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Civil Cases & Proceedures

Civil Cases, Its Procedures and Related Matters

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Condonation of Delay is Not a Matter of Right, but Judicial Discretion

Posted by By K Rajasekharan 27 February 2026Posted inCivil Cases & ProceeduresNo Comments
The Supreme Court, in State of Odisha v. Managing Committee of Namatara Girls High School [2026: INSC:148], has reiterated that the condonation of delay cannot be claimed as a matter of right; rather, it remains entirely within the discretion of the Court.
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Registration Confers Sanctity on a Sale Deed and Is Not a Mere Formality

Posted by By K Rajasekharan 24 January 2026Posted inCivil Cases & Proceedures
The Supreme Court, in Hemalatha (D) By Lrs vs Tukaram(D) By Lrs, observed that a registered sale deed carries a greater presumption of validity and genuineness, and therefore cannot be lightly declared as 'sham' to oppose the sale transaction.
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If Information Discloses Offence, Police Must Register FIR but Arrest Not a Must

Posted by By K Rajasekharan 22 January 2026Posted inCivil Cases & Proceedures
In the landmark case of Lalita Kumari v. Government of Uttar Pradesh [2013 4 KLT 632], a Constitutional Bench of the Supreme Court of India underscored that the registration of a First Information Report (FIR) is mandatory whenever information discloses the commission of a cognizable offence.
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Courts Should Deny Relief to a Person Who Suppresses Material Facts

Posted by By K Rajasekharan 23 December 2025Posted inCivil Cases & Proceedures
A person who approaches the court with "unclean hands" by suppressing material facts is not entitled to obtain any relief, observed the Kerala High Court in Jayakrishna Menon v. Krishnan Kutty [2025: KER:72453].
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Void Documents: When to Seek a Declaration vs. When to Simply Ignore Void Documents

Posted by By K Rajasekharan 2 November 2025Posted inCivil Cases & Proceedures
In Annamalai v. Vasanthi and Others [2025 INSC 1267], the Supreme Court clarified the remedies available for a document that is void ab initio (void from the beginning).
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Facts to be Included in a Section 80 Notice Under CPC

Posted by By K Rajasekharan 30 October 2025Posted inCivil Cases & Proceedures
A notice under Section 80 of the Code of Civil Procedure (CPC) must contain specific and clear information to inform the government or a public officer about an intended lawsuit.
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Grounds for Review of a Judgment: Supreme Court Explains

Posted by By K Rajasekharan 30 October 2025Posted inCivil Cases & Proceedures
In Malleeswari v. K Suguna & Another [2025 INSC 1080], the Supreme Court summed up the limited grounds for Review of a judgment permissible under Section 114 of the Code of Civil Procedure (CPC)
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Judgment Cannot be Based on Grounds beyond the Pleadings

Posted by By K Rajasekharan 30 October 2025Posted inCivil Cases & Proceedures
The Supreme Court in Deep Nursing Home v. Manmeet Singh Mattewal (2025 INSC 1094) reiterated that the judgment in a case cannot go beyond the pleadings.
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Guidelines for Serving Summons on Defendants Abroad

Posted by By K Rajasekharan 29 September 2025Posted inCivil Cases & Proceedures
In Charuvila Philipose Sundaran Pillai and Another v. P. N. Sivadasan and Others, the Kerala High Court has laid down important guidelines for the service of summons on defendants residing in foreign countries, clarifying the application of the Hague Service Convention in conjunction with the Code of Civil Procedure, 1908 (CPC).
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Framing a Counterclaim by a Defendant in an Original Suit (OS)

Posted by By K Rajasekharan 24 September 2025Posted inCivil Cases & Proceedures
A counterclaim is a powerful procedural tool for a defendant. While it should ideally be filed along with the written statement, the Supreme Court has clarified that courts have the discretion to accept it at a later stage, generally before issues are framed, to ensure all related disputes are adjudicated efficiently.
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