Search Results for Tag : Written Statement

Judgments

Court shall pronounce judgment where a party failed to present written statement within time permitted or fixed by Court(14.12.2016)

Plaintiff has filed present appeal impugning an order passed by d Joint Registrar whereby applications filed by Defendants for seeking permission to f.....

Tags : Written Statement, Filing, Time period

Supervisory jurisdiction conferred on High Court is confined only to see whether an inferior Court or tribunal has proceeded within parameters of its jurisdiction(15.12.2017)

The present appeal arises from a judgment of the High Court by which an order of the trial Court allowing an application filed by the Appellant for am.....

Tags : Written Statement, Amendment, Validity

Existence of a sufficient cause for permitting Defendant to file written statement is imperative for granting extension of time(10.10.2019)

Present petition under Article 227 of Constitution of India, 1950 takes exception to an order passed by the learned Judge, whereby the learned Judge a.....

Tags : Written statement, Filing of, Delay

Written statement is not liable to be struck off the record, if sufficient cause is shown for delay(20.03.2020)

Present is an application filed by the Plaintiffs under Order VIII Rule 1 of the Code of Civil Procedure, 1908 [CPC] for a direction that, the written.....

Tags : Written statement, Filing, Delay

Consumer fora has no jurisdiction to accept the written statement beyond the period of 45 days(11.02.2021)

The Petitioners have preferred the present special leave petition against the impugned order passed by the National Consumer Disputes Redressal Commis.....

Tags : Written statement, Delay, Condonation

Extension of limitation will not be applicable in circumstances where the Defendant was not prevented from filing written statement(17.12.2021)

Present order will dispose of the application filed by the Defendants under Order VIII Rule 1 read with Section 151 of Code of Civil Procedure, 1908 (.....

Tags : Delay, Condonation, Written statement

Every allegation of fact in the plaint, if not denied in the written statement shall be taken to be admitted by the Defendant(04.03.2024)

The issue under consideration in the present appeal is regarding genuineness of the Will dated 9th October, 1984, which is a registered document, exec.....

Tags : Written statement, Specific admission, Admission

Time limit for filing the written statement is only directory and not mandatoryin non- commercial suits(10.04.2024)

The present petition assails the impugned orders passed by Trial Courtwhereby the learned trial court did not take on record the written statement of .....

Tags : Written Statement, Time limit, Extension

Commercial matters to not be kept lingering in no-contest(07.09.2015)

The Delhi High Court allowed a trade mark suit in favour of international food chain, ‘Burger King’ despite the Defendant’s non-cooperation. Arising f.....

Tags : Trade mark, summons, written statement, ex parte

News

Supreme Court: No Ban on Filing Counter-Claim after Filing Written Statement(20.11.2019)

Supreme Court has ruled that a Court can exercise its discretion and permit the filing of a counter claim after the written statement till the stage o.....

Tags : Supreme Court, Written Statement

SC: Period for Filing of Written Statement Directory In Civil Suits; But Mandatory in Commercial Suit(20.10.2021)

Supreme Court has observed that the period of 90 days for filing of written statement under Order VIII Rule 1 of Code of Civil Procedure, 1908 in civi.....

Tags : Supreme Court, Period for Filing of Written Statement

COMMERCIAL - 120 Days Deadline to File Written Statement in Commercial Suits is Mandatory: SC(19.02.2019)

Supreme Court has observed that proviso added to Code of Civil Procedure by Commercial Appellate Division of High Courts Act, 2015, is mandatory and n.....

Tags : Supreme Court, Commercial Courts, Written Statement

COMMERCIAL - Deadline of 120 Days to File Written Statement in Commercial Suits is Mandatory: SC(19.02.2019)

Supreme Court has observed that proviso added to Code of Civil Procedure by Commercial Appellate Division of High Courts Act, 2015, is mandatory and n.....

Tags : Supreme Court, Commercial Courts, Written Statement

Gauhati HC: Absence of Petitioner After Filing Written Statement No Basis to Pass Order Against Him(28.12.2019)

Gauhati High Court has noted that the mere fact that proceedee has remained absent after filing written statement and documents cannot be a justificat.....

Tags : Gauhati HC, Written Statement

Delhi HC: No Extension of Limitation Where Defendant Not Prevented from Filing Written Statement(20.12.2021)

Delhi High Court has observed that the Supreme Court's orders on extension of limitation will not be applicable in circumstances where the defendant w.....

Tags : Delhi High Court, Filing of Written Statement

All. HC: No Illegality in Taking Written Statement of Witness Under Section 161 CrPC(26.12.2022)

Allahabad High Court has held that if written statement has been submitted by the witness himself to the Investigating Officer and the IO assures its .....

Tags : Allahabad High Court, Written Statement, Section 161 CrPC

SC: No Bar on Allowing Counter Claim Filed Long After Written Statement But Before Framing of Issues(13.10.2022)

Supreme Court has held that there is no bar in taking on record a counter claim filed long after filing of written statement but before framing of iss.....

