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Articles & Legal Updates

Notes on procedure and practice before the Delhi courts, written for people trying to understand a proceeding they are already in.

These notes are written for litigants and for younger members of the Bar. They explain procedure as it operates in the Delhi courts — the sequence of steps, the timelines that matter, and the points at which a matter is commonly lost. They are general information, not advice on any particular case.

All articles (1217) Civil & Property (63) Commercial (1) Commercial & Corporate (284) Criminal Law (438) Cyber & Fraud (12) Matrimonial & Family (307) Procedure & Practice (112)
12 September 2026 · Civil & Property

Winning the Appeal Is Half the Battle: Restitution Under Section 144 CPC

When a decree is reversed in appeal or by the Supreme Court, Section 144 CPC unwinds what execution took — refund, possession, interest and mesne profits, by application in the original court, no fresh suit.

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10 September 2026 · Civil & Property

Unregistered Agreement to Sell Can Found a Specific Performance Suit: Delhi High Court

A Division Bench restored a plaint rejected for want of registration: under the proviso to Section 49, Registration Act, an unregistered agreement with possession can ground a specific performance suit, subject to stamp duty and penalty.

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8 September 2026 · Civil & Property

Enforcing Foreign Judgments – Advocate Manish Jha

How foreign money decrees are enforced in India — direct execution under Section 44A CPC for reciprocating territories, suits on foreign judgments for the rest, and the six defences of Section 13.

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4 September 2026 · Civil & Property

Homebuyers & Builder Default: SC – Advocate Manish Jha

In the Granite Gate insolvency (2026 INSC 952), the Supreme Court held that NOIDA's time-extension penalty charges for the builder's delay cannot be loaded onto homebuyers or the resolution applicant.

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3 September 2026 · Civil & Property

Keeping the Claim Alive: Acknowledgment and Part Payment under the Limitation Act

Sections 18 and 19 of the Limitation Act give recovery claims fresh life through signed acknowledgments and part payments. Balance confirmations, emails, running accounts — and the traps.

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2 September 2026 · Civil & Property

Freezing the Defendant's Assets Before Decree: Attachment Before Judgment under Order XXXVIII Rule 5

The strict intent-to-defeat-execution test, the security-first procedure, the commercial and arbitration contexts, and how defendants get attachments lifted.

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1 September 2026 · Civil & Property

Transmission Is Not Service: Ex-Parte Decree Set Aside Over WhatsApp Summons

In FAO 268/2026 the Delhi High Court held that sending summons over WhatsApp is not conclusive proof of actual notice, and set aside a Rs. 10 lakh ex-parte decree under Order IX Rule 13 CPC.

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30 August 2026 · Civil & Property

The State Cannot Take a Shortcut: Summary Eviction Fails Where a Bona Fide Title Dispute Exists

In Circar Paper Mills v. District Collector, Nellore (2026 INSC 924), the Supreme Court held that land held under registered instruments since 1920 raises a bona fide title dispute the State must prove in properly constituted proceedings — not by summary eviction.

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28 August 2026 · Civil & Property

Limitation on the Face of the Plaint

In N. Asha Devi v. R. Aravind Kumar (2026 INSC 908) the Supreme Court rejected a plaint at the threshold under Order VII Rule 11 CPC — where the bar of limitation is glaring from the plaint itself, courts should not hesitate.

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27 August 2026 · Civil & Property

Court Fee Cannot Kill a Plaint: SC – Advocate Manish Jha

In Neelam Sharma v. Amita Passan, 2026 INSC 913, the Supreme Court holds that where liability to pay ad valorem court fee depends on disputed facts such as joint possession, the plaint cannot be rejected under Order VII Rule 11 — the fee question awaits evidence.

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25 August 2026 · Civil & Property

Execution Cannot Outrun the Decree – Advocate Manish Jha

In State of H.P. v. Jameet Singh, 2026 INSC 885, the Supreme Court set aside execution orders granting allowances the decree never awarded, restating that an executing court cannot travel beyond the order it enforces.

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25 August 2026 · Civil & Property

When Does an LPA Lie in Delhi HC – Advocate Manish Jha

Letters Patent Appeals in the Delhi High Court: the Article 226/227 distinction, no second intra-court appeal from appellate judgments, and the statutory bars in the Commercial Courts, Family Courts and Arbitration Acts.

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What Is Covered Here

The chamber writes on the areas in which it appears: criminal procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023, bail practice, matrimonial and family proceedings before the Delhi Family Courts, cheque dishonour and recovery, and proceedings before the NCLT and the Motor Accident Claims Tribunals. Notes on reported judgments of the Supreme Court of India and the High Court of Delhi are published with a link to the official text of the decision, so that a reader can verify the position rather than rely on a summary.

No article on this page identifies a client or discusses a pending matter conducted by the chamber. Where a statutory provision is cited, the section number is given so that a reader can verify it against the bare Act.

If a subject you need is not covered here, the chamber can be written to at legal@advocatemanishjha.com. Questions of general interest are taken up as future notes; the chamber does not give advice on individual matters by email.