Andhra Pradesh High Court clarifies burden of proof in specific performance cases, emphasizing defendant's conduct and failure to challenge agreement promptly.
Gauhati High Court holds that limitation goes to the root of jurisdiction; failure to frame issue despite specific plea renders award void. Key precedent from *Noharlal Verma* applied.
Bombay High Court holds that amendment seeking declaration of waqf status is permissible pre-trial if predicated on pleaded facts, even if time-barred, provided no prejudice arises.
Madhya Pradesh High Court holds that applications under Order 11 Rule 12 CPC require specific relevance to pleadings; mechanical orders without judicial reasoning are invalid.
Madhya Pradesh High Court clarifies that appellate courts must frame specific issues under Order 41 Rule 27 CPC instead of ordering wholesale remand for de novo trial.
High Court of Tripura clarifies jurisdictional scope of District Courts under Section 16(3) of Telegraph Act, 1885, distinguishing between actual damage and speculative loss claims.
The Kerala High Court holds that making an interim injunction absolute without affording hearing violates natural justice, setting a clear procedural standard for civil courts.
Madhya Pradesh High Court clarifies that Section 152 CPC permits correction of clerical omissions where judgment clearly intends a finding but fails to reflect it in the decree.
Kerala High Court dismisses petition to condone 514-day delay in challenging ex parte award, holding that false claims of non-receipt nullify any claim of sufficient cause.
Madhya Pradesh High Court holds that in land boundary disputes, courts must appoint commissioners under Order 26 Rule 9 CPC; failure to do so renders trial defective.
Madhya Pradesh High Court holds that unlisted witnesses in criminal cases may testify in motor accident claims if cross-examination doesn't undermine credibility, applying preponderance of probability standard.
Chhattisgarh High Court reaffirms that second appeals under Section 100 CPC cannot re-appreciate evidence; concurrent findings of fact are binding unless perverse or legally flawed.
Chhattisgarh High Court holds that amendment of plaint after evidence closure requires proof of due diligence; failure to record satisfaction renders order invalid.
Andhra Pradesh High Court reduces stay deposit from 50% to ₹2 lakh in civil appeal, holding that financial capacity must inform conditioning of execution stays.
Punjab and Haryana High Court holds that appellate courts cannot decide inter se liability between insurer, driver and owner when a prior remand order has specifically reserved it for the Motor Accidents Claims Tribunal.