1.

UNSOUND MIND

Netai Roy v. Gouranga Roy - Application to persons would only if a person had been
adjudged before or during the pendency of suit, to be of unsound mind.

2. PLACE OF FILING A SUIT

Kiran Singh v. Chaman Paswan – Issue of jurisdiction should be raised at the earliest possible
time and once court proceeded with the matter and given decision, same cannot be raised.

3. PROPERTIES WHICH ARE NOT LIABLE FOR ATTACHMENT AND SALE IN EXECUTION

R. Swaminathan v. Annammal – Right for maintenance is given to one through a decree or

order and it so cannot be taken away by anyone else through execution.

4. CONCLUSIVENESS OF FOREIGN JUDGMENT

Gurdayal Singh v. Rajah of Faridkot- Embezzlement happened in Faridkot, so he filed a case

there. But he neither had a residence nor a domicile in that place. Thus the decree passed
by Faridkot is an absolute nullity.

5. RES JUDICATA

Satyadhan Ghosal v. Deorajan Debb- Res judicata principle is to give finality to the judicial
decisions.

6. CONSTRUCTIVE RES JUDICATA

Forward Construction Co. & Ors. v. Prabhat Mandal- Even when one of the grounds taken in
the subsequent writ petitions was absent in the earlier petition, it would become
constructively res judicated.

7. INTERPLEADER SUIT

Assan Ali v. Sarada Charan Kastagir- The applicant should be willing to handover the
property to the claimant and so should not have any interest in it.

8. LIMITATION
State of Rajasthan v. Rikhab Chand- Rules of limitation is mainly intended to induce the
claimant in claiming the relief and also in avoiding the unexplainable delay and latches in
the suit.

9. WRITTEN STATEMENT

Badat & Co. v. East India Trading Co.- Written statement must deal specifically with each
allegation of fact in the plaint and when a defendant denies any such fact, he must not do so
evasively, but answer the point of substance.

10. COUNTER CLAIM

Smt. Shanti Rani Das v. Dinesh Roy- The right to file a counter claim is referable to the date
of accrual of cause of action.

11. SET OFF

Jayanti Lal v. Abdul Aziz- Court defined set off as the extinction of debts of which two
persons are reciprocally debtors to one another.

12. EXECUTION OF DECREE

Gurpreet Singh v. UOI- In cases of execution of money decrees or award decrees, interest
ceases to run on the amount deposited, to the extent of deposit made.

13. PLAINT

Rooplal v. Gill – A plaint can be rejected as a whole if it does not disclose the cause of action.

14. SUIT BY INDIGENTS

Manglu Chattar v. Maheshwar Bhoi- The tools of artisans are exempted from attachment
and such tools cannot be assessed to find out whether the person is indigent or not.

15. STATUTORY NOTICE

Beohar Rajendra Singh v. State of MP- object of Section 80 is to give Government or Public
servant an opportunity to reconsider his legal position and if that course is justified to make
amends or to settle the claim out of court.
 16. INTERIM ORDER

Dalpat Kumar v. Prahlad Singh & Ors.- While granting or refusing orders, court should
exercise judicial discretion to find out the amount of substantial injury which is likely to be
caused to the other party.

17. SERVICE OF SUMMONS

Central Electricity Regulatory Commission v. National Hydroelectric Power Corpn Ltd.- Court
permitted service of notice through emails along with the ordinary mode of serving notice.

18. REVIEW

Moran M . B. Catholics v. Mar Paulose- The after review judgment will be binding on the
parties.

19. REVISION

Major S.S.khanna v. Brig F.J. Dillion- Revisional jurisdiction is only a part of appellate
jurisdiction and it cannot be equated with that of an appeal.

20. REFERENCE

Ramrakh v. Creditors, Cooperative Bank- Section 113 can only be applied to a court to which
the Civil Procedure Code applies.