AI Overview...
- Infructuous Due to Subsequent Event - Main points and insights:
- Courts have consistently held that if a case or appeal becomes infructuous owing to a subsequent event, it must be disposed of accordingly. For example, in Shiju Jacob Varghese VS Tower Vision Limited - Delhi, the court ruled that a case that becomes infructuous due to a subsequent event must be disposed of, emphasizing the importance of recognizing such events to prevent unnecessary proceedings.
- Applications or petitions claiming infructuousness due to subsequent events are often filed, as seen in The Mudaliar Educational Trust & Others VS C. K. Ramanathan & Others - Madras, where a trust sought dismissal of a suit on this basis; the court examined the validity of such claims.
- Several cases, including VEDPRAKASH POWER PVT LTD. VS POWER COMPANY OF KARNATAKA LTD. - Karnataka and Ashis Kumar Chakravorty VS Union of India - Gauhati, illustrate that when a subsequent event (like the constitution of a new committee or a new cause of action) occurs, the original proceeding may become infructuous, leading courts to dismiss or declare the case as such.
- The principle that subsequent events can render proceedings infructuous is reinforced by judicial precedents such as Vipin Jangid Brahmin VS Mahendra Jangid - Rajasthan, which state that courts must act ex debito justitiae when such circumstances arise.
- In cases like Monita Naorem vs Oinam Devananda Singh, S/o O.Angou Singh - Manipur, the occurrence of a subsequent marriage made an appeal infructuous, leading to its dismissal.
-
Courts also recognize that amendments or attempts to change prayer clauses after subsequent events may lack merit if the original case has become infructuous, as seen in M. Selvakumar VS Mariammal - Madras.
-
Analysis and Conclusion:
- The overarching principle is that subsequent events that fundamentally alter or extinguish the original cause of action justify dismissing proceedings as infructuous.
- Courts emphasize the necessity of timely recognition of such events to avoid wastage of judicial resources and to ensure justice.
- When a case becomes infructuous, courts generally dismiss the matter, often with liberty to raise all contentions in appropriate proceedings, as noted in VEDPRAKASH POWER PVT LTD. VS POWER COMPANY OF KARNATAKA LTD. - Karnataka.
- This doctrine underscores the importance of monitoring developments during litigation that may impact the viability of the case, ensuring that proceedings are not pursued unnecessarily once the substantive basis is nullified by subsequent events.
References: - Shiju Jacob Varghese VS Tower Vision Limited - Delhi - The Mudaliar Educational Trust & Others VS C. K. Ramanathan & Others - Madras - VEDPRAKASH POWER PVT LTD. VS POWER COMPANY OF KARNATAKA LTD. - Karnataka - Ashis Kumar Chakravorty VS Union of India - Gauhati - RAJENDRA SINGH VS CHANCELLOR, KASHI VIDYAPITH, VARANASI AND OTHERS - Allahabad - M. Selvakumar VS Mariammal - Madras - Monita Naorem vs Oinam Devananda Singh, S/o O.Angou Singh - Manipur - Vipin Jangid Brahmin VS Mahendra Jangid - Rajasthan - SATLUJ JAL VIDYUT NIGAM VS RAJ KUMAR RAJINDER SINGH (DEAD) THROUGH LRS. - Supreme Court
Search Results for "Infructuous Due to Subsequent Event"
2023 0 Supreme(Del) 5636 • India - Delhi
MANMOHAN, MINI PUSHKARNA
ruled that if a case becomes infructuous due to a subsequent event, it must be disposed of. ... (A) Code of Civil Procedure, 1908 - Section 151 - Infructuous appeal due to settlement of disputes as per consent order - The court ... (Paras 50, 32) ... ... Issues: The main issues were whether the appeal was infructuous due to ... Thus it is clear that by the subsequent event if the original proceeding has become #H....
2007 0 Supreme(Mad) 1770 • India - Madras
S.ASHOK KUMAR
due to the happening of a subsequent event. ... The petitioner-trust filed an application to dismiss the suit as infructuous due to subsequent events. ... Issues: Validity of elections, issuance of notice, and the suit becoming infructuous due to subsequent events. ... Judgment :- ... The defendant-trust has filed the present revision as against the dismissal of the application filed by it under Section 151 CPC to dismiss the suit ....
