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This document discusses various legal concepts and case laws: 1. It defines what it means for a defence to be "struck out" in a court case. 2. It distinguishes between a judgement and a decree, noting that a judgement contains the grounds for the decree. 3. It provides details on several court cases from India that relate to substantive and procedural law.

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Tulika Bose
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69 views2 pages

Untitled Document

This document discusses various legal concepts and case laws: 1. It defines what it means for a defence to be "struck out" in a court case. 2. It distinguishes between a judgement and a decree, noting that a judgement contains the grounds for the decree. 3. It provides details on several court cases from India that relate to substantive and procedural law.

Uploaded by

Tulika Bose
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CPC

Rajendra Bansal v. Bhuru 2017 (4) SCC


202

What does the Defence was struck out mean?

If a case is 'struck out' it means the Court has dismissed it without a full hearing of all of the
evidence. ... Rule 24.2 enables the court to give summary judgement against a claimant or
defendant where that party has no real prospect of succeeding on his claim or defence

106 TPA

Difference between Judgment and Decree

Judgement means statement given by a Judge of the grounds of decree or order. 2. Decree
is an adjudication conclusively determining the rights of the parties with regards to all or any
of the matter in the controversy. ... Judgement contains the grounds of decree.

Noor Mohammed vs Jetha Nand & Anr on time line


29 January, 2013
1990 suit filed
12 sept 2013
10 jul w2001 first appeal dismissed
Appeal filed
After 11 years Judgment stayed
Sc observed

https://www.diffen.com/difference/Procedural_Law_vs_Substantive_Law

Role of substantive law and procedural law

https://indiankanoon.org/doc/1891718/

Bharat Barrel And Drum ... vs Amin Chand Payrelal on 18 February, 1999

Pg. 645
Referred to Artur Thurman
Substantive law is canonised ..
Employee State union act

S. 44 68 110 176 amended


1st schedule 51 orders
ADR
S.89
O10 R 1a
2002 1JULY Amd

17-8-20 Suits and plaint


No definition of suits
Definition of decree
Courts c conclusively determine the rights and privileges of party
CL Pandurang Ramchandra Mandlik ... vs Smt. Shantabai Ramchandra Ghatge ... on 12
September, 1989
Equivalent citations: 1989 AIR 2240, 1989 SCR Supl. (2) 1
Sc observed what is a suit
Any proceeding in a court of justice by which an individual pursues that remedy which the
law accords

18 -8 - 20 s. 9 subject matter jurisdiction


South Delhi Municipal ... vs M/S. Today Homes And ... on 19 August, 2019
2019 vol 3 plr 785

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