Code of Civil Procedure, 1908

The plaintiff, M.S.S. Food Products, sued the appellants for passing off, seeking a declaration and injunction over the use of the mark "Manikchand". The trial court granted an interim ex parte injunction, later proceeded ex parte after the defendants failed to appear, closed their right to cross‑examine, heard only th…

The plaintiff filed a partition suit against his father, the Karta of a joint family, who died during the proceedings. The plaintiff's brother, Gopal Swaroop, claimed that the deceased had executed a will leaving his share to him. The trial court and a single High Court judge held that the will was duly proved, but a D…

The appellants sought enhanced solatium (30% instead of 15%) and higher interest rates (9% for the first year and 15% thereafter) under the 1984 amendment to the Land Acquisition Act, claiming that the amendment should apply to their awards which were finalized before the amendment came into force. The Supreme Court ex…

The petitioners, the Himachal Pradesh Bhakra Beas Management Board and others, challenged a High Court order that refused to condone a revision filed under Section 48 of the Himachal Pradesh Value Added Tax Act, 2005 after the 90‑day period prescribed for such revisions. The issue was whether Section 5 of the Limitatio…

The appellant Gujarat Urja Vikas Nigam Ltd. entered into a Power Purchase Agreement (PPA) with Solar Semiconductor Power Co. for a solar project, which stipulated a specific tariff and a control period ending on 28‑Jan‑2012. The respondent sought an extension of this control period, arguing that the Gujarat Electricity…

The appellant participated in a public auction of four nazul plots and deposited a Rs.3 lakh security as required by the public notice. After his bid was accepted, the State officer sent a letter imposing four "special terms and conditions" which the appellant had not been informed of earlier, and he refused to accept …

The respondent sued the appellants for a declaration of co‑ownership of a house. The appellants failed to appear, resulting in an ex‑parte decree in the respondent's favour. They later filed a recall application, which was rejected, and subsequently appealed the decision in a District Court that lacked pecuniary jurisd…

In a civil suit, an Additional District Judge passed an interim order, against which a first appeal under Order 43 Rule 1 was filed before a Single Judge of the Orissa High Court. The Single Judge delivered a judgment on 6 August 2008, and a Letters Patent Appeal (LPA) was subsequently filed against that judgment. The …

The case concerned a partnership share that was purportedly sold by an official receiver after the appellant and his mother were declared insolvent in 1977. The sale deed dated 11 March 1983 was executed based on a district court order, but later the insolvency adjudication was annulled in 1996. The High Court held tha…

The Delhi Development Authority (DDA) had allotted a plot to Sarita Vihar Club under a lease that gave DDA a pre‑emptive right to purchase and required Lieutenant Governor’s consent for any mortgage. The Club mortgaged the plot to Corporation Bank without such consent, defaulted on the loan and the Bank sought recovery…

The plaintiff, a landlord, sued the tenant for arrears of rent and eviction of a shop premises under the Assam Urban Areas Rent Control Act. The trial court held that the tenant was indeed the plaintiff's tenant but found no default in rent payment, leading to dismissal of the suit. On appeal, the first appellate court…

The Madras Bar Association challenged the constitutional validity of the National Tax Tribunal Act, 2005, which sought to transfer appellate jurisdiction from High Courts to a newly created National Tax Tribunal (NTT) for deciding substantial questions of law in tax matters. The Supreme Court held that while Parliament…

The suit concerned the partition of ancestral lands belonging to the deceased Dasabovi, who had two wives – the plaintiffs' mother (first wife) and Chowdamma (second wife). The plaintiffs claimed that their mother was lawfully married to Dasabovi and therefore entitled to a share of the property, while the defendants d…

The Karnataka State Financial Corporation (KSFC) recovered a debt from Hoysala Thermo Farmers Pvt. Ltd. and, after default, auctioned agricultural land (Sy. No.67) belonging to the managing director, G.M. Krishna. The appellant, R. Raghu, purchased the land at the auction and later obtained a sale certificate as truste…

The Board of Trustees of the Port of Mumbai (Petitioner) obtained an eviction decree against Nikhil N. Gupta and his company (Respondents) who had continued to occupy premises after a lease expired in 1952. The Supreme Court, dismissing a special leave petition, granted the Respondents one year to vacate, subject to an…

Balbir Singh sued Banwari Lal and Swaraj for ownership of a parcel of land. During the pendency of the first appeal, Banwari Lal died, and during the second appeal, Swaraj died, but no steps were taken to bring their legal representatives on record as required by Order XXII of the CPC. The Delhi High Court dismissed th…

