Code of Civil Procedure, 1908

The suit concerned a gift deed of agricultural land made by the father to his son Kishun, which was challenged by the other son Behari on the ground that the land was joint family property and the deed was fraudulent. Behari claimed that a compromise had been reached before the Tehsildar dividing the land equally, but …

The petitioners, importers, had obtained a Letter of Credit from the respondent bank for a consignment that later sank at sea. The bank, after rejecting the petitioners' documents as discrepant, sued them for recovery of the amount, and the suit was transferred to a Debt Recovery Tribunal under the Recovery of Debts Du…

The respondents filed a suit in a civil court challenging the validity of a ten‑year lease of village common land granted by the Gram Panchayat and the legality of the auction. The trial court dismissed the suit on the ground that Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961, read with Section 1…

The appellant, one of four defendants in a suit for specific performance, challenged a decree of the appellate court before the Allahabad High Court. While three appellants were represented by counsel who appeared, the appellant had changed his advocate, and the new counsel failed to appear on the scheduled hearing dat…

Mahabir Prasad, the landlord, executed a deed in 1966 granting the rent benefits of certain premises to his grandsons and their mother, Smt. Sulochana Devi, and instructed the tenants to pay rent to her. He later executed a cancellation deed in 1970, revoking that benefit, and sued the tenants for arrears of rent, clai…

The Union of India filed a transfer petition under Section 25 of the Code of Civil Procedure seeking to move a suit filed by the Shiromani Gurdwara Prabandhak Committee and Sardar Gurcharan Singh Tohra against the Union and other respondents for Rs 1,000 crore damages arising from the 1984 Operation Blue Star. The suit…

The Supreme Court examined whether a liberty granted to approach the High Court for review, after an earlier Special Leave Petition (SLP) was dismissed, automatically places the matter in the escalation matrix and permits filing a fresh SLP. The Court held that Order XLVII Rule 7 of the CPC bars an SLP against an order…

The dispute arose from a representation agreement between D.M.C. Management Consultants Ltd. and Integrated Sales Service Ltd., which contained an arbitration clause. After the arbitrator awarded US $6.9 million against DMC, the award was sought to be enforced against non‑signatory parties, including Arun Dev Upadhyaya…

The appellant, Navnirman Development Consultants, was awarded a contract to construct a sports complex for a government agency, completed the work, but was not paid for its bills. The parties' agreement contained an arbitration clause, and when the respondent failed to constitute an arbitral tribunal, the appellant inv…

The plaintiff was required to file a suit by 31 December 2010, the last day of the court's winter vacation. 1 January 2011, a Saturday, was a non‑working day for judges but the registry remained open. The suit was filed on 3 January 2011. The trial court and the High Court held that the filing was within the limitation…

The case involved a claim for compensation under Section 166 of the Motor Vehicles Act after the death of Nanag Ram, a 36‑year‑old machine operator, in a road accident. The claimants sought Rs.24 lakh, while the insurer challenged the award on several grounds. The Supreme Court examined whether the High Court should ha…

Tata Steel (respondent) sued Himani Alloys Ltd. (appellant) for recovery of a sum and filed an application for a decree on admission under Order 12 Rule 6, claiming the appellant had admitted liability for Rs 74.57 lakhs in minutes of a meeting dated 9 December 2000. The Calcutta High Court, finding an admission for Rs…

The landlords appealed against a High Court revision that had set aside the trial and appellate courts' findings that the tenant was a wilful defaulter and that the landlords required the commercial premises for their own business. Both the trial court and the first appellate court, exercising jurisdiction under Sectio…

The plaintiff, a builder, sued the owners of a residential property for specific performance of an alleged oral collaboration agreement to develop the land. The High Court, noting the suit's low chance of success and heavy court dockets, ordered the plaintiff to furnish an undertaking to pay Rs.25 lakhs as damages if h…

Ram Prakash, a former Indian Air Force officer, was released after 15 years of service with a composite disability of 90% (retinal detachment and immature cataract). The Release Medical Board and the Appellate Medical Board both opined that his disabilities were neither attributable to nor aggravated by Air Force servi…

Shakti Bhog Food Industries Ltd. filed a suit on 23 February 2005 seeking true accounts and refund of excess interest/commission charged by the Central Bank of India. The trial court rejected the plaint under Order VII Rule 11(d) CPC, holding the suit barred by the three‑year limitation period in Article 113 of the Lim…

The appellant, Saroj Salkan, filed a partition suit under Section 6 of the Hindu Succession Act seeking division of five properties inherited from her father, Major General Budh Singh, against the legal heirs of her brother and sister. The Single Judge of the Delhi High Court dismissed the suit under Order XII Rule 6 o…

The parties, who were family members, referred their property dispute to a sole arbitrator appointed by mutual consent without any written arbitration agreement. The arbitrator was later alleged to have delayed the proceedings, leading respondents to file applications under section 14(1)(a) of the Arbitration and Conci…

The plaintiff purchased a property from Buchamma, the sole surviving sister of the deceased Balaiah, under a registered sale deed dated 25‑04‑1981. After the widow Yashoda's death, the plaintiff took possession, but Defendant No.3 (Sarojana) evicted him, claiming to be Yashoda's adopted daughter and thus an heir. The p…

The State of Orissa filed a suit under Article 131 of the Constitution seeking a declaration that the Borra group of villages belonged to it, asserting that the area was part of the Jeypore (Imparible) Estate transferred to Orissa in 1936. The State of Andhra Pradesh contested the suit, arguing that the disputed area w…

The Director of the Central Marine Fisheries Research Institute (affiliated to ICAR) appealed against a Supreme Court order granting four former "Computer" employees a revised pay scale of Rs.425‑600. The employees had earlier filed an application before the Central Administrative Tribunal (CAT) which was dismissed as …

Seema Sharma (Respondent No.1) challenged the promotion of two junior colleagues in Haryana State Electronics Development Corporation Ltd., claiming she was senior and entitled to promotion. The corporation contended that its promotion policy was based on the principle of Merit‑cum‑Seniority, a point taken in its writt…

Vishnu Dutt Sharma sued Daya Sapra for recovery of a loan, while simultaneously filing a criminal complaint under Section 138 of the Negotiable Instruments Act for a dishonoured cheque. The criminal trial resulted in an acquittal of Sapra. Sapra then sought to have the civil suit dismissed under Order 7 Rule 11(d) CPC,…

The appellant and respondents, siblings of a deceased father who was also a joint family manager, were parties to a partition suit concerning family property. While the suit was pending, the father executed a registered will bequeathing his one‑fourth share to the respondent, and subsequently died. The trial court, aft…

In an eviction proceeding under Section 13 of the East Punjab Rent Restrictions Act, the tenant (appellant) filed a written statement and later sought to amend it under Order 6 Rule 17 of the CPC to correct inadvertent misstatements. The Rent Controller rejected the amendment, holding that it would allow the tenant to …

