Search The Civil Litigator

Showing posts with label legal process. Show all posts
Showing posts with label legal process. Show all posts

Friday, January 4, 2019

Approbate - Reprobate Blowing Hot and Cold



Suzuki Parasrampuria Suitings (P) Ltd. v. Official Liquidator, (2018) 10 SCC 707 : 2018 SCC OnLine SC 1798 at page 712
12. A litigant can take different stands at different times but cannot take contradictory stands in the same case. A party cannot be permitted to approbate and reprobate on the same facts and take inconsistent shifting stands. The untenability of an inconsistent stand in the same case was considered in Amar Singh v. Union of India [Amar Singh v. Union of India, (2011) 7 SCC 69 : (2011) 3 SCC (Civ) 560] , observing as follows: (SCC p. 86, para 50)
50. This Court wants to make it clear that an action at law is not a game of chess. A litigant who comes to court and invokes its writ jurisdiction must come with clean hands. He cannot prevaricate and take inconsistent positions.”

Wednesday, December 28, 2011

Impossibility of performance

AIR 2011 SC 1989

Law excuses when performance is impossible.
Sent on my BlackBerry® from Vodafone

Monday, March 21, 2011

exclusion of jurisdiction of indian courts

territorial  jurisdiction of a court when the plaintiff intends to invoke jurisdiction of any court in India, has to be ascertained on the basis of the principles laid down in the Code of Civil Procedure.  Agreement cannot take away jurisdiction of court.  (2008) 1 SCC 618