The Vaish Aggarwal Panchayat, a society, filed a declaration suit in 2001 seeking to declare a 1998 decree and subsequent sale deed as void on grounds of fraud and collusion, after having earlier objected to the execution of that decree. The respondents, who were parties to the original 1993 suit, moved an application …

The appellants, selected as Lower Division Clerks in 1984, were appointed only in 1993 and 1996 after court orders, while similarly placed candidates (Parveen Singh and others) obtained retroactive appointments and back wages following a tribunal order and a Punjab‑Haryana High Court judgment. The appellants later soug…

The appellants filed two suits claiming ownership and possession of a one‑acre plot, asserting title through their deceased father. The respondent countered that the land had been acquired by the State under the Land Acquisition Act, 1894, in 1941, and that ownership vested in the State thereafter. The High Court allow…

The Supreme Court examined a suit for partition of ancestral land filed in 1979 by the heirs of Anandibai, who had inherited the property of a full‑owner Hindu female, Shakuntalabai, who died in 1962. The appellants argued that the suit was barred by the Limitation Act, 1963, Article 65(b) and by Order II Rule 2 of the…

The original tenant, Bomanji Irani, bequeathed his government‑owned tenancy to his wife Daulatbai, who was a residuary legatee, and the tenancy was held jointly by her and their five sons. After Daulatbai's death, the Bombay Municipal Corporation (BMC) transferred the tenancy to one son, Dinshaw Irani, based on a 1961 …

The appellant, U.P. Avas Evam Vikas Parishad, sought to acquire land belonging to the respondents and challenged the Reference Court's award of Rs.1,10,250 per bigha as compensation, up from Rs.10,250 per bigha. The Allahabad High Court dismissed the appeal summarily without reasons, invoking Order 41 Rule 11 of the CP…

The appellant and his mother filed a title suit seeking declaration and permanent injunction concerning a flat. The mother, after a High Court order in a matrimonial proceeding directing her to vacate the flat in exchange for monetary settlement, applied to delete her name from the suit. The trial court rejected this a…

The plaintiffs, owners of a property in Goa, filed a suit in the civil court for a declaration of ownership and eviction of a defendant occupying a house claimed to be mundkarial. The trial court decreed in their favour, but the heirs of the defendant challenged the decree in execution proceedings, arguing lack of juri…

The appellant filed a suit for specific performance of a sale agreement, which was decreed in his favour on 20‑01‑2012 directing him to deposit the balance consideration within two months. The decree was affirmed by the first appellate court on 21‑04‑2015, but no time‑limit for payment was stipulated. After a two‑year …

The NKGSB Cooperative Bank, a secured creditor, sought possession of a mortgaged flat after the borrowers defaulted on a loan, invoking Section 14 of the SARFAESI Act. The Chief Metropolitan Magistrate (CMM) appointed an advocate commissioner to take possession of the asset, a move upheld by several High Courts but str…

The Supreme Court examined whether Section 23 of the Travancore‑Cochin High Court Act, which provides that a Chief Justice must refer a matter to a third judge when two judges of a division bench disagree, survives the repealing provision of Section 9 of the Kerala High Court Act and whether it is a special provision t…

The appellants filed a suit for specific performance of a sale agreement against four defendants. Defendants 1 and 2, the original owners, failed to sell the property and the suit proceeded ex parte, resulting in an ex parte decree. Defendants 3 and 4 successfully set aside the decree under Order 9 Rule 13, and the tri…

The plaintiff, N.C. Bansal, filed a civil suit seeking a declaration and permanent injunction concerning a property. The trial court dismissed the suit as non‑maintainable; an appellate court remanded the matter for trial. After remand, the plaintiff filed three applications: (i) under Order 7 Rule 14 of the CPC to fil…

The appellants filed an ejectment suit under the West Bengal Tenancy Act to evict respondents Nos. 2‑5 for non‑payment of rent and other grounds. Respondent No.1, claiming co‑ownership of the suit premises, applied under Order I Rule 10(2) of the CPC to be impleaded as a co‑plaintiff. The trial court dismissed the appl…

The Special Land Acquisition Officer, KIADB, sought to acquire land under the Karnataka Industrial Areas Development Act, 1966 (KIAD Act) and issued preliminary and final notifications in 2000 and 2005. The respondents challenged the acquisition, arguing that no award under Section 11-A of the 1894 Land Acquisition Act…