In a civil suit, Jaladi Suguna obtained a decree declaring a gift deed void. The Trust appealed, but Suguna died during the pendency of the appeal. The High Court proceeded to hear the appeal and, after hearing rival claims to her estate, set aside the decree in favour of the Trust without first determining who the leg…

The Municipal Corporation of Greater Mumbai issued show‑cause notices under Section 351 of the Mumbai Municipal Corporation Act, 1888, demanding demolition of several structures alleged to be unauthorized. The occupants filed suits in the City Civil Court and obtained a temporary injunction restraining the Corporation …

The appellants, judgment debtors, sought to set aside an ex parte decree dated 3 May 1976 and later faced an execution application filed by the decree holders on 5 April 1991. The executing court held that the 12‑year limitation period under Article 136 of the Limitation Act began from the dismissal of a civil revision…

In the 2004 Musheerabad Assembly election, the appellant N. Narasimha Reddy lost by 240 votes and the respondent Dr. K. Laxman filed an election petition challenging the result. The petition sought summons of several voters as witnesses, alleging that their testimony was essential to prove that the appellant could not …

The case concerns the ownership of Rs. 50 crore 9% tax‑free bonds (the "suit bonds") issued by Nuclear Power Corporation Ltd. (NPCL). Andhra Bank Financial Services Ltd. (ABFSL) sold the bonds to Standard Chartered Bank (SCB) on 26‑27 February 1992, and SCB paid consideration and received a Banker's Receipt. Canbank Mu…

Anil Panjwani purchased a vacant plot from Shri Niwas Vaidhya under a sale agreement dated 1‑Dec‑1985 and took possession, erecting a boundary wall. The defendant, R.C. Ardawatiya, later attempted to erect a hut on the plot. Panjwani sued for declaration of title, restoration of possession and injunctions. The trial co…

The Supreme Court dismissed a review petition and several writ petitions filed by Lily Thomas and others seeking to set aside the earlier judgment in Sarla Mudgal’s case, which held that a Hindu husband who converts to Islam without dissolving his first marriage commits bigamy under Section 494 IPC. The Court held that…

The plaintiff‑respondent filed a suit for declaration and possession which was dismissed, and the subsequent appeal was also dismissed. The plaintiff then filed a second appeal under Section 100 of the Code of Civil Procedure before the Kerala High Court. The High Court entertained the second appeal and decreed in favo…

Indian Bank filed a summary suit under Order 37 of the CPC against Maharashtra State Co‑operative Marketing Federation Ltd for recovery under a Letter of Credit. The Federation had earlier instituted a regular suit against the Bank and sought a stay of the summary suit invoking Section 10 of the CPC, which bars the tri…

The Gujarat Agricultural Produce Market Committee advertised allotment of shops in a new market yard under the Gujarat Agricultural Produce Markets Act, 1963. Two respondents filed a suit seeking a perpetual injunction to restrain the Committee from making any allotments, and an interim injunction was granted by the tr…

The landlord, K.A. Anthappai, sought eviction of his tenant, C. Ahmed, under sections 11(3) and 11(4)(ii) of the Kerala Buildings (Lease & Rent Control) Act, claiming the building was needed bona‑fide for his residence after retirement. The Rent Controller dismissed the petition, finding no bona‑fide need and no damage…

Smt. Dipo sued to recover possession of her deceased brother Bua Singh's properties, claiming to be his nearest heir. The trial court held that she could inherit only the non‑ancestral lands, as under local custom a sister is excluded from ancestral property in favor of collaterals. On appeal, the Supreme Court examine…

The State Trading Corporation sued M. Ramnarain Private Ltd. for a sum of over Rs. 40 lakhs. The trial judge granted a decree in favour of the plaintiff and allowed the payment of the decretal amount in instalments. The defendant filed an appeal (No. 36/1981) only against the instalment order, withdrew it the next day,…

The husband and wife were married in 2013, lived together in the United Kingdom for over seven years and later separated in 2021. The wife filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, alleging non‑consummation due to the husband’s alleged impotency. The husband filed an application under …

The appellant, a tenant, was ordered by the Rent Tribunal to vacate the premises within six months and to pay arrears of rent. The High Court later directed the tenant to deposit the arrears by 31 December 2017 and to pay mesne profits from 1 November 2017. The tenant failed to meet the deadline, applied for an extensi…

The plaintiffs, owners of a building, filed three eviction suits against the same tenant. The first two suits (2004) sought eviction on the ground of non‑use for several years, while the third suit (2010) sought eviction on the ground of non‑use for a continuous period of at least six months immediately before the suit…

The complainant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by a business concern named Fine Tubes was dishonoured. The complaint named several persons, including the appellant who was described as "in charge, Manager, Director" of …

The landlord of an eight‑room building filed seven suits under Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 seeking eviction of tenants for rebuilding. The trial court dismissed the suits for lack of proof of a bona‑fide rebuilding need and financial capacity, and the High Court affirmed the dismissal…

The parties were co‑owners of a joint family property and entered into a family settlement on 30‑03‑1973 whereby certain co‑owners were to pay Rs 15,000 each to another co‑owner in instalments, after which they would relinquish their rights. The appellant failed to make the payment and the respondents filed a suit for …

The appellant, an inspector with United India Insurance, was dismissed after a departmental inquiry found him guilty of antedating an insurance cover note following a fire. He appealed, but the appellate authority upheld the dismissal. Simultaneously, a civil suit by the consignor concluded that the cover note was not …

The Uttar Pradesh State Road Transport Corporation (UPSRTC) challenged a High Court order that directed the State Transport Authority to issue 38 stage‑carriage permits to private operators for the Muzaffarnagar‑Chajlet route. The permits covered the Bijnor‑Noorpur segment, which had been notified as a state‑run road‑t…

Bhagawati Oxygen Ltd. (BOL) entered into a contract with Hindustan Copper Ltd. (HCL) for the supply of oxygen, which contained an arbitration clause. An arbitrator awarded Rs. 74,84,521.34 to BOL and granted interest at 18% per annum, dismissing HCL's counter‑claim. HCL challenged the award under Section 30 of the Indi…

Respondent Era Educational Trust applied to the Central Government for consent to establish a medical college, which was rejected after two inspections by the Medical Council of India. The Trust filed a writ petition under Article 226 of the Constitution, and the Allahabad High Court, without allowing a counter‑affidav…

The appellants obtained a decree for specific performance and possession of a suit property against the vendors, but the vendors failed to execute the sale deed. The appellants sought execution of the decree, while the respondents (nephews of the vendors) claimed to be cultivating tenants and objected to the delivery o…

Snehadeep Structures Pvt. Ltd. (SSPL) entered into a supply/purchase order with Maharashtra Small Scale Industries Development Corporation Ltd. (MSSIDCL) on 30 March 1995 for the delivery of goods to the Maharashtra State Electricity Board. The contract stipulated that MSSIDCL would pay SSPL only after the goods were a…

