A subsequent suit for declaration of title is barred under Explanation IV to Section 11 CPC, read with Order II Rule 2 CPC, if the plaintiff omitted to seek such declaration in an earlier su..

Non-execution of a declaratory decree cannot justify a delayed challenge to that decree, particularly where the decree-holder is already in possession of the suit property. A plaintiff holdi..

An advocate has no lien over case bundles or legal proceedings and cannot halt the progress of a case to compel payment of disputed fees. A fee dispute between an advocate and a private liti..

Pendente lite maintenance under Section 24 of the Hindu Marriage Act is not a matter of course. Where the income of the wife is comparable to that of the husband and there are no children to..

Riding without a valid driving license or carrying two pillion riders — does not by itself constitute contributory negligence under the Motor Vehicles Act, 1988. A finding of contributory ..

A religious mutt qualifies as a "legal representative" under Section 2(11) of the Civil Procedure Code for the purpose of claiming motor accident compensation. The term "legal representative..

Mere violation of a statutory provision, such as non-wearing of a helmet, does not automatically entitle a tortfeasor to plead contributory negligence. Such violation must have a direct caus..

Eviction proceedings against a tenant cannot be continued once the tenant acquires ownership rights in the suit property, even to the extent of a share. Upon such acquisition, the tenant att..

Non-execution of a declaratory decree cannot justify a 31-year delay in filing an appeal against it. Where the decree-holder is already in possession of the suit property, execution of the d..

A party to a mediation settlement cannot withdraw consent from mutual consent divorce when the settlement constitutes full and final resolution of all disputes between the parties. While sta..

A person not party to original writ proceedings cannot be denied impleadment where an interim order passed in those proceedings directly and demonstrably affects such person's rights or prop..

An Insurance Company impleaded as a party-respondent in a motor accident claim petition is entitled to contest the claim on all available grounds, without restriction to the grounds enumerat..