The petitioner, Keshav Prasad Sharma, was tried for a criminal offence when the public prosecutor sought to implead respondents No.3‑9 as co‑accused under Section 319 of the Criminal Procedure Code. The trial court allowed the impleadment, but the Punjab & Haryana High Court set aside that order. The petitioner filed S…

The State of Madhya Pradesh sought to acquire 38.178 hectares of land in Village Sala for rehabilitation of persons displaced by the Sardar Sarovar Dam. The Land Acquisition Officer initially awarded compensation based on low market values, which the landowners challenged, leading the Reference Court to re‑determine ma…

The Gujarat Maritime Board (GMB) invited bids for ship‑breaking plots. Asiatic Steel won the bid for plot V‑10, paying an earnest money of Rs.5,00,000 on 8 Nov 1994 and the upset premium of US$1,153,000 on 22 Mar 1995. The Board failed to clear rocks from the plot, rendering it unusable. Asiatic Steel demanded a refund…

Tej Bahadur, a former Border Security Force officer dismissed in 2017, filed an election petition challenging Narendra Modi's election to the Lok Sabha from Varanasi, alleging his own nomination was wrongly rejected and the election was vitiated. He had filed two nomination papers in April 2019 but failed to attach the…

Mahanagar Telephone Nigam Ltd. appealed a Delhi High Court order that had held the Code of Civil Procedure (CPC) applicable to an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 and had entertained a cross‑objection under Order XLII Rule 22 CPC. The Supreme Court examined whether the 1996 Act is a…

International Seaport Dredging Pvt Ltd entered into a dredging contract with Kamarajar Port Limited, a statutory undertaking, which later gave rise to disputes and arbitration. The arbitral tribunal awarded the appellant approximately Rs 21.07 crore with interest and costs, and the respondent sought correction under s.…

The appellant, Ram Avatar Soni, challenged the probate of a Will dated 12 March 1989 allegedly executed by Mahanta Natabar Das (MND) in favour of the first respondent, Mahanta Laxmidhar Das, alleging the Will was fraudulent and the signature forged. He filed an application under Order XXVI Rule 10A of the CPC seeking t…

Life Insurance Corporation of India (LIC) filed a suit in 1986 for specific performance of a sale agreement. In 2014, Kedia Construction Company (respondent No.3) filed a Chamber Summons seeking to be impleaded as Plaintiff No.3, claiming assignment of the original plaintiff's interest, and the Bombay High Court allowe…

The Kolkata Metropolitan Development Authority (KMDA) appealed against a Division Bench order that quashed its acquisition of a flat requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. The property had been under requisition since 1979 and the High Court, in 1993, directed the Land Acquisi…

Dr. Kunal Saha filed a consumer complaint after his wife died while being treated for toxic epidermal necrolysis at AMRI Hospital. The National Consumer Disputes Redressal Commission held the hospital and four doctors negligent but reduced the claim, deducted 10% for alleged contributory negligence and awarded only Rs.…

The appellants, descendants of original Portuguese "Alvara" holders in Dadra and Nagar Haveli, claimed perpetual lease rights over agricultural lands granted under the Organizacao Agraria (OA). The Collector rescinded these grants on 30 April 1974 invoking Article 12 of the OA for non‑cultivation, leading to a protract…

The appellants filed a regular first appeal under Section 96 of the CPC against a trial court decree. The High Court of Karnataka set aside and modified the decree but did so without framing points for determination, without discussing the factual and legal issues, and without providing adequate reasons, rendering its …

The appellant, a leaseholder of a Delhi parcel, obtained a decree for possession against the Municipal Corporation of Delhi (MCD) after the lease expired. While attempting to execute the decree, the MCD resisted, citing encroachment and pending land‑acquisition proceedings, leading the Executing Court to declare the de…

The appellant SEPCO, a Chinese corporation, was awarded a large arbitration award in favour of the Indian respondent Power Mech Projects. The High Court, under Section 9 of the Arbitration Act, directed SEPCO to furnish a Rs 30 crore bank guarantee from a "scheduled bank located in India". SEPCO complied by obtaining a…

The appellants were served with show‑cause notices alleging encroachment on land forming part of a National Highway. The notices were issued under Section 28(2)(iii) of the Tamil Nadu State Highway Act, 2001 and were said to be backed by a notification issued under Section 5 of the National Highways Act, 1956. The appe…

Anurag Mittal obtained a decree of divorce from Rachna Aggarwal in 2009 and appealed against it, obtaining a stay. The parties later settled, and Mittal filed an application to withdraw the appeal on 28 November 2011, which was deemed withdrawn on that date. He married Shaily Mishra Mittal on 6 December 2011, before th…

