Amendment / Deletion of Affidavits

Once affidavit in lieu of examination in chief is filed, it partakes character of examination in chief. There is no provision in the Code to enable court to order its deletion. 2010 (6) Bom CR 379

Imposition of costs on frivolous litigants

Principles explained in Vinod Sethi v. Devinder Bajaj, (2010) 8 SCC 1

economic duress and arbitrability

Sirajuddin Kasim v. Paramount Investment, (2010) 8 SCC 557 following Boghara Polyfab (2009) 1 SCC 267.

whether or not agreement was entered into under economic duress is arbitrable dispute.

Suit to claim interest alone

Mrs. Prabhadevi Ramgarib B. v. Divisional Railway Manager, Western Railway Manager, Manu/MH/0238/2010  (para 20).

See also:  2010 5 SCC 44, 56.


Rule 2, Order 2 (where only interest is claimed, principal is barred from being claimed) - AIR 1922 PC 23

Cases Suitable for ADR

Afcon Infra Limited v. Cherian Varkey Construction, http://www.indiankanoon.org/doc/1875345/ 2010 (8) SCC 24

18. The following categories of cases are normally considered to be not suitable for ADR process having regard to their nature : 

(i) Representative suits under Order 1 Rule 8 CPC which involve public interest or interest of numerous persons who are not parties before the court. (In fact, even a compromise in such a suit is a difficult process requiring notice to the persons interested in the suit, before its acceptance). 

(ii) Disputes relating to election to public offices (as contrasted from disputes between two groups trying to get control over the management of societies, clubs, association etc.).

(iii) Cases involving grant of authority by the court after enquiry, as for example, suits for grant of probate or letters of administration. (iv) Cases involving serious and specific allegations of fraud, fabrication of documents, forgery, impersonation, coercion etc.

(v) Cases requiring protection of courts, as for example, claims against minors, deities and mentally challenged and suits for declaration of title against government.

(vi) Cases involving prosecution for criminal offences.

19. All other suits and cases of civil nature in particular the following categories of cases (whether pending in civil courts or other special Tribunals/Forums) are normally suitable for ADR processes : 

(i) All cases relating to trade, commerce and contracts, including - disputes arising out of contracts (including all money claims); - disputes relating to specific performance;

- disputes between suppliers and customers;

- disputes between bankers and customers;

- disputes between developers/builders and customers; - disputes between landlords and tenants/licensor and licensees; - disputes between insurer and insured;

(ii) All cases arising from strained or soured relationships, including - disputes relating to matrimonial causes, maintenance, custody of children;

- disputes relating to partition/division among family members/co- parceners/co-owners; and

- disputes relating to partnership among partners.


 (iii) All cases where there is a need for continuation of the pre-existing relationship in spite of the disputes, including

- disputes between neighbours (relating to easementary rights, encroachments, nuisance etc.);

- disputes between employers and employees;

- disputes among members of societies/associations/Apartment owners Associations;

(iv) All cases relating to tortious liability including - claims for compensation in motor accidents/other accidents; and

 (v) All consumer disputes including

- disputes where a trader/supplier/manufacturer/service provider is keen to maintain his business/professional reputation and credibility or `product popularity.

The above enumeration of `suitable' and `unsuitable' categorization of cases is not intended to be exhaustive or rigid. They are illustrative, which can be subjected to just exceptions or additions by the court/Tribunal exercising its jurisdiction/discretion in referring a dispute/case to an ADR process. 

Advocates Act - suspension of enrollment

Upon taking up employment and upon his request to Bar Council, what is suspended is not enrollment with the Bar Council  but only his right to practise as advocate.  AIR 2010 Ker 170

consumer - unfair practice

Non-paymet of interest on security deposit or payment at lesser rate than prescribed by Electricity Regulatory Commission amounts to unfair practice,  AIR 2010 P&H 173