Appeal will lie against decree and not againts judgment (finding)

Amendment to make a suit maintainable

1.    Paragon Rubber Industries v. Pragathi Rubber Mills, (2014) 14 SCC 762 : (2015) 1 SCC (Civ) 394 : 2013 SCC OnLine SC 1054 at page 771, this Hon'ble Court has held that:

20. Having said this, we are still not inclined to interfere with the order passed by the High Court permitting the plaintiff to amend the plaint. The High Court was mindful of the fact that under the 1999 Act, a composite suit could be filed and would be maintainable by the court at Kottayam. The Court was aware that the plaintiff has filed the suit on 19-3-2001, but the 1999 Act was not enforced till 15-9-2003. In our opinion, the High Court has passed the order in exercise of its discretionary powers taking into consideration the entire facts and circumstances of the case. The discretion exercised by the High Court cannot be said to be either erroneous or perverse. It has been exercised only to avoid multiplicity of litigation. The defendant (respondent) could not dispute that insofar as suit predicated on the copyright is concerned, the Court at Kottayam is having requisite jurisdiction in view of the provisions of Section 62(2) of the Copyright Act. Therefore, had the suit been filed for violation of copyright alone, the court at Kottayam could validly entertain the same. By permitting the plaintiff to amend the plaint so that the suit will be maintainable before the District Court, Kottayam, no error was committed by the High Court.

Conduct of Parties in Grant of Injunction

Mandali Ranganna v. T. Ramachandra, (2008) 11 SCC 1 at page 8

21. While considering an application for grant of injunction, the court will not only take into consideration the basic elements in relation thereto viz. existence of a prima facie case, balance of convenience and irreparable injury, it must also take into consideration the conduct of the parties.

Strict parameters governing an interim injunction do not have full play in matters of custody

Athar Hussain v. Syed Siraj Ahmed, (2010) 2 SCC 654 : (2010) 1 SCC (Civ) 528 at page 668, para 50

Thus the strict parameters governing an interim injunction do not have full play in matters of custody.

Custody in Habeas Corpus

Veena Kapoor v. Varinder Kumar Kapoor, (1981) 3 SCC 92 : 1981 SCC (Cri) 650 at page 93

3. It is difficult for us in this habeas corpus petition to take evidence without which the question as to what is in the interest of the child cannot satisfactorily be determined. We, therefore, direct that the learned District Judge, Chandigarh, will make a report to us before the 23rd of this month on the question as to whether the custody of the child should be handed over to the petitioner-mother, taking into consideration the interest of the minor. The learned Judge will give liberty to the parties to adduce evidence on the question in issue. The learned District Judge may either take up the matter himself or assign it to an Additional District Judge, if there is any at Chandigarh.

Equality of Arms - Bombay HC

2006 SCC OnLine Bom 1155 : (2007) 2 Mah LJ 79 : (2007) 113 FLR 234 (Bom) : (2007) 3 Bom CR 212 : (2007) 1 CLR 580