The plaintiff, represented by his legal heirs, sued the defendants for ownership and possession of agricultural land, claiming inheritance rights, while the defendants relied on a will. The trial court granted only symbolic possession to the plaintiff, and both parties appealed. The High Court dismissed the plaintiff's…

The original suit (Civil Suit No.3 A/02) was decreed in favour of the plaintiff, Govind Singh, on 1 October 2005. The defendants, Raheem Shah and another, filed a regular first appeal under Section 96 of the CPC but did so 52 days after the decree, prompting an application under Section 5 of the Limitation Act for cond…

Bhima Rao Baswanth Rao Patil, a successful Lok Sabha candidate, was challenged by K. Madan Mohan Rao through an election petition under Sections 81 and 84 of the Representation of the People Act, 1951, alleging false information, non‑disclosure of pending criminal cases and convictions, and non‑compliance with Election…

Havildar Ashok Kumar completed 24 years of service in the Indian Army and was granted a two‑year extension. During the extension he suffered a stroke, was classified as SHAPE‑3 with 80% disability and was discharged. He was awarded a disability pension under Regulation 173‑A of the Army Pension Regulations, 1961, but s…

The case concerned the succession to the offices of Sajjadah Nashin and Mutawalli of a Dargah governed by a Zabta (constitution). The fourth Sajjadah Nashin, Nurul Hasan, nominated his grandson (the daughter’s son) Gulam Naseer as his successor. The appellant challenged the nomination, arguing that the Zabta required t…

Randhir Kaur filed a suit for specific performance of a 2004 agreement to sell 193 kanals 18 marlas of land, having paid earnest money of Rs.13.5 lakh through her son Dhanwant Singh. The trial court decreed specific performance, but the High Court, in a second appeal under Section 41 of the Punjab Courts Act, set aside…

Zorawar Singh owned immovable property in Delhi and executed a will (1985) and codicil (1995) bequeathing it to the parties. After his death, the respondents filed a suit for declaration and permanent injunction concerning the will, while the appellant filed a suit for natural succession. The Delhi High Court held that…

The appellant partnership firm owned 249.60 bighas of land that was slated for acquisition by the State of Rajasthan for the benefit of the respondent company. An agreement dated 01.02.1980 provided that about 145 bighas would be sold to the respondent, with the price to be fixed by arbitration. The sole arbitrator fix…

The plaintiffs filed a suit claiming ownership of several properties on the basis of a Will dated 20‑05‑1991 executed by the deceased Sri Sangappa and sought to declare a trust created by the defendants void. The defendants challenged the genuineness of the Will, pointing to numerous irregularities such as the use of d…

The borrower defaulted on a loan secured by a mortgage offered by the guarantor, leading State Bank of India to initiate SARFAESI proceedings and eventually auction the secured assets, which were purchased by Tripower Enterprises. The bank sought the return of original title documents deposited with the Debt Recovery T…

The plaintiffs alleged that the defendants had entered into an agreement to sell a Delhi property and associated business for Rs 55.50 crore, receiving Rs 5 crore as part consideration, and sued for specific performance. The defendants contested the agreement, claiming the document was forged, the signatures on pages 3…

Balaji Singh filed a suit for declaration of title and permanent injunction which was dismissed by the trial court. On appeal, the first appellate court allowed him to file additional evidence under Order 41 Rule 27, set aside the trial court decree and remanded the case to the trial court for a fresh trial, invoking O…

The plaintiffs entered into a written agreement of sale on 2 July 1973 for a property, with performance fixed for 2 December 1973. The defendants sought extensions, the last of which expired on 1 February 1977. The plaintiffs filed a suit for specific performance on 29 April 1994, and the defendants moved to dismiss it…

The appellants claimed ownership of a 3.34‑acre parcel of land in Kurnool district, asserting that it was a patta land acquired by a registered sale deed in 1970 and that they had been in uninterrupted possession for over twenty years. The State argued that the land was an assigned government land, subject to a non‑ali…

Md Misher Ali was alleged by the Assam police to be an illegal migrant from Bangladesh who entered India after 24 March 1971. The police referred him to the Foreigner's Tribunal, which served notice by hanging it at his temporary address in Sivasagar, despite his permanent residence being in Dhubri, and subsequently de…

The plaintiff, Chandervir Singh Negi, filed a suit in 2003 seeking a declaration, mandatory injunction and direction to the State of Himachal Pradesh to complete land acquisition for a road constructed on his land in 1987, alleging no compensation and damage to fruit trees. The trial court held the suit barred by limit…

