Plea Rejection Case 2023: Order 2 Rule 2
Introduction In a significant ruling, the Supreme Court delved into the intricacies of Order 2 Rule 2 of the Code of Civil Procedure, 1908 (CPC), shedding light on the conditions under which a plea based on previous pleadings can be considered. This case centered on the dispute between Bhooralal and Gurbux over property possession and […]
Ex-Parte Decree Reconsideration: A Judicial Review
Introduction In the realm of legal disputes, examining the setting aside of an ex-parte decree is crucial for understanding procedural fairness within the Indian judicial system. This editorial explores a significant case where the Supreme Court of India evaluated the principles for overturning ex-parte decisions. We aim to clarify: This case study serves as a […]
Introduction to Bank Guarantee Dispute: ONGC vs. Saipem SPA/Snamprogetti (1998)
Overview In a significant legal battle over bank guarantees and contractual obligations, the dispute between Oil and Natural Gas Corporation (ONGC) and a consortium led by M/s. Saipem SPA/Snamprogetti of Italy focused on the construction of undersea Gas Lift Pipelines. This case revolved around the encashment of a bank guarantee intended to cover liquidated damages […]
Reviewing Judgment: A Landmark Decision
Introduction This case involves a property dispute that reached the Supreme Court after a series of legal battles. Initially, an oral agreement for the sale of property was made between the appellant and Kalipada Das, with a substantial part of the agreed price paid upfront. Various legal suits ensued, including those for specific performance, cancellation […]