....

Tags : Supreme Court, Lis Pendens, Property Purchaser, Impleadment in Suit

Power to allow amendment of complaint/suit is wide, mere delay is not a ground for rejecting the amendment(05.06.2018)

Present appeal has been filed by the Appellant/complainant challenging the impugned order passed by Maharashtra State Consumer Disputes Redressal Comm.....

Tags : Impleadment, Amendment, Rejection, Validity

Mere wrong mention of the provision in the application would not prohibit a party to the litigation from getting justice(03.10.2017)

Present appeal arises out of the judgment passed by the Gujarat High Court dismissing the Special Civil Application filed by the Appellant, consequent.....

Tags : Legal representatives, Impleadment, Rejection, Validity

SC: Additional Accused Can’t be Impleaded After Expiry of Limitation Period U/S 142 of NI Act(18.11.2022)

Supreme Court has held that impleadment of additional accused subsequent to the filing of a cheque bounce complaint is not permissible once limitation.....

Tags : Supreme Court, Cheque Bounce, Limitation, Impleadment

A stranger to agreement cannot be impleaded as a party so as to convert a suit of one character into a suit of different character(11.09.2020)

Petitioner has assailed the order passed by the Additional Civil Judge vide which the application under Order 1 Rule 10 read with Section 151 of Code .....

Tags : Legal right, Litigation, Impleadment

SC Allows Application for Impleadment of Chhattisgarh Govt in Plea for Transfer of Trial(11.02.2021)

Supreme Court has allowed the impleadment of the State of Chhattisgarh as Respondent in the plea by the CBI for transfer of the trial in the 'fake obs.....

Tags : SC. Impleadment

SC: Suit is Liable to be Dismissed if Necessary Party is Not Impleaded(28.09.2022)

Supreme Court while laying down twin test for being considered as a necessary party, has held that suit is liable to be dismissed if a ‘necessary part.....

Tags : Supreme Court, Necessary Party, Impleaded

Delhi HC: Order Rejecting Appln. for Impleading 3rd Party is Not Interim Arbitration Award(26.12.2022)

Delhi High Court has held that an order of tribunal rejecting the application for impleading a party to arbitration is not an interim award but merely.....

Tags : Delhi High Court, Interim Arbitration Award, Impleading

Delhi HC Issues Notice on Application Seeking Impleadment of Various Political Leaders(28.02.2022)

Delhi High Court has issued notice on the applications seeking impleadment of various political leaders and others, in order to ascertain as to whethe.....

Tags : Delhi High Court, Impleadment of Political Leaders

HP HC: Mere Interest in a Project Cannot Justify Impleading a Non-Signatory in Arbitration(02.01.2026)

Himachal Pradesh High Court held that mere financial or consequential interest does not justify impleading a non-signatory in arbitration, emphasizing.....

Tags : Interest, Non-Signatory, Impleading

SC: Res Judicata Applies to Impleadment Proceedings Under Order I Rule 10 of the CPC(26.05.2025)

Supreme Court while stating that the principle of res judicata applies to impleadment proceedings, has held that if a party has been given an opportun.....

Tags : Supreme Court, Res Judicata, Impleadment Proceedings

Cal. HC: Cheating Case Against Directors Can’t Survive w/o Impleading Company(12.09.2023)

Calcutta High Court has held that when the agreement was entered into by and between the companies, criminal proceedings in a cheating case can’t surv.....

Tags : Calcutta High Court, Directors, Impleading Company

Uttarakhand HC: Not Obligatory to Implead 'All Eligible Persons' in Proceedings for Maintenance(09.12.2022)

Uttarakhand High Court has observed that it is not mandatory for a person claiming maintenance under Section 125 Cr.P.C. to implead all the persons re.....

Tags : Uttarakhand High Court, Maintenance, Implead

NCLAT: If Ownership Uncertain, Non-Impleadment of Owner as Party in App. u/s 19 of IBC Not Malafide(23.12.2024)

NCLAT New Delhi bench has held that if there is uncertainty over the ownership of the premises then non-impleadment of owner in an application under S.....

Tags : NCLAT New Delhi, Non-Impleadment, Malafide