Category Archives: Civil Procedure

[Case Brief] Pukhraj D. Jain and Others v/s G. Gopalakrishna, 1998

The Honourable Supreme Court in Pukhraj D. Jain and Others v/s G. Gopalakrishna (2004) held that Section 10 of CPC does not put an embargo on the power of the court to examine the merits of the matter. The object of the section is to prevent courts of concurrent jurisdiction from simultaneously trying two parallel […]

[Case Brief] Himangni Enterprises v/s Kamaljeet Singh Ahluwalia, 2017

A civil suit was filed, under the Civil Procedure Code, essentially to seek appellant’s eviction from Shop situated in a Commercial Complex at New Delhi. The suit also sought recovery of dues and a permanent injunction against the appellants. According to the facts of the case, a premise was leased out to the appellant through […]

[Case Brief] Daljit Kaur and Another v/s Muktar Steels Pvt Ltd and Ors, 2013

Brief Facts and Procedural History: First respondent filed a suit in the year 1988 before IVth Additional judge, city civil court, Hyderabad for a declaration that the agreement and arrangement between the parties amount to “industrial licence” and not “leave and licence”. He also sought permanent injunction from the court. The suit was originally against […]

[Case Brief] Vijay Kumar v/s Shanta Devi and Another, 2017

Brief Facts and Procedural History Roop Chand sold the suit land in favor of Shanti Devi. Vijay Singh, an appellant who was a co-sharer with Roop Chand, filed a suit for possession on the basis of the right of pre-emption granted to a co-sharer under the Punjab Pre-emption Act, 1913 (for short ‘the 1913 Act’) […]

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