Supreme Court Restores Minor’s Rights: Judgment by Justice Sanjay Karol and Justice Augustine George Masih
Introduction The Supreme Court of India made significant ruling in defense of the rights of a minor in a minor…
Tag: civil procedure
Supreme Court Clarifies Res Judicata Does Not Apply to Procedural Dismissals – Justice J.B. Pardiwala
To this extent the Supreme Court observed that a plaintiff relying on Order IX Rule 4 CPC is entitled to file a fresh suit after a restoration plea is dismissed, and such dismissal does not create res judicata. This ruling affirms problems with procedural rights in civil lawsuits.
Supreme Court Upholds Rights of Proper Parties in Civil Suits – Justice J.B. Pardiwala
The apex court explained the principles of law as laid down under Order I Rule 10(2) CPC that a bona fide purchaser is a proper party in an action of specific performance admittedly in impleadment. This verdict supports the discretionary power of the judiciary in the weighting of procedural fairness.
Compromise Decree is Binding: Justices Dhulia and Amanullah Deliver Clarity in Family Partition Dispute
The Supreme Court of the United States addressed the legal repercussions of consent decrees in family division cases in this significant decision. The court reaffirmed that after such decrees have been issued, they cannot be challenged via a new litigation and must only be opposed through recall processes.