The petitioners alleged that the Karnataka Industrial Area Development Board had allotted ecologically sensitive land for a software technology park, resulting in encroachment of storm‑water drains (Rajakaluves) and damage to the Bellandur lake catchment. The National Green Tribunal (NGT) found violations of wetland an…

The dispute concerned the interpretation of the H.E.H. Nizam's Jewellery Trust deed, incorporated by the Nizam's Trust Deeds (Validation) Act, 1950, particularly clauses dealing with the "Remaining Sons' Fund" and "Remaining Daughters' Fund". Original petitions under Sections 56 and 61 of the Indian Trusts Act were fil…

The appellants and respondents were co‑owners of undivided property and had entered into a development agreement that allotted three separate flats (Nos. 201, 202 and 301) to each party by mutual adjustment. The appellants filed a suit for partition and sought an interim injunction to restrain the respondents from deal…

The landlords filed a suit for eviction of the tenant, Vasant Ganesh Damle, on the ground of arrears in rent. The trial court dismissed the suit, but the appellate court reversed the decision, holding the tenant liable for eviction. The tenant contended that he was entitled to protection under Section 12(3) of the Bomb…

Kalpataru Agroforest Enterprises claimed a refund of excess freight paid to Indian Railways and filed a claim before the Railway Claims Tribunal, which dismissed the claim. The appellant filed a review petition under Section 18(3)(f) of the Railway Claims Tribunal Act, 1987, but the Tribunal dismissed it. The appellant…

The respondent, K.V. Mohan Rao, entered into a building contract with Nandyal Co‑Op Spinning Mills Ltd. that contained a clause mandating that all disputes be referred to a sole arbitrator appointed by the owner’s Administrative Head, with no objection to the arbitrator being the owner’s representative. After the Admin…

The appellant, a tenant, occupied a shop on 16 June 1967. The landlord sought eviction, arguing that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 did not apply because the building was within the ten‑year exemption period. The lower courts held that the date of completion of the buildin…

The appellants, owners of a property in Bangalore, filed two civil suits to protect their possession and claim ownership. Respondent No.2, a rival heir, lodged an FIR under IPC sections 448 and 506 alleging threats by the appellants to withdraw the suits, leading to a criminal case. The appellants sought quashing of th…

The appellants, Asgar and others, were lessees occupying a large tract of land in Kerala and sought a declaration that they could remain in possession and claim compensation for improvements under the Kerala Compensation for Tenants Improvements Act, 1958. They first raised this claim in an execution application under …

The Mysore Urban Development Authority (the Authority) appealed a civil suit decree against it, but its first appeal was dismissed in default when its counsel failed to appear. The Authority sought restoration of the appeal under Order 41 Rule 19 of the Code of Civil Procedure, 1908, but the appellate court refused and…

The Supreme Court entertained Civil Appeal No. 725 of 2009 filed by Sahara India Commercial Corp. Ltd. seeking directions for the speedy disposal of a suit (No. 3376 of 2005) pending before the Bombay High Court and an appeal against an order passed on a chamber summons. The Court, invoking its powers under Article 136…

V.J. Thomas filed a suit under Order 1 Rule 8 of the CPC for declaration of title, possession and an injunction against respondents 3‑5, publishing a notice under Order 1 Rule 10. The respondents did not appear and an ex‑parte decree was passed. In the execution proceedings, respondents 1 and 2, who were not parties to…

Vimlesh Kumari Kulshrestha, a tenant of only a portion of a house, entered into an agreement of sale dated 1 April 1986 for the house she occupied. She filed a suit for specific performance (OS No. 228A/86) but the court noted non‑payment of proper court fees, prompting her to file a second suit (OS No. 13A/87) and wit…

The Supreme Court examined an appeal by the defendants challenging a High Court order that set aside a First Appellate Court's remand of a suit to the trial court under Order 41 Rule 25 of the Code of Civil Procedure, 1908. The key issue was the legal effect of the words "may" and "shall" appearing in the same statutor…

The plaintiff filed a suit for partition and sought the appointment of a guardian for the 87‑year‑old defendant under Order 32 Rule 15 of the CPC, alleging mental infirmity. The trial court dismissed the application, prompting a revision before a Single Judge of the High Court, who set aside the trial court order but d…

The contractors M.K. Shah Engineers and Chabaldas & Sons were engaged by the State of Madhya Pradesh to construct the Barna Main Dam. Their contracts contained an arbitration clause requiring a prior decision by the Superintending Engineer (SE) and a 28‑day notice to challenge it before arbitration could be invoked. Th…

Lakshmi Ram (deceased) had an agreement with vendor Trikha Ram to sell land for a consideration, but the vendor sold the property to subsequent purchasers. Lakshmi Ram filed a suit for specific performance which was decreed by the trial court. On appeal, the defendants argued that the suit was barred under Section 16(c…

The appellant, S. Baldev Singh Mann, filed an election petition challenging the 1992 Punjab Legislative Assembly election of S. Gurcharan Singh (respondent No.1) on grounds of booth capturing and overspending. He alleged that the respondent and his agents threatened the appellant's polling agent and exceeded the permis…

The plaintiff, Salil Dutia, sued T.M. & M.C. Pvt. Ltd. for ejectment on grounds of rent default and personal occupation. The suit, after a seven‑year pendency, was scheduled for final hearing on 9 June 1988, but the defendant failed to appear, relying on alleged advice from its counsel that it need not be present until…

The landlord, Damodar Lal, sought eviction of his tenants on the ground that they had made unauthorised structural alterations to the rented premises. Both the trial court and the first appellate court found that material alteration had occurred and dismissed the tenants’ appeal. The tenants appealed to the High Court,…

The respondents filed a suit under Section 92 of the Code of Civil Procedure seeking removal of the trustees of the Sri Aurobindo Ashram Trust, alleging that the trustees failed to act against an objectionable biography of Sri Aurobindo. The High Court held the suit within the ambit of Section 92 and refused to revoke …

The wife of Narwinder Singh, who was pregnant, committed suicide within four years of marriage. The trial court convicted the husband and his parents under Section 304‑B IPC for dowry death, but the High Court, finding no dowry demand at the time of death, converted the husband's conviction to Section 306 IPC (abetment…

The father of two minor Muslim children (a 13‑year‑old girl and a 5‑year‑old boy) sought guardianship and interim custody after the mother’s death and his subsequent remarriage. The children’s maternal grandfather, aunt and uncles applied under Sections 7, 9 and 17 of the Guardian and Wards Act, 1890 for appointment as…

The appellant and his brother were involved in two civil suits concerning a will. The trial court dismissed the suits under Order 7 Rule 11, directing the parties to arbitrate based on a declaration by their deceased father that any future disputes should be referred to a named arbitrator. The appellant appealed, and w…