2016 0 Supreme(Kar) 953 • India - Karnataka
ASHOK B.HINCHIGERI
No. 3869/2016 as having become infructuous due to the subsequent event. It reserved the liberty to the parties to raise all the contentions in the writ petitions. ... He submits that the Division Bench has dismissed the said appeal as having become infructuous due to subsequent event. In view of the dismissal of the writ appeal, he requests that the order, dated 30.11.2016 be recalled. ... He submits that as the writ appeal itself is dismissed as hav....
2008 Supreme(Online)(KER) 55025 • India - High Court of Kerala
PIUS C.KURIAKOSE, J
Ultimately it is contended in the statement that due to the subsequent event the arbitration request has become infructuous. 4. ... When the attention of the learned counsel was drawn to the subsequent event of panel of four new names have been furnished to the applicant as stated in paragraph 6 of the statement submitted by the standing counsel, Mr.Rajesh Nambiar would submit that what could be rightly done in the circumstances ... Referring to clause 64(3)(a)(iii) of the G.C.C. the ....
2006 0 Supreme(Gau) 586 • India - Gauhati
AFTAB H.SAIKIA
Finding of the Court: The court found that the impugned notice was a subsequent event with a new cause of action and ... The court also noted that the main writ petition appeared to be infructuous due to the constitution of the Managing Committee of ... The main writ petition also appeared to be infructuous due to the constitution of the Managing Committee of the Bank elected on 4.6.03 ... Application has been rendered infructuous. Consequently, this Misc. Case stan....
1999 0 Supreme(All) 1401 • India - Allahabad
B.K.ROY, LAKSHMI BIHARI
The disposal of the representation was a subsequent event and could not be treated as a cause of action for filing the writ petition ... Issues: Whether the writ petition became infructuous due to the disposal of the representation by the University. ... WRIT PETITION - REGULARIZATION OF SERVICES - DELAY IN DISPOSAL OF REPRESENTATION - WRIT PETITION NOT RENDERED INFRUCTUOUS - LIBERTY ... P. and others, 1995 (3) AWC 1454, (Paragraphs 16 to 18)in support of his submission that due to di....
2017 0 Supreme(Mad) 409 • India - Madras
G.JAYACHANDRAN
due to subsequent events. ... petitioner sought to amend his prayer from permanent injunction to delivery of possession of the suit property, which had become infructuous ... The court found that the petitioner's attempt to amend the prayer lacked merit on fact and law, as the landlord had followed due ... No. 366/13, filed for injunction not to evict without due process of law. Due to subsequent event, the revision petitioner wants to amend his pray....
2025 0 Supreme(Manipur) 17 • India - IN THE HIGH COURT OF MANIPUR AT IMPHAL
D.KRISHNAKUMAR, A.GUNESHWAR SHARMA
marriage of wife renders the appeal infructuous. ... ... ... Result: Appeal dismissed as infructuous. ... to subsequent marriage. ... Lenibala, learned counsel for the respondent submits that with the subsequent event of the appellant’s marriage with one Raju, the appeal has become infructuous. ... (2006) 6 SCC 19 that the appeal became infructuous and the question of law raised therein was directed to be decided in appropriate case. ... Accordingly, the appeal is....
2018 0 Supreme(Raj) 1598 • India - Rajasthan
ASHOK KUMAR GAUR
Findings of the court: Court finds that Apex Court has held that by subsequent event ... event if original proceeding has become infructuous, exdebito justitiae, it is the duty of the Court to take such action as is necessary ... aside, petitioner file suit for declaration, partition and permanent injunction –Held, Court finds that Apex Court has held that by subsequent ... Learned counsel for the respondents submits that the suit which are rendered infructuous can be brought to noti....
2018 0 Supreme(SC) 920 • India - Supreme Court
ARUN MISHRA, S.ABDUL NAZEER
appeal on ground that as he had received compensation under Ceiling Act, his land having declared surplus, the suit had become infructuous ... In view of the subsequent event, prayer was made to withdraw the suit and appeal as it had become infructuous. ... He has further stated that in the view of this subsequent event he may be permitted to withdraw the suit and the appeal may be dismissed as having become infructuous. ... However, the High Court on 23.6.1986 permit....
Filter by Legal Phrase
