Practice Notes

Order 41: Appeals from Original Decrees

  Introduction Brief overview of the Civil Procedure Code. Importance of ‘Order 41: Appeals from Original Decrees’ in the context of the CPC. Objectives of the practice note. Historical Context and Evolution of Order 41 Historical background of the Civil Procedure Code. Development and amendments to Order 41 over time. Key Provisions of Order 41 …

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Disposal of Civil Cases – Summary Procedures under the CPC

  Introduction The Code of Civil Procedure, 1908 (CPC) is the primary legislation governing civil procedures in India. It provides for various procedures through which civil cases can be disposed of. One such procedure is the “summary procedure,” which is designed to expedite the resolution of civil disputes, particularly those involving small claims. This practice …

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Modes of Recovery for Insurance Companies: Execution Petitions vs. Filing Suits Following Tribunal Awards

Insurance companies often find themselves in situations where they are required to pay compensation as a result of judgments passed by Tribunals in cases of accidents involving motor vehicles. In such scenarios, the question arises as to how insurance companies can recover the compensation amounts paid to claimants from the vehicle owners. This practice note …

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Scrutiny of FIRs Based on Ulterior Motives for Personal Vengeance

Introduction In a recent ruling dated August 24, 2023, the Supreme Court addressed the significance of carefully examining cases where ulterior motives, specifically those driven by personal vengeance, are alleged to be behind the filing of First Information Reports (FIRs). The Court’s verdict highlights the responsibility of legal practitioners and courts to meticulously assess FIRs …

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Limitations on Modifying Arbitral Awards under Section 34 of the Arbitration Act

Introduction In a recent judgment dated August 11, 2023, the Supreme Court reaffirmed the constraints imposed on courts when it comes to modifying arbitral awards under Section 34 of the Arbitration and Conciliation Act. The Court emphasized the legislative intent behind the 1996 Act and the differences from its predecessor, highlighting the exclusion of the …

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Taxability of Interest Income on Club Bank FDs as Per Supreme Court Ruling

Introduction In a recent judgment dated August 17, 2023, the Supreme Court addressed the issue of whether interest income earned by clubs on fixed deposits made in banks is liable to be taxed in the hands of the clubs. The case revolved around the principle of mutuality and its application to interest income generated by …

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Overview of the Supreme Court Verdict on Ex-RJD MP Prabhunath Singh’s Conviction in a Double Murder Case

Background The Supreme Court recently reversed the acquittal of former RJD MP Prabhunath Singh in a double murder case dating back to 1995. The case involved Singh opening fire on a group of people during an election, leading to the death of two individuals. Singh’s political power allegedly influenced the administration, investigating agency, and witnesses, …

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Summary of the Supreme Court Verdict on the Role of Support Person in Child Sexual Abuse Cases

Background and Issue The Supreme Court recently addressed the issue of the role of a ‘support person’ in child sexual abuse cases, particularly in the context of the Protection of Children from Sexual Offences Act (POCSO Act) Rules, 2020. The Court noted that despite the progressive step of introducing the role of a support person, …

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