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Civil Cases & Proceedures

Civil Cases, Its Procedures and Related Matters

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Consequence of Non-mentioning or Wrong Mentioning of Law in Petition or Order

Posted by By K Rajasekharan 10 June 2026Posted inCivil Cases & Proceedures
It is settled law that once it is found that the power exists, the exercise of power under a wrong provision will not render the order illegal or invalid.
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Scheduled Caste/Tribe Status of a Child Born to Inter-Caste Parents

Posted by By K Rajasekharan 8 June 2026Posted inCivil Cases & Proceedures
The Supreme Court, in Rameshbhai Dabhai Naika v. State of Gujarat & Others [(2012) 1 KLT 383], observed that in the case of an inter-caste marriage, or a marriage between a tribal and a non-tribal person, there may be a presumption that the child belongs to the caste of the father.
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A Party to a Civil Suit Cannot Travel Beyond the Pleadings

Posted by By K Rajasekharan 7 June 2026Posted inCivil Cases & Proceedures
In L. Ponnayal @ Lakshmi v. Karuppannan (Dead) Thr. L.R. Sengoda Gounder & Anr. [AIR ONLINE 2018 SC 191], the Supreme Court of India held that civil suits are decided on the basis of pleadings and the issues framed thereon, and the parties to the suit cannot be permitted to travel beyond their pleadings.
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Purpose of Section 80 CPC Notice and Its Contents

Posted by By K Rajasekharan 20 March 2026Posted inCivil Cases & Proceedures
Section 80 of the Code of Civil Procedure (CPC), 1908 (CPC) mandates a two-month written notice before filing a suit against the Government or a public officer for actions taken in their official capacity. The mandatory two-month waiting period is excluded from the calculation of the limitation period.
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Different Stages of a Civil Suit : An Overview

Posted by By K Rajasekharan 18 March 2026Posted inCivil Cases & Proceedures
Every suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it. The detailed rules, governing the presentation of a plaint, are included in Order VI and VII of the Civil Procedure Code, 1973 (CPC).
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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 & Proceedures
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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