The plaintiff obtained an ex‑parte decree for specific performance of an agreement to sell land, directing him to pay the balance consideration of Rs 15,00,000 within two weeks, which he failed to do. After a delay of 853 days, the plaintiff sought an extension of time under CPC 148 and Section 28 of the Specific Relie…

The appellant filed a writ petition (Writ Petition No.8606 of 2010) challenging a Tiruchirappalli City Municipal Corporation order concerning a pathway. The High Court discarded a survey report and ruled in favour of the respondents on 03.03.2017. The respondents then filed a review petition under Order 47 Rule 1 of th…

The original plaintiff, Lanka Venkateswarlu, filed a suit for title and injunction which was appealed after his death in 1990. The High Court ordered the government pleader to bring the legal heirs on record within a week, failing which the appeal would be dismissed. The appeal was dismissed on 6 February 1998 for non‑…

The petitioners filed a suit for declaration in 1982 alleging that their father had illegally sold family property in 1980. The suit was dismissed for default because the petitioners failed to pay the process fee for serving notice, and subsequent applications for restoration of the suit and the revision petition were …

Kuldeep Singh Pathania, who lost a 2012 Himachal Pradesh Legislative Assembly election, filed an election petition under Section 100(1)(d)(iii) of the Representation of the People Act, 1951 alleging irregularities in voting and postal ballots. The Himachal Pradesh High Court dismissed the petition on preliminary ground…

The appellants filed a suit for permanent injunction in 2004 describing the suit property as Survey No.192/9. During the trial they discovered that the respondents had transferred the patta and executed an Inam Settlement Deed referring to the same land as Survey No.192/14, creating a confusion about the identity of th…

The dispute arose from a Facilitation Deed containing an arbitration clause (Clause 9) that required disputes to be referred to ICC arbitration in Singapore. The respondent rescinded the deed alleging fraud and sought a temporary injunction restraining the arbitration. The Bombay High Court granted the injunction, hold…

The appellant Kalyan Singh Chouhan, declared elected by a margin of one vote in the Rajasthan Legislative Assembly election, challenged the High Court's order rejecting his application to summon all ten tendered votes, arguing that the entire set should be examined to prevent miscarriage of justice. The respondent C.P.…

The Union of India, as the owner of land covered by an Old Grant, issued a notice to resume a 3.398‑acre property in Landour Cantonment occupied by Vijay Krishna Uniyal, who sued for a permanent injunction claiming ownership based on a 1980 sale deed and long possession. The trial court, the first appellate court and t…

The plaintiff purchased a plot from a housing cooperative society by a registered sale deed dated 29‑12‑1981 and was placed in possession. The defendant later encroached on the land and erected a hut, prompting the plaintiff to sue for possession and mesne profits. The trial court and first appellate court dismissed th…

The appellant, a farmer, challenged the acquisition of his agricultural land by the State of Haryana, alleging that the statutory notices under the Land Acquisition Act, 1894 were not properly published, he was denied a hearing, and that possession of his land was never actually taken because crops were standing at the…

The case concerned a dispute over the demarcation of a Wakf estate created by a 1936 deed, which divided the property into 75% for the descendants (Wakf‑al‑al‑aulad) and 25% for religious purposes. A suit for demarcation was filed in the Calcutta High Court, which held that the demarcation was incorrect and that the Wa…

The appellant, GLAS Trust Company LLC, a financial creditor of Think & Learn Pvt Ltd (the corporate debtor), challenged the National Company Law Appellate Tribunal's (NCLAT) approval of a settlement between the corporate debtor and the Board of Control for Cricket in India (BCCI) and the setting aside of the NCLT order…

The case concerned a 2.72‑acre property originally owned by two brothers, which was partitioned in 1912 giving each brother a 50% share. The plaintiffs, descendants of one brother, claim ownership of the 1.36‑acre "A Schedule" share, while the defendant’s father purchased the other 1.36‑acre share in a 1933 court aucti…

The Transmission Corporation of Andhra Pradesh Ltd. (appellant) awarded contracts to Equipment Conductors and Cables Ltd. (respondent) which led to arbitration where claims on invoices 1‑57 were held time‑barred and no award was made. The respondent unsuccessfully sought execution of those amounts, then issued a Sectio…

The appellant, a borrower, defaulted on a loan from The Federal Bank and the bank classified the loan as a Non‑Performing Asset, invoking SARFAESI provisions. The High Court ordered the appellant to pay Rs.2 crore immediately and the balance in twelve instalments, which the appellant challenged by a Special Leave Petit…