SnehaDeep Structures Private Ltd., a small‑scale industrial undertaking, obtained an arbitral award for interest on delayed payment from Maharashtra Small Scale Industries Development Corporation Ltd. The corporation filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the aw…

Iridium India Telecom Ltd. filed a suit for Rs. 1,000 crore on the Original Side of the Bombay High Court against Motorola Inc. The respondent sought an extension of time to file its written statement, which the High Court granted beyond the 90‑day period prescribed by Order VIII Rule 1 of the CPC. The appellant appeal…

The manager of a village cooperative Samiti (the second respondent) was dismissed on charges of embezzlement. Claiming that the dismissal order was never served, he filed a civil suit for injunction, which was later withdrawn, and also lodged a complaint under Section 28‑A of the Rajasthan Shops and Establishment Act. …

The appellant filed suit O.S. No. 6640/1996 for declaration and injunction over a piece of land, while the respondent filed a cross‑suit O.S. No. 2150/1992; both suits were clubbed and the trial court dismissed the appellant's suit and decreed the cross‑suit. The appellant then filed two first appeals under Section 96 …

The appeal concerned the interpretation of Section 13(2)(a) of the Consumer Protection Act, 1986 regarding the time allotted to the opposite party to file its version after a complaint is admitted. The petitioner argued that the 30‑day period could be extended beyond the statutory ceiling of 15 days, relying on the lat…

The deceased K. Satyanarayna died intestate, and his brother Karedla Parthasaradhi claimed inheritance of the suit house. Defendant Gangula Ramanamma (defendant No.1) asserted that she was the deceased's legally married wife, having lived with him for over three decades, and thus claimed ownership as a Class‑I heir. Th…

The State of Gujarat and the Mamlatdar sought to enforce the Gujarat Agricultural Lands Ceiling Act, 1960 against Manoharsinhji Pradyumansinhji Jadeja, whose 587 acres of land were declared surplus. Jadeja contended that the lands were "urban land" under the Urban Land (Ceiling and Regulation) Act, 1976 and therefore o…

The Government of India acquired land for firing ranges and awarded compensation to landholders, who then sought a reference under Section 18 of the Land Acquisition Act, 1894. The Reference Court enhanced the compensation, but both the landholders and the Union of India appealed to the High Court. The High Court dismi…

The plaintiff, who had been operating a colour lab and studio under the trade name "Muktajivan Colour Lab and Studio" since at least 1995, sued the defendants for passing off after they intended to use the same name for a similar business. The plaintiff sought a permanent injunction and an ad‑interim injunction; the tr…

The appellant Bhandari had given a short‑term loan of Rs 15 lakh to the respondent Heavy Mechanical Lifting Enterprises. A dispute over interest and repayment was referred to arbitration; the arbitrator passed an award on 17‑Apr‑1985 and, after a four‑year delay, filed it in the Calcutta High Court on 23‑Mar‑1989 to be…

The U.P. State Sugar Corporation entered into a contract with M/s Sumac International Ltd. for the supply and installation of a sugar plant, requiring the seller to furnish several irrevocable bank guarantees payable on demand. The contract was not completed within the stipulated or extended time, leading the appellant…

The Recovery Officer, under the Uttar Pradesh Co-operative Societies Act, 1965, initiated recovery proceedings under Section 91 to attach and sell the lands of members who had defaulted on loans taken for seeds and manure. The members contended that the statutory charge created by Section 39(a) attaches only to the cro…

The complainant, Sadiq B. Hanchinmani, filed a private criminal complaint alleging that the accused had forged an e‑stamp rent agreement to illegally occupy his property and had committed offences under Sections 120B, 201, 419, 471, 468 and 420 IPC. The Judicial Magistrate First Class (JMFC) referred the matter to the …

The husband appealed against a Family Court order granting interim maintenance of Rs 15,000 per month to his wife and Rs 10,000 per month to his son under Section 125 of the Cr.P.C., which was affirmed by the Bombay High Court. The Supreme Court upheld the lower courts' orders, directed the husband to pay the full arre…

The appellant, a guarantor, challenged the attachment of his fixed deposit receipts, which were created from his pension and gratuity, by the executing court in a suit filed by the bank to recover a loan. The trial court had decreed that the bank could recover the debt by first auctioning the hypothecated vehicle and, …

The husband appealed against a High Court order directing him to reimburse his wife’s medical expenses incurred after she fell down the stairs. The wife had filed an application under Section 151 of the CPC in a pending matrimonial suit under the Special Marriage Act, 1954, seeking medical reimbursement. The Supreme Co…

The plaintiff obtained an ex‑parte decree in a title suit. The defendant filed a petition under Order IX Rule 13 of the CPC, together with an application under Section 5 of the Limitation Act, to set aside the decree, and subsequently filed an appeal against the decree with a condonation application. Both the petition …

The respondents, owners of 1,534.40 acres, claimed that their land was exempt from vesting under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Forest Tribunal initially declared only 100 hectares as vested forest and dismissed the rest. The State later issued a notification demarcating 324 hectares…

The respondents filed a suit against United Bank of India concerning an underwriting commitment. While the suit was pending, the parties executed a Memorandum of Understanding (MOU) on 18 May 1994 that required the respondents to withdraw the suit, pay a guarantee liability of Rs. 2.33 lakhs, and file a compromise peti…

The mother, Dhanwati Joshi, had been granted permanent custody of her son by the Bombay High Court in 1986 and by an ex‑parte order under the Guardian and Wards Act, 1890 in 1987. The father, Madhav Unde, later obtained custody in a US court and subsequently filed a fresh petition in the Indian Family Court in 1993 see…

The Supreme Court considered a Miscellaneous Application filed by Sunview Assets Pvt. Ltd., the auction purchaser, seeking a sale certificate from Union Bank of India on the ground that it had fully paid the auction price with interest as ordered on 12 May 2020. The Court examined whether the successive extensions of t…

The plaintiff filed a suit for specific performance of a sale agreement that required the defendant to evict tenants and deliver vacant possession before executing the sale deed. The trial court found the plaintiff ready but not willing to accept the property with tenants and therefore dismissed the suit, ordering the …

The plaintiff, Geeta, sued the defendants for possession, injunctions and mesne profits, asserting ownership of a Delhi property and that Defendant No.1 was her tenant who had sub‑let to Defendant No.2. In their written statement the defendants claimed they were the owners, stating that Defendant No.2 had purchased the…

Ambalal Sarabhai Enterprises Ltd. filed a suit in the Vadodara Commercial Court seeking specific performance of a mortgage deed concerning a parcel of land. The respondents contended that the dispute did not fall within the definition of a "commercial dispute" under Section 2(1)(c)(vii) of the Commercial Courts Act, 20…

Ravi Setia filed a suit for specific performance of a sale agreement dated 10‑11‑1989, seeking execution of the sale deed on 30‑04‑1990. The trial court held that the plaintiff was ready and willing to perform, relying solely on a certificate from the Sub‑Registrar that he was present on the said date, despite the defe…

