Landmark Supreme Court of India rulings, explained in clear, plain language.
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Can an Indian court restrain a spouse from pursuing divorce in a foreign court?
Mihir Prakash Bajoria vs. Vidushi Jain Bajoria
The Supreme Court dismissed the husband's appeal and upheld the High Court's order setting aside the anti-suit injunction that had restrained the wife from pursuing her divorce case before the UK Family Court.
Can a court try limitation as a preliminary issue after trial has begun?
John Mathew vs Santha Paul & Ors.
The Supreme Court held that Order XIV Rule 2(2) cannot be used to try limitation as a preliminary issue after trial of all issues has already commenced, and restored the suit for fresh trial on merits.
Can a Civil Court pass interim orders before granting leave under Section 92 CPC?
S.PANCHALINGU & ORS. VERSUS PEOPLE’S EDUCATION TRUST (R) & OTHERS ETC.
The Supreme Court held that a civil court has no power to pass interim protective orders in a Section 92 CPC suit while the leave application is still pending.
Can a 28-year-old compromise decree be set aside for lack of a signature?
KRISHNA KUMAR OJHA &ORS. vs JITENDRA CHAUDHARY & ORS.
The Court dismissed the appeal, affirming that a compromise decree is invalid if not signed by a party, and such an illegality can be rectified even after a long delay.
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