The case involved an Admiralty suit filed by Banque Cantonale de Geneve against the owners of the vessel M.V. Polaris Galaxy for alleged mis‑delivery of cargo. The Commercial Division of the Madras High Court, exercising its power under Order 1 Rule 10(2) of the CPC, added Gulf Petroleum FZC as a necessary party. The a…

The Jamia Masjid Gubbi filed a suit seeking a declaration that the State Wakf Board owned a specific property, possession, an injunction and mesne profits. Defendants argued that the suit was barred by res judicata, relying on three earlier suits concerning the same property. The Supreme Court examined whether the earl…

The petitioners, original landowners of two parcels acquired in 1976 for the NOIDA project, challenged the compensation awarded by the Reference Courts (Rs 4.628 and Rs 6 per square yard) and sought enhancement to Rs 297 per square yard, relying on the High Court's decision in Mangu v. State of U.P. and the earlier jud…

The appellants, sons of the deceased donor, claimed that a property gifted by their father to the respondent was ancestral and that the donor lacked authority to execute the gift deed, alleging the deed was forged. The trial court held the property ancestral, a view affirmed by the first appellate court, but the Gujara…

Canara Nidhi Ltd. advanced a Rs.50 lakh loan secured by mortgage and a demand promissory note, which the borrower M. Shashikala failed to repay, leading to an arbitral award of Rs.63.82 lakh. Shashikala filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award and sought…

Sharadamma filed a suit in 1998 for declaration of title and restoration of possession of a property. The suit was dismissed in 1990 and she appealed. During the pendency of the appeal, she assigned her interest to her daughter Padmavathi, who subsequently sold the property to G.R. Ramesh. The Karnataka High Court dism…

Kanwar Singh Saini appealed against a conviction for criminal contempt by the Delhi High Court for allegedly breaching an undertaking given in a civil suit that resulted in a decree granting a permanent injunction. The Supreme Court held that an application under Order XXXIX Rule 2A of the CPC is only available during …

The dispute arose when M/s OM Gurusai Construction Company (appellant) submitted the additional performance security for a water resources project two days later than the two‑working‑day deadline stipulated in Clause 2.22.0(ix) of the tender, due to a nationwide strike by employees of nationalised banks on the prescrib…

The appellant, a returned candidate to the Manipur Legislative Assembly, was challenged by the unsuccessful candidate who filed an election petition alleging corrupt practices, including non‑disclosure of a financial transaction. The appellant moved applications under Order 7 Rule 11 of the CPC and Section 86 of the Re…

The appellants (defendants) challenged a summary dismissal of their second appeal by the Calcutta High Court, which had been filed against a decree granting partition to the plaintiffs. The High Court dismissed the appeal under Order 41 Rule 11 without stating facts, the parties' submissions, or reasons, and without id…

The appellant, a returned MLA, challenged an election petition alleging corrupt practices and excess expenditure under the Representation of the People Act, 1951. He filed an application under Order VI Rule 16 of the CPC seeking to strike out several paragraphs of the petition as frivolous, scandalous or vexatious. The…

The dispute concerned ownership of a 2‑18‑10 bigha parcel of land in NOIDA, jointly purchased in 1997 by Reddy, Sudhakar and Vishnu. Reddy later sought to establish sole ownership by filing separate suits and a writ petition, suppressing the earlier joint‑ownership litigation, and obtained a High Court order declaring …

The Union of India and Safdarjung Hospital appealed against the National Consumer Disputes Redressal Commission’s (NCDRC) order that held Safdarjung Hospital liable for medical negligence and directed payment of Rs.2 lakh compensation to the complainant. The complaint arose from the death of a premature baby who was re…

The appellant sought specific performance of a sale agreement and obtained a decree from the trial court directing the respondent to execute the sale deed within two months of depositing the balance consideration. Both parties appealed; the appellate court affirmed the trial court decree, effecting a merger of the two …

The DAV College Managing Committee, holder of a registered trademark for "DAV" and "Dayanand Anglo Vedic", filed four suits in the Delhi District Court under Section 134 of the Trade Marks Act, 1999 against several schools in Chennai that were using the same mark. The Chennai schools filed transfer petitions under Sect…

The appellant, a grandson of the original defendant, was impleaded as a legal heir in execution proceedings after the original defendant died. He later filed an interlocutory application under Order I Rule 10 seeking deletion of his name, claiming he was not a legal heir and that he enjoyed tenancy rights under Section…