The petition sought clarification on the scope of Section 9A of the Code of Civil Procedure (Maharashtra amendment) concerning the court's "jurisdiction to entertain" a suit and whether a plea of limitation could be decided as a preliminary issue. The Division Bench of the Bombay High Court had held that Section 9A inc…

Hindustan Antibiotics Ltd., a Government of India undertaking, owned 263.57 acres of land in Pune and disputed with the Maharashtra Housing and Area Development Authority (MHADA) over the disposal of part of that land. The company filed a writ petition in the Bombay High Court seeking mandamus for disposal of the land,…

The appellant, a contractor, entered into five irrigation contracts with the State of Maharashtra in 1983. After abandoning the work in 1985, he sought damages and later invoked Clause 30 of the contracts, claiming it was an arbitration clause that made the Superintending Engineer’s decision binding as an arbitral awar…

The appellant, a college lecturer, sought regularisation of his service and award of senior scale and selection grade under the UGC Career Advancement Scheme. The Central Administrative Tribunal had granted these benefits, but the Calcutta High Court set aside the tribunal's order and later rejected the appellant's rev…

The landlady filed an eviction suit against the tenant for sub‑letting without consent; the tenant had left the premises and his divorced wife, Ruma Chakraborty, remained only as custodian of their minor children. Chakraborty sought to be impleaded as a party defendant under Order I Rule 10(2) CPC, claiming a right to …

A joint Hindu family owned a building that was let to a partnership firm, which later converted into a private limited company in 1948. The landlords, members of the family, sought eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965 on the grounds of bona‑fide need for business expansion (s.11(3)), u…

The landlords (Bajorias) sought eviction of the tenants (Burmans) from a shop under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 on grounds of non‑payment of rent and personal requirement. The tenants had repeatedly sent the monthly rent by postal money order to one co‑owner, Anar Devi, who refused …

The deceased V. Madhava Raja left unpaid income tax, wealth tax and agricultural income tax. A partition suit was filed, and the State sought to recover the tax dues by attaching the estate, eventually ordering the sale of the property Devi Vilas Palace by public auction. The auction purchaser sought extensions and wit…

The case concerned the interpretation of Section 28A of the Land Acquisition Act, 1894 as amended by the 1984 Amendment Act, particularly its prospective operation, the definition of “aggrieved person”, the computation of the three‑month limitation period, and whether awards of higher compensation by civil courts or ap…

The appellant, Bhanwar Lal, obtained a final ejectment decree against Ram Kishan and sought possession of the property. When Satyanarain, a third‑party not a judgment‑debtor, obstructed delivery, the appellant filed an application under Order 21 Rule 35(3) for police assistance. The executing court directed him to file…

The Supreme Court examined a petition filed under Article 227 of the Constitution challenging the sale of a property executed against a judgment-debtor. The sale was ordered by a Subordinate Judge after the surety of the judgment-debtor failed to deposit the required amount and subsequently died. The surety's alleged h…

The tenant Kewal Singh occupied premises under a lease when the landlord Lajwanti filed an eviction suit under the Delhi Rent Control Act invoking sections 14A(1), 14(1)(e) and 14(1)(f). She later withdrew the bonafide necessity and repair grounds, then amended the suit to re‑insert the 14(1)(e) ground. The tenant chal…

The case concerned land originally owned by a tribal person that had been sold to a non‑tribal transferee. The Assistant Collector initially dropped restoration proceedings under Section 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, because the tribal transferor was unwilling to repurchase th…

In the 2004 Lok Sabha election for Muvattupuzha, P.C. Thomas was declared elected by a narrow margin. The election petitioner, P.M. Ismail, challenged the result alleging that Thomas had committed corrupt practices under Sections 123(3) and 123(5) of the Representation of the People Act, 1951 by printing and circulatin…

The appellant, Lakshmi Narayanan, obtained an ex parte eviction decree against tenant S.S. Pandian under the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 and filed an execution petition. During execution proceedings the parties compromised: the tenant surrendered part of the premises and entered into a three‑y…

Navinchandra N. Majithia entered into a share‑sale agreement that was later terminated, after which the buyer filed a false complaint in Shillong, Meghalaya. Majithia filed a writ petition in the Bombay High Court under Article 226 seeking to quash the complaint or, alternatively, to direct the Meghalaya police to tran…

The respondent, Jaswant Singh, filed a suit seeking declaration of title and possession of a parcel of land. The petitioner, Shromani Gurudwara Prabandhak Committee, initially denied any title of the alleged owner, Isher Singh, in its first written statement. After trial, the petitioner sought to amend its written stat…

Operation Asha, a not‑for‑profit society registered under the Societies Registration Act, 1860, provides health services to the under‑privileged. After the society’s CEO terminated co‑founder Dr. Shelly Batra, she and her mother filed a suit under Section 92 of the Code of Civil Procedure alleging financial impropriety…

The petitioners, the Committee of Management Anjuman Intezamia Masajid, sought a declaration that they could perform Hindu rituals at the Gyanvapi Mosque and moved to dismiss the suit under the Places of Worship (Special Provisions) Act, 1991. The trial court, exercising discretion under Order 26 Rule 10A of the Code o…

The appellant challenged a Karnataka High Court judgment that dismissed a first appeal against a trial court order directing rectification of a partition deed. The High Court had merely reproduced portions of the trial court judgment and quoted documents without analysing the evidence or addressing the legal issues rai…

The contractors Y. Sleebachen and others obtained three arbitration awards against the Government of Tamil Nadu for contracts. The government challenged the awards under Section 34 of the Arbitration and Conciliation Act, 1996, but while the petitions were pending the parties negotiated a settlement in which the contra…

The appellants filed a suit seeking declaration, mandatory and permanent injunctions, and rendition of accounts concerning immovable properties, companies and partnership firms, alleging a family settlement dated 20‑12‑2007. The trial court granted a temporary injunction restraining the parties from selling or charging…

The parties entered into a manufacturing agreement that contained an arbitration clause specifying Delhi as the venue and jurisdiction. The respondent sued the appellant in the Munsif Court, Gaya, and the appellant sought a stay of the suit under section 34 of the Arbitration Act, 1940. Subsequent applications were fil…

The appellants Bakshi Dev Raj & Anr. challenged a decree modified by the High Court in a second appeal, alleging that their counsel settled the matter without a written agreement and that the subsequent review petition was barred because their Special Leave Petition (SLP) had been dismissed as withdrawn. The Supreme Co…

The respondent filed a suit under Order 37 Rules 1 and 2 of the CPC to recover a cheque amount that was dishonoured. The petitioner applied for leave to defend under Order 37 Rule 3, alleging that the cheque dated 11‑10‑2006 was originally dated 11‑10‑2000 and had been tampered with, and that the cheque was given only …

