Civil law

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].

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).

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.

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)

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.

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).

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.

The Supreme Court, in Sampath Kumar v. Ayyakannu And Anr [AIR 2002 SC 3369], affirmed the established principle that an amendment to a plaint or written statement is deemed to have been part of the pleading since its inception.

In Iqbal Ahmed (Dead) through LRs & Anr. v. Abdul Shukoor, the Supreme Court held that additional evidence inconsistent with the original pleadings cannot be admitted at the appellate stage under Order XLI, Rule 27 of the Code of Civil Procedure, 1908.

In a significant judgment, Operation Asha v. Shelly Batra and others, the Supreme Court considered whether the organization, Operation ASHA, registered under the Societies Registration Act, 1860, met the requirements of Section 92 of the Civil Procedure Code (CPC) to have a suit filed against it under that provision.

Pursuant to the Code of Civil Procedure, 1908 (CPC), a suit abates (terminates) upon the death of a plaintiff or defendant if the cause of action does not survive. Conversely, if the cause of action survives, the legal representatives of the deceased may be substituted to continue the proceedings, as provided under Order XXII, Rules 2 to 4 of the CPC.

In the absence of pleadings submitted at the appropriate stage within the stipulated time, any amount of evidence submitted later, will not be taken into consideration by the court, says the Supreme Court (SC) in the case of Biraji @ Brijraji & Another. v. Surya Pratap & Others [AIR Online 2020 SC 806].