Tags : Supreme Court, Written Statement, Counter Claim

Delhi HC: Time for Filing Written Statement Starts From Date of Providing Suit to Defendant(17.10.2022)

Delhi High Court has ruled that the time for filing the written statement by the defendant under the Code of Civil Procedure, after issuance of summon.....

Tags : Delhi High Court, written statement, summons, Code of Civil Procedure

CIVIL MP HC: WS Filed After 120 Days Not Permissible, Summer Vacations Not 'Extraordinary Circumstanc(02.02.2024)

Madhya Pradesh High Court has held that a written statement (WS) filed after the lapse of 120 days since the service of summons cannot be permitted to.....

Tags : Madhya Pradesh High Court, Written Statement, Summer Vacations, Extraordinary Circumstance

SC: Failing to File Written Statement Within Time Does Not Lead to a Decree Against the Defendant(15.01.2024)

Supreme Court has held that mere failure or neglect of a defendant to file a written statement controverting the pleaded facts in the plaint, may not .....

Tags : Supreme Court, Written Statement, Decree, Defendant

Madras HC: Time Limit for Filing Written Statements to Counter Claims Not Mandatory(31.01.2022)

Madras High Court has held that the mandatory time limit of 120 days to file a written statement in a commercial suit is not applicable to written sta.....

Tags : Madras High Court, Time Limit for Filing Written Statements

Gujarat HC: Maximum Limit of 90 Days for Filing Written Statement Directory Not Mandatory(27.01.2022)

Gujarat High Court has held that the maximum limit of 90 days for filing the written statement as under Order VIII Rule 1 of Code of Civil Procedure, .....

Tags : Gujarat High Court, Filing Written Statement

Bombay High Court: Pardanashin Woman Allowed to Amend Written Statement(11.03.2024)

Bombay High Court has allowed a pardanashin woman to amend her written statement on the ground that the woman was illiterate and was unable to underst.....

Tags : Bombay High Court, Written Statement, Pardanashin Woman, Illiterate

Supreme Court: Replication to WS Can be Filed by Election Petitioner if New Facts Not Introduced(10.05.2024)

Supreme Court has observed that a replication in an election petition can be filed by an election petitioner against a written statement, only on the .....

Tags : Supreme Court, Election Petition, Replication, Written Statement

Supreme Court: Plea Of Hardship Cannot Be Raised If Not Pleaded In Written Statement(10.05.2019)

Supreme Court has observed that a Defendant in a specific performance suit should plead in his written statement the hardship that will be caused if t.....

Tags : Supreme Court, Written Statement

MP HC: Can Allow Filing of WS Beyond Limitation Period if Exceptional Circumstances are Made Out(24.05.2024)

Madhya Pradesh High Court while hearing a petition against closure of right of petitioner to file Written Statement (WS), has observed that it would b.....

Tags : Madhya Pradesh High Court, Exceptional Circumstances, Written Statement

JKL HC: Court Can’t Extend Period for Filing Written Statement Beyond 120 Days(27.04.2023)

Jammu and Kashmir and Ladakh High Court has held that period of 120 days to file written statement under CPC is mandatory in nature so far as its appl.....

Tags : Jammu and Kashmir and Ladakh High Court, Written Statement, Mandatory Period

Jh. HC: Provisions to File Written Statements Within 90 Periods is Directory Not Mandatory(30.07.2024)

Jh. HC has observed that in Order VIII Rule 1 r/w S. 151 of C.P.C. time prescribed for filing WS from date of service of notice is 30 days. Further, 6.....

Tags : Jharkhand High Court, Written Statements, 90 days

SC: Opposite Party Whose Right to File WS is Closed, Can’t Bring in Pleadings through Evidence(23.07.2024)

SC has held that in absence of provisions dealing with non-filing of WS/forfeiture of right to file a WS, it can only be held that it should bar the o.....

Tags : Supreme Court, Opposite Party, Written Statement

Bom HC: CPC Doesn’t Have Provision to Extend Time for Filing WS Due to Pendency of Misc. Application(06.08.2024)

Bombay High Court has observed that there is no provision in the Civil Procedure Code, 1908 or any pronouncement of the Court stating that time to fil.....

Tags : Bombay High Court, Written Statement, Miscellaneous Application

P&H HC: Courts Must Be Cautious While Exercising Discretion to Condone Delay in Filing WS(23.05.2022)

Punjab and Haryana High Court has held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise the.....

Tags : Punjab and Haryana High Court, CPC, Written Statement, Condone Delay

Del. HC Uphelds Constitutional Validity of Rule 4 of Delhi High Court (Original Side) Rules, 2018(27.08.2024)

Delhi High Court has upheld the constitutional validity of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018 which makes it mand.....

Tags : Delhi High Court, Constitutional Validity, Written Statement