The respondents filed a title suit for eviction of the appellant, claiming ownership and landlord status over a shop in Purulia. The appellant denied being a tenant, asserting that he entered possession under a sale agreement and later pleaded adverse possession, claiming over twelve years of possession. The trial cour…

The brothers Narinder Kumar Malik and Surinder Kumar Malik were parties to a partition suit concerning a jointly owned industrial plot. While the suit was pending, they executed a Memorandum of Understanding (MOU) on 9 February 2005 whereby Narinder agreed to sell his 50% share to Surinder for Rs. 3.50 crore, with an a…

The plaintiff, who bought agricultural land in 1957, leased it to the defendant in 1971. After the defendant stopped paying rent in 1979, the plaintiff sued for possession and mesne profits, alleging the defendant was a trespasser. The defendant denied being a tenant and claimed ownership by adverse possession since 19…

The appellant and his elder brother (respondent) partitioned their father's property, but the brother failed to vacate a portion of a theatre belonging to the appellant, leading to a suit for mandatory injunction which was decreed in the appellant's favour. While the appeal was pending, the dispute was referred to a Lo…

The plaintiff, K.M. Shaffi, sued for a declaration of ownership of a plot and an injunction against the defendant, relying on a certified copy of a 1944 sale deed (Ex.P1) and a 1966 gift deed (Ex.P2). The trial court admitted the documents, applying the presumption of authenticity under Section 90 of the Evidence Act b…

Gujarat Bottling Co. Ltd (GBC) entered into a 1993 licence agreement with Coca Cola to bottle and distribute beverages under several trade marks, which included a negative covenant prohibiting GBC from dealing in competing products during the agreement's term. A subsequent 1994 agreement, intended to register GBC as a …

The award in a dispute between Indian Rayon Corp. Ltd. and Raunaq & Co. was filed in the Calcutta High Court on 4 February 1977. The appellant claimed the award had been wrongly filed and sought a notice of filing; the court issued a notice on 30 July 1981. The appellant applied for a certified copy of the award on 18 …

The appellant, a landlady, sued the respondent tenant for possession of a flat, arrears of rent and mesne profits of Rs.78,000 after the tenancy was terminated. The High Court, relying on the West Bengal Premises Tenancy Act, held that the tenant remained a lawful occupant and that the claim for mesne profits was unten…

The appellants' land was acquired under the Land Acquisition Act, 1894 and a District Judge fixed compensation at Rs.267 per square yard with solatium. The respondent (Greater Noida Industrial Development Authority) appealed the award, and the appellants filed cross objections under Order 41 Rule 22 of the CPC seeking …

The Supreme Court examined an arbitral award granting Buildworth Pvt. Ltd. price‑escalation, idling‑charges and interest against Assam State Electricity Board. The Board argued that the award exceeded the contractual ceiling for escalation, ignored the claimant’s contributory delay, and that interest could not be award…

R.K. Roja was elected to the Nagiri Assembly Constituency and a respondent filed an election petition challenging her election. The appellant filed an application under Order VII Rule 11 of the CPC to have the petition rejected, first as a counter‑affidavit and later as a formal application. The High Court declined to …

The husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 alleging mental cruelty by his wife, who had publicly defamed him, hidden his clothes and keys, and made false criminal allegations. The trial court and appellate courts dismissed the petition, deeming the evidence unreliable a…

The State of Rajasthan raised the royalty on limestone through notifications, prompting lessees to file writ petitions challenging the increase and obtain interim stays that allowed them to pay the lower rate. After the writs were dismissed, the lessees paid the differential royalty but the State demanded interest on t…

The Supreme Court examined the validity of the Grievance Redressal Committee created under Maharashtra's Shikshan Sevak Scheme, which had been reconstituted by the High Court to function as a quasi‑judicial tribunal headed by a retired judge. The petitioners, private schools, challenged the committee's authority to adj…

The respondent Jagdish obtained a right of way over the appellants' land under Section 131 of the Madhya Pradesh Land Revenue Code, which the Tahsildar approved. The appellants challenged this by filing a civil suit for a declaration that no easement existed and that the Tahsildar's order was illegal. The trial court d…

In a suit for declaration, possession and damages, the sole plaintiff died and the appellant sought to be added as the legal representative under Order 22 Rule 3 of the CPC, claiming entitlement under a will. The trial court rejected the application, found the will unproved and dismissed the suit for lack of a legal he…

The appellant, Joseph Salvaraj A., was charged under IPC sections 406, 420 and 506(1) for allegedly failing to pay Rs 10 lacs to a cable operator after promising to broadcast his channel "God TV" in Ahmedabad. The complainant, a mediator, lodged an FIR claiming the appellant had breached a contract, but no written agre…

The plaintiff, a landlady, leased a shop to the tenant (defendant No.1) for a grocery business. The tenant allegedly sublet the premises to a milk vendor (defendant No.2) and failed to use the shop for its intended purpose for more than six months before the suit, as shown by electricity bills, a Court Commissioner’s r…

The case arose from a long-running family dispute over a residential property where the appellants repeatedly filed suits and applications for over four decades, causing extensive delay and waste of judicial resources. The Supreme Court examined whether the trial courts should impose actual, realistic costs on parties …

The appellants, Devinder Singh and others, filed a civil suit seeking a declaration that they were owners in possession of a parcel of land and that the authorities' orders declaring the land surplus and allotting it were null and void. The respondents contended that the suit was barred by Section 26 of the Haryana Cei…

The Supreme Court upheld a 2002 decree that mandated the State of Punjab to complete the Sutlej‑Yamuna Link (SYL) canal within one year, directing the Union of India to intervene if Punjab failed. Punjab’s subsequent suit challenging the decree, the constitutionality of Section 78 of the Punjab Reorganisation Act, 1966…

The husband of a patient filed a consumer complaint under the Consumer Protection Act, 1986 alleging medical negligence by Dr. P.B. Lall, which was partly upheld by the District Forum awarding compensation. The State Consumer Disputes Redressal Commission set aside the award, and the matter proceeded to the National Co…

The petitioner challenged the High Court of Madhya Pradesh's rejection of his application to recall a witness under Order 18 Rule 17 of the CPC. The Supreme Court examined the scope of that rule, noting that it confers a power exclusively on the court trying the suit to recall and re‑examine a witness, and that parties…

The Supreme Court examined an election petition filed under Section 100(1)(d)(iv) of the Representation of the People Act, 1951, which alleged that the returned candidate, Kanimozhi Karunanidhi, had suppressed her spouse's PAN and income‑tax details in Form 26. The Court held that the petition contained only vague, bal…

The appellant sought possession of a 3‑acre agricultural field based on a registered sale deed dated 21‑04‑1979. The defendants argued that the deed was a sham, executed as collateral for a money‑lending transaction, and that the sale violated the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Ac…

