counter-claim Archives

Calcutta High Court criticises trial court for allowing Counter-Claim after filing of written statement

The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.

Case Briefs High Courts

Delhi High Court | MSEFC cannot entertain independent claim by the ‘Buyer’ against the ‘Supplier’ under the MSMED Act, 2006

Delhi High Court observed that the MSMED Act, 2006 has been enacted for the purpose of extending benefits to Suppliers, who are registered under the Act as Micro or Small Enterprises, it does not contemplate the reverse obligation i.e. claims relating to the amount recoverable from the Suppliers under the MSMED Act, 2006.

Case Briefs Supreme Court

Respondent can’t seek declaration of petitioner’s “second marriage” in a divorce proceeding; Relief can’t be prayed qua third party under Section 23A HMA: SC

Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party.

Case Briefs High Courts

Bom HC | A party seeking rectification cannot sleep over its rights; Rs 5 lakhs costs imposed on Adani Enterprise

Bombay High Court: A Division Bench of Pradeep Nandrajog, CJ and Bharati Dangre, J. while allowing the present appeals with regard to

Case Briefs High Courts

Utt HC | Voluntarily depriving husband of wife’s company and comfort of matrimonial life amounts to cruelty; Divorce granted

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and Narayan Singh Dhanik, JJ. contemplated the special appeals preferred against the judgment

Case Briefs High Courts

Ori HC | Election Tribunal exceeds its jurisdiction by travelling beyond the scope of the litigation involved ignoring the pleadings of the parties

Orissa High Court: The Bench of Biswanath Rath, J. entertained the writ petition challenging the order passed by the learned trial Court,

Case Briefs High Courts

Counter-claim is in the nature of a cross-suit and dismissal of suit does not automatically terminate proceedings in counter-claim

Kerala High Court: A Single judge bench comprising of R. Narayana Pisharadi, J. while dealing with an appeal filed against an order

Case Briefs High Courts

“Concept of limitation is not elastic to include conduct of third parties”: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J., rejected the counter claim filed by the defendant holding

Case Briefs High Courts

While dealing with a prayer for rejection of counter-claim, Court must examine whether rejection would have the effect of striking off the defence

Hyderabad High Court: In the instant appeal, the question arose that whether a counter-claim can be rejected in terms of Order