The dispute arose from a Coal India notification dated 19‑12‑2017 imposing Evacuation Facility Charges (EFC) on coal dispatches, which the power generator (Adani Power Rajasthan Ltd.) claimed constituted a "change in law" under the Power Purchase Agreement (PPA) with the Rajasthan distribution companies. The generator …

The appellants and respondents were embroiled in a series of suits and appeals concerning a sale deed of land and the validity of a mutation register entry. The trial court dismissed the plaint on the ground of rejection under Order VII Rule 11, and subsequently, the respondents sought production of the mutation regist…

The appellant, Sakina Sultanali Sunesara, challenged two consent decrees arising from compromises in suits concerning disputed land, alleging she had no notice of the compromises and that they were procured by fraud. She filed applications under Order XLIII Rule 1‑A to set aside the decrees, while the respondents argue…

The plaintiffs, heirs of Dr. Karam Chand, sued the appellants for cancellation of two 1992 sale deeds and recovery of possession of a family house, alleging that the deeds were void because the vendor, Ramesh Chand, had no title and that a will favouring the plaintiffs had been admitted in earlier suits. The trial cour…

The Globe Ground India Employees Union raised an industrial dispute alleging that Globe Ground India Pvt Ltd, a subsidiary of Lufthansa German Airlines, closed its establishment and retrenched 106 workers. The union sought to implead Lufthansa, claiming it was the holding company and therefore a necessary and proper pa…

The appellants challenged a Calcutta High Court judgment in a second appeal concerning a land title dispute, alleging that the High Court failed to frame the substantial question of law at the time of admitting the appeal under Section 100 of the CPC. The Supreme Court examined whether such an omission invalidates the …

The Union of India filed a review petition challenging the Supreme Court’s judgment in Sandur Manganese & Iron Ores Ltd. v. State of Karnataka, alleging that it was not given a chance to be heard because the special leave petition was not served and that the judgment misquoted the Expert Committee’s report. The petitio…

The plaintiff filed a partition suit claiming a 13‑acre property as joint family property and the defendants, though served with summons and represented by counsel, never filed a written statement. The trial court, relying solely on the plaintiff’s affidavit and documents, passed an ex‑parte decree granting the plainti…

The Supreme Court examined an application filed by Unitech Limited seeking restitution of Rs. 98.07 crore that had been paid to Shri Naresh Kempanna and Col. Mohinder Khaira under an earlier order directing distribution of sale proceeds from a land transaction with M/s Devas Global Services LLP. Unitech argued that it …

The plaintiff initially approached the Revenue Authority under Section 250 of the Madhya Pradesh Land Revenue Code (MPLRC) seeking relief, but the respondents objected that the authority lacked jurisdiction because the dispute concerned title, leading the Tehsildar to dismiss the application. While that appeal was pend…

The father of the parties, a self‑acquired owner of a house and a shop, decided to divide his property on 25‑Oct‑1992 but died on 10‑Sep‑1993. The surviving brothers recorded a memorandum of settlement on 9‑Sep‑1994, signed by their mother and sisters, allocating the entire property between them. The plaintiff sued for…

Manti Devi and her son filed an eviction suit in the Munsif Court seeking possession of two katras on the ground of personal necessity, claiming to be landlords after purchasing the property. The trial court decreed eviction in their favour. The tenants appealed to the High Court in revision, which set aside the decree…

Millenium Wires Ltd. and State Trading Corporation of India entered into an agreement to import copper wire rods from the Synergic companies, opening four letters of credit (LCs) with Allahabad Bank as the issuing bank and Malayn Bank, Malaysia as the confirming bank. After the confirming bank released payments to the …

The dispute concerned the All India Anna Dravida Munnetra Kazhagam (AIADMK) party's internal governance after the death of its General Secretary, when the party shifted to a joint leadership of a Co‑ordinator and Joint Co‑ordinator. A requisition by over 80% of General Council members led to a meeting on 11 July 2022, …

The dispute concerned a property waqfed in 1940 by Swami Satya Dev to Respondent No.2 (Prachaarini Sabha) for the purpose of promoting Hindi language, establishing a library and other charitable activities, subject to conditions prohibiting sale or mortgage. The appellants, interested in ensuring the purpose of the waq…

Dheeraj Developers Private Limited filed a suit for specific performance of a sale deed of land against Dr. Om Prakash Gupta and others. The trial court dismissed the suit, but the High Court reversed the decision, granting specific performance solely on the basis that Exhibit P‑1, the alleged agreement, was genuine. T…