The Kerala government enacted the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 to cancel arbitration clauses in agreements for the Kallada Irrigation Project, revoke arbitrators' authority and permit appeals against awards that had become "Rule of Court". The High Court of Kerala held the …

The State of Rajasthan appealed against a decree granting title to a plot of land to the deceased Harphool Singh on the basis of adverse possession. The plaintiff claimed continuous, open and hostile possession since 1955, supported only by oral statements and electricity/water bills, and later introduced a claim of hi…

The Supreme Court examined whether the Delhi Municipal Corporation Act, 1957 bars civil courts from entertaining suits challenging demolition orders of unauthorised constructions. It held that the Act creates a statutory scheme that ousts court jurisdiction, and suits are maintainable only if there is a prima facie jur…

In 1976, respondents Nos. 2‑5 discovered a treasure of gold, silver ornaments and cash while renovating a house and reported it to the Collector, who issued a notification under the Indian Treasure‑Trove Act, 1878. The Collector, believing the treasure was hidden within the statutory period, adjourned the hearing and a…

The appellants, Atul Chandra Das, sought ejectment of the respondents, the Bhattacharyyas, from a property alleging a valid sale, while the respondents contended that the original sale to Bholanath was a mortgage by conditional sale and that the appellants colluded to defeat the redemption period. The trial court dismi…

The appellant, a power distribution company, entered into a Power Purchase Agreement (PPA) with the respondent, a power generator, and disputed accounting details and rebate claims arising from monthly invoices. The dispute was taken before the Tamil Nadu Electricity Regulatory Commission (State Commission) which adjud…

Bhagwati Developers Pvt. Ltd. (the appellant) sought to revive a winding‑up petition filed under Sections 397 and 398 of the Companies Act, 1956 by two shareholders with its consent after the original petitioners withdrew their appeals. The High Court dismissed the appellant's applications, holding that the withdrawal …

The plaintiffs, minor sons of a pre‑deceased son, filed a suit seeking to declare a 1978 decree that transferred agricultural land to other family members null and void, asserting their right to inherit the land as ancestral property. The defendants contended that the land was not ancestral and had been allotted to the…

The appellant, a judgment debtor, was sued for recovery of principal and interest on a promissory note, resulting in an ex‑parte decree. The plaintiff obtained an execution decree and the appellant's immovable property was sold to satisfy the decree. The appellant applied under Order 21 Rule 90 CPC to set aside the sal…

The appellant, a third defendant, challenged an ex parte decree in a recovery suit that had been transferred from the Delhi High Court to an Additional District Judge due to enhanced pecuniary jurisdiction. The transfer was ordered under Rule 6 Chapter 13 of the Delhi High Court Rules, which mandates that the presiding…

The appellant filed a suit for specific performance of a sale and later sought to implead a third party, SA, who had already purchased the suit property. SA subsequently sold the property to the respondents, and an ex‑parte decree was passed against the appellant before SA was served with summons. The respondents later…

The original owner sold two adjoining parcels to the appellants and the first respondent, each deed describing a specific area and granting a right of ingress and egress over an open passage. The first respondent later executed a Release Deed relinquishing all rights except passage, but subsequently erected structures …

The State of Andhra Pradesh appealed against a High Court order that set aside a trial court decree granting a declaration that a property was not subject to any public or charitable trust under the Madras Hindu Religious and Charitable Endowments Act, 1951. While the suit was pending, the Andhra Pradesh Charitable and…

The respondents filed a suit for permanent injunction restraining the defendants from constructing, filling, alienating, and transferring possession of a specific property. The first defendant did not lead any evidence, and the trial court closed his evidence. The appellant, a subsequent purchaser from the first defend…

Bharat Singh, a workman dismissed in 1975, obtained a Labour Court award on 28 September 1983 directing his reinstatement and back wages. The management challenged the award by filing a writ petition in the Delhi High Court on 31 January 1984. While the writ was pending, Singh invoked Section 17‑B of the Industrial Dis…

Konkan Trading Co. filed a suit which was withdrawn by the trial court on the condition that it pay Rs.100 costs and was given liberty to file a fresh suit under Order XXIII Rule 1(3) of the CPC. The fresh suit was filed before the costs were paid; the plaintiff later deposited the costs after obtaining the trial court…

The appellants, originally defendants in a suit concerning a Joint Development Agreement, gave an undertaking through their counsel in 2007 not to alienate the subject property, which the trial court later incorporated into a court order. In 2011 the plaintiffs filed an application under Order XXXIX Rule 2A alleging br…

The case concerned a registered Will dated 9 October 1984 executed by the deceased Palaniandi Udayar in favour of Navamani Ammal, the daughter of his brother. The widow (Thangam) and the minor daughter of the testator challenged the Will, alleging that the testator was ill‑health, that the Will was executed under suspi…

The Supreme Court examined whether a District Forum under the Consumer Protection Act, 1986 could extend the time for filing a response to a complaint beyond the 30 days plus a statutorily permitted 15‑day extension under s.13(2)(a), and where the 30‑day period begins. The Court held that s.13(2)(a) uses mandatory lang…

The State of Punjab appealed against the High Court’s decision that the Commissioner of Excise and Taxation could not extend the three‑year limitation period for passing a sales‑tax assessment after that period had expired. The assessee, M/s Shreyans Indus Ltd., had filed returns for assessment years 2000‑01 to 2003‑04…

The Supreme Court examined two procedural questions under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982: whether a Special Tribunal or Special Court must obtain a report from the Mandal Revenue Officer before taking cognizance of a land‑grabbing case, and whether they must publish a notice of cognizance in t…

The appellant filed a suit for specific performance of a registered agreement to sell a one‑third share of a property, alleging that the respondent’s brother, acting under a power of attorney, had entered into the sale. The respondent denied ever executing a power of attorney authorising his brother to alienate the pro…

The dispute concerned a shop in Kishangarh where an eviction suit was filed against the tenant, late Santok Singh, and his firm. Santok Singh died during the pendency of a second appeal, and his two sons applied to be substituted as his legal representatives under Order 22 Rule 3 of the CPC, invoking section 3(vii) of …

The appellants, original owners of land declared surplus under the Urban Land Ceiling Act, 1976, challenged the allotment of that land to weaker sections. An earlier appeal against the surplus declaration was dismissed in 1988, but the appellants later filed another appeal in 1995, suppressing the fact of the 1988 orde…

The appellants, editors of a newspaper, were prosecuted for contempt after publishing material alleged to scandalise the administration of justice. The contempt petition was filed by the Assistant Charity Commissioner, who was a serving civil judge appointed under Section 5 of the Bombay Public Trust Act, 1950. The app…

The plaintiffs claimed ownership of land by adverse possession, relying on an unstamped, unregistered sale deed dated 9 May 1931. The defendants denied the deed, asserted they had regained possession in 1957‑58, and pleaded that the plaintiffs were merely sub‑tenants (shikmi). The High Court, on appeal under Section 10…

