Search Results for Tag : Pleading
International Cases
A statement of claim must state the material facts to support the claim for relief, but not the evidence by which those facts are to be proved(06.01.2020)
In present case, on 20 December 2019, the application filed by the Defendant, Cutmere Pty Ltd, to strike out part of the statement of claim. The appli.....
Tags : Pleadings, Paragraphs, Striking off
Judgments
Pleadings allowed to be amended when 'petition ripe for hearing'(07.08.2015)
The Court allowed an amendment of pleadings requiring a determination of jurisdiction by the court. The Court questioned whether the amendment was nec.....
Tags : amending pleading, territorial jurisdiction
Judicial review finds errors in Patna ruling on Advocates-on-Record(30.09.2015)
Reiterating in some detail the purpose behind judicial review, and evolution over the years of its scope, the Patna High Court determined that unless .....
Tags : Judicial review, advocate, on record, pleading
News
Allahabad HC: Clerical Mistake in Verification of Pleadings Can be Rectified U/O VI Rule 17 CPC(28.04.2022)
Allahabad High Court has ruled that a clerical/procedural mistake that has occurred in the authentication of pleadings can be rectified by moving the .....
Tags : Allahabad High Court, pleadings, Order VI Rule 17, Code of Civil Procedure, 1908
Allahabad HC: Clerical/Procedural Mistake in Pleadings Can be Rectified Under Order VI Rule 17 CPC(29.04.2022)
Allahabad High Court has observed that a clerical/procedural mistake that has occurred in the verification of pleadings can be rectified by moving the.....
Tags : Allahabad High Court, Order VI Rule 17, Code of Civil Procedure, 1908, pleadings
Allahabad HC: Clerical/Procedural Mistake in Pleadings Can be Rectified Under Order VI Rule 17 CPC(29.04.2022)
Allahabad High Court has observed that a clerical/procedural mistake that has occurred in the verification of pleadings can be rectified by moving the.....
Tags : Allahabad High Court, Order VI Rule 17, Code of Civil Procedure, 1908, pleadings
Delhi HC: Suit Can Be Rejected Without Trial Where Proceedings Are Time Barred(06.04.2022)
Delhi High Court has ruled that where the plaintiff’s pleading discloses that a suit is barred by time, there is no fetter on the trial Court to rejec.....
Tags : Delhi High Court, Pleadings Disclose Proceedings, Time Barred
Delhi HC: Bounden Duty of Counsel to Ensure That Pleadings Filed Before Court Are Intelligible(10.05.2022)
Delhi High Court has observed that in cases where parties are represented by counsel, the said counsel have a bounden duty to ensure that pleading, fi.....
Tags : Delhi High Court, intelligible, pleading
Sikkim HC: Court Can't Travel Beyond Pleadings in a Suit to Frame Issues(12.09.2022)
Sikkim High Court has held that trial courts can frame issues with regard to only those pleadings which are asserted by one party and denied by other......
Tags : Sikkim High Court, Framing of Issues, Pleadings
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
Kerala HC: No Absolute Privilege Against Defamation in Pleadings(12.03.2021)
Kerala High Court has observed that there is no absolute privilege against defamation available to allegations/claims in pleadings. The Court has stat.....
Tags : Kerala High Court, Defamation in Pleadings
Del. HC: Arbitrator Can Declare Terms of Contract Null Even if Not Sought by Party in Pleadings(15.03.2023)
Delhi High Court while observing that it is within the domain of the Arbitrator to interpret the terms of the contract has held that arbitrator can de.....
Tags : Delhi High Court, Arbitrator, Contract, Pleadings
Kerala High Court Issues Guidelines for Where Persons Accused of Offences Pleads Guilty(10.06.2021)
Kerala High Court has issued guidelines to be adhered to in cases where persons accused of offences plead guilty and such directions include, explanat.....
Tags : Kerala High Court, Guilty Pleading
Bombay HC Allows Use of A4 Size Paper for Pleadings Across Courts in Maharashtra(15.07.2021)
Bombay High Court has mandated the use of A4 size paper of superior quality with no less than 75 GSM, printed on both sides, for pleadings and support.....
Tags : Bombay High Court, Use of A4 Size Paper for Pleadings
SC: No Bar in Permitting Amendment of Pleadings or Filing of Documents in CIRP Application(05.08.2021)
Supreme Court has observed that there is no bar in permitting amendment of pleadings or to the filing of additional document in an application under S.....
Tags : Supreme Court, Amendment of Pleadings or Filing of Documents in CIRP Application
JKL HC: Purpose of Order 6 Rule 17 of CPC is to Advance Substantial Justice(05.06.2023)
Jammu and Kashmir and Ladakh High Court while observing that Order 6 Rule 17 of CPC exists to ensure that parties involved in legal dispute receive fa.....
Tags : Jammu and Kashmir and Ladakh High Court, CPC, Justice, Pleadings, Amendment
JKL HC: Pedantic Approach Must be Avoided While Dealing with Appln. for Supplementing Pleading(05.09.2023)
Jammu and Kashmir and Ladakh High Court has held that pedantic approach need not be applied by court as far as supplementing original pleadings with t.....
Tags : Jammu and Kashmir and Ladakh High Court, Pedantic Approach, Supplementing Pleading
Delhi HC: Court is Permitted to Entertain Application to Amend Admission Made in Pleadings(09.08.2021)
Delhi High Court has observed that a Court is permitted to entertain an application to amend an admission made in pleadings even after reserving judgm.....
Tags : Delhi High Court, Application to Amend Admission Made in Pleadings
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
All. HC: Petitioner Cannot be Permitted to Argue the Case Beyond the Pleadings(19.10.2023)
Allahabad High Court while refusing to quash penalty order passed under Section 129 of CGST Act, 2017, has held that once the finding of fact, which h.....
Tags : Allahabad High Court, GST, Pleading
Supreme Court Frames Guidelines for Speeding up Process of Hearing Pleas Against Death Sentences(17.02.2020)
Supreme Court has framed a set of guidelines that mandate the Apex Court benches to hear Appeals challenging decisions of High Courts confirming the a.....
Tags : Supreme Court, Guidelines for Speeding up Death Sentence Pleadings
Supreme Court: Parties Cannot Lead Evidence Beyond Pleadings(06.03.2024)
Supreme Court has held that there is no quarrel with the proposition of law that no evidence could be led beyond pleadings.
Tags : Supreme Court, Evidence, Pleadings
SC: Written Statement Should Have Specific Admission and Denial of Pleadings in Plaint(06.03.2024)
Supreme Court has held that Order VIII Rules 3 and 5 of Code of Civil Procedure, 1908 provides for specific admission and denial of the pleadings in t.....
Tags : Supreme Court, Pleadings, Admission
All. HC: Arbitrator’s Requirement to Provide Reason Hinges on Pleadings & Available Docs. on Record(09.05.2024)
Allahabad High Court has held that the arbitrator’s requirement to provide reasons in accordance with Section 31(3) of the Arbitration and Conciliatio.....
Tags : Allahabad High Court, S. 31(3) of A&C Act, Pleadings