This article is an excerpt from the judgment Periyammal (Dead) and ors. versus V. Rajamani and anr. 2025 SCC Online SC 207. 51. Under section 47 of the CPC, questions…
Section 47 of the CPC reads as follows: “47. Questions to be determined by the Court executing decree. (1) All questions arising between the parties to the suit in which…
The seeker of justice many a time has to take long circuitous routes, both on account of hierarchy of courts and the procedural law. Such persons are and can be…
There may be instances where the parties agree to mortgage a property as security, but no formal charge or conveyance of any proprietary interest in the said property has taken…
In Suraj Lamp & Industries Pvt.Ltd. v. State of Haryana & Anr. – 2009 (7) SCC 363], The Supreme Court had referred to the ill – effects of what is…
The Suit of 1885 was instituted by Mahant Raghubar Das, describing himself as “Mahant Janamsthan situated at Ayodhya”. The suit was initially instituted only against the Secretary of State for…
Anti-Suit Injunctions are meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court. Simply put, an anti-suit injunction is…
Section 11 of the Code of Civil Procedure which enacts the general rule of res judicata, insofar as it is relevant, provides: “No Court shall try any suit or issue…
Under section 482 Cr.P.C. Every High Court has inherent power to act ex debito justitiae to do real and substantial justice, for the administration of which alone it exists, or…
Section 46 empowers the Court to issue a precept to any other Court which would be competent to execute the decree to attach any property of the judgment-debtor specified in…