The appellant, a textile mill, was served with two show‑cause notices under Section 11‑A of the Central Excises and Salt Act for alleged excise duty on yarn removed within the factory for the period November 1980 to December 1981. The Delhi High Court had stayed the effect of a circular dated 24‑September‑1980, and the…

The case concerned the constitutionality of the Punjab Village Common Lands (Regulation) Haryana Amendment Acts of 1974 and 1981, which sought to retrospectively bar civil courts from adjudicating disputes over village common lands (shamilat deh) and to empower Assistant Collectors to disregard earlier civil‑court decr…

Ramesh H. Kundanmal, a dealer operating a service station under a lease with Hindustan Petroleum Corporation Ltd (HPCL), challenged a demolition notice issued by the Municipal Corporation of Greater Bombay under section 351 of the Municipal Corporation Act. HPCL applied to be impleaded as an additional defendant, claim…

The appellant, a construction contractor, entered into a contract with the Rajasthan Housing Board for the construction of houses and later claimed non‑payment of escalation costs. Clause 23 of the contract provided for a Standing Committee to settle disputes, but the Board failed to constitute such a committee, prompt…

The appellant Ajanta LLP sued Casio for alleged infringement of its registered design on a scientific calculator marketed as ORPAT FX‑991ES PLUS. The parties mediated and entered into a settlement agreement on 16 May 2019, which the High Court incorporated into a decree on 3 July 2019. The appellant later filed an appl…

The plaintiffs, owners of Khasra No.146 in Himachal Pradesh, sued the defendants alleging encroachment on their land. The trial court dismissed the suit, but the First Appellate Court remitted additional issues and appointed a Local Commissioner to demarcate the land. After the commissioner’s report and objections, the…

The appellant filed a revision petition challenging the lower courts' refusal to grant an interim mandatory injunction in a suit under Section 6 of the Specific Relief Act concerning possession of a shop. The High Court set aside the appellate court's findings of fact and entertained the revision, despite the order bei…

The 2009 Legislative Council election for Nizamabad saw a narrow result, leading the defeated candidate to file an election petition alleging wrongful rejection of three votes and wrongful acceptance of one vote. The appellant, who had been declared elected, filed a recrimination petition under Section 97 of the Repres…

The dispute concerned the title to a property claimed by Govindaraju, who purchased it from descendants of Muthuswamy Moopanar, and by Mariamman, who purchased it from descendants of Veeramuthu Moopanar. The trial court and the first appellate court dismissed Mariamman's suit for declaration of title, holding that neit…

The case involved a partition suit of a joint Hindu family where a compromise decree dated 13‑Feb‑1978 allocated specific parcels of land to each party by metes and bounds, but it was not engrossed on stamp paper. A later decree dated 24‑May‑1979, executed on stamp paper, merely reproduced the earlier decree and cured …

The owners of a commercial complex leased the premises to Goyal under a registered deed that expressly prohibited sub‑letting without the landlord’s written consent. Goyal subsequently allowed two occupants to occupy parts of the premises. The owners filed an eviction petition under Section 13(2)(ii)(a) of the East Pun…

The dispute arose between two branches of the Modi family over the division of assets and companies following a 1989 Memorandum of Understanding (MOU). Clause 9 of the MOU referred any implementation disputes to the Chairman of the Industrial Finance Corporation of India (IFCI), whose decision was final and binding. Th…

The appellants, judgment‑debtors, had decrees for payment of money against the Bank of Cochin and their properties were attached with a receiver appointed. The execution court issued a warrant for their arrest and detention in civil prison under Section 51 of the Code of Civil Procedure and Order 21 Rule 37, without in…

The Coal Mines Provident Fund Commissioner (appellant) challenged a Jharkhand High Court order that upheld a suit filed by a former lower‑division clerk (respondent) who had been removed from service. The central issue was whether the Commissioner, as a public officer under Section 2(17) of the Code of Civil Procedure …

The landlady sued the tenant for arrears of rent and claimed 18% interest. The plaint was returned for defects on 20‑Jan‑2000 and was not re‑presented until 20‑July‑2005, a delay of five years and six months. The trial court awarded 6% interest for the periods 9‑Sept‑1998 to 21‑Jan‑2000 and from 21‑July‑2005 to payment…

The appellant, Abhishek Gupta, was allotted a fair‑price shop licence after the licence of respondent No.1 was revoked for breach of conditions. The revocation and its affirmation were challenged by respondent No.1 in a writ petition under Art.226, where the appellant was not impleaded. The Single Judge set aside the r…

The Madhya Pradesh Housing and Infrastructure Development Board entered into a construction contract with K.P. Dwivedi, which was later rescinded by the Board. The contractor invoked the arbitration clause, and the High Court, by consent of both parties, appointed the Housing Commissioner as arbitrator. The arbitrator …

The Commissioner of Income Tax (IT‑4) Mumbai challenged an order of the Income Tax Appellate Tribunal (ITAT) that, under Section 254(2) of the Income Tax Act, recalled its earlier 2013 order favoring the Revenue in a dispute with M/s Reliance Telecom Ltd over the taxability of software payments. The Supreme Court held …

In a partition suit, the suit property was ordered to be sold by public auction. J.S. Exim Ltd., the highest bidder, paid 25% of the bid amount by demand drafts on the auction day and the remaining 75% within the statutory period. The judgment debtor, Ram Karan Gupta, challenged the sale alleging non‑compliance with Or…

The appeal concerned the validity of a Will (Ext.83) and a Gift Deed (Ext.82) executed by the deceased Chathu in favour of his son K. Laxmanan. The appellant was required to prove the genuineness and execution of both documents under Sections 68 and 69 of the Indian Evidence Act, 1872. Because one attesting witness to …

The case concerned a dispute over whether a property in Kot Fatta, Bhatinda, was a Sikh Gurdwara and whether it belonged to the Shiromani Gurdwara Parbandhak Committee (SGPC) or to Mahant Sarna Ram, an Udasi. The Tribunal had treated petitions under Sections 8 and 10 of the Sikh Gurdwaras Act, 1925 as a composite filin…

Nagappa, a poor agriculturist who lost his right leg in a road accident, claimed compensation under the Motor Vehicles Act, 1988. The Claims Tribunal awarded a modest sum, which the Karnataka High Court later enhanced and also ordered payment for an artificial leg. Nagappa then sought to amend his claim petition to inc…

The case concerned a partition suit for 108 acres of land where the original decree holder assigned his 3/8 share to Vishnu Hari Patil, who initiated execution proceedings under Section 54 of the Code of Civil Procedure. During the pendency of the partition, the appellants purchased five fields from the original partie…

MMTC Limited entered a Long Term Agreement with Anglo American Metallurgical Coal for the supply of coking coal, but a dispute arose over the price and unlifted quantities, leading to an arbitral award in favour of Anglo. MMTC challenged the award under Section 34 of the Arbitration and Conciliation Act, which was reje…