The appellant and respondent were involved in two parallel suits concerning the same property, which were consolidated by the trial court. During the trial of one suit, a witness (PW‑I) was examined and the evidence was closed. After consolidation, the respondent filed an application under Order 18 Rule 17 of the CPC, …

In a land acquisition proceeding, the government paid compensation by issuing cheques to four owners, two of which remained uncollected and were subsequently deposited in the State's revenue account and utilized. The owners filed an execution application seeking the balance amount and interest, arguing that under Secti…

Narata Singh, a former work‑charged employee of various Punjab State departments (Irrigation & Power, Bhakra Dam, Beas Dam) from 1952 to 1978, was retrenched and later joined the Punjab State Electricity Board (PSEB) as a work‑charged employee in 1982, regularised in 1984 and retired in 1990. He sought to have his earl…

M/s Shanti Conductors entered supply contracts with Assam State Electricity Board before the Interest on Delayed Payment to Small Scale Ancillary Industrial Undertakings Act, 1993 came into force, but the supplies were completed after the Act's commencement. The Supreme Court held that the Act applies to any supply mad…

The plaintiffs, a group of brothers and their wives, sued the defendants, their brothers and sons, to cancel a sale deed and obtain a permanent injunction after the defendants allegedly transferred the jointly owned property to a son for a nominal consideration using a power of attorney that was not intended for sale. …

The dispute concerned a house originally owned by Shri Kashirao Deshmukh, who died leaving his wife Smt. Shevantabai. The wife executed a gift deed in 1981 transferring the property to the appellant. The defendants produced a 1976 Will of the deceased, claiming it gave the wife only a life estate, rendering the gift de…

The State Bank of India (SBI) sued Gracure Pharmaceuticals Ltd. for recovery of dues arising from letters of credit, while Gracure filed a separate suit for damages alleging wrongful withdrawal of credit facilities. The two suits were filed within two months of each other, and SBI moved to dismiss the damages suit unde…

The appellant, V. Nagarajan, challenged an order of the National Company Law Tribunal (NCLT) dated 31 December 2019 that dismissed his application for interim relief in a liquidation proceeding. He filed an appeal before the National Company Law Appellate Tribunal (NCLAT) on 8 June 2020, relying on a free certified cop…

Ucchab Lal Chhanwal, a Rajasthan Police Service officer, was penalised with a censure in 1992 which barred his promotion for the 1996‑97 vacancy. He filed a writ petition seeking quash of the penalty and promotion. The High Court set aside the censure and ordered his promotion, but the Division Bench later set aside th…

Daiichi Sankyo Co. Ltd sought enforcement of a Singapore arbitral award of about INR 2,562 crore against 20 respondents, including Oscar Investments Ltd and the Singh brothers. The Supreme Court examined whether the Singh brothers (contemnors 9 and 10) had willfully violated multiple orders and undertakings of the Delh…

Hindustan Petroleum Corporation Ltd. (the appellant) owned two adjacent plots, 4/4 and 4/5, in Azadpur, Delhi, and operated petrol stations on both. Ajay Bhatia (the respondent) filed a suit seeking possession and mesne profits for Plot 4/4 after the lease expired in 2003. The trial court decreed possession of Plot 4/4…

The appellant, Chandrabhan, was adopted by his paternal uncle Baliram at age 14 under customary rites. After Baliram's death, Chandrabhan claimed ownership of the uncle's property, which his first wife Champabai was later gifted. Chandrabhan filed a suit for declaration of ownership; the trial court dismissed it, but t…

The Kutchi Lal Rameshwarsram Trust and Anna Kshetra Trust claimed ownership of land in Haridwar, asserting that it had been held by the trust for over forty‑five years based on a will and a declaration by the original purchaser, Mohan Lal. The Collector, Haridwar, on a complaint that Mohan Lal had died without heirs, i…

Golden Chariot Airport held a licence to operate a restaurant at Mumbai Airport, which was initially for three years and later extended twice. The licence holder claimed the licence was irrevocable based on alleged oral assurances and sought to prevent eviction after the licence expired. The Supreme Court held that the…

The appellant, Tankadhar Tripathy, was elected from the Jharsuguda Assembly Constituency, after which the respondent, Dipali Das, filed an election petition alleging corrupt practices and EVM irregularities. The appellant challenged the petition's maintainability, arguing that the petition lacked a Form 25 affidavit as…

The trial court decreed specific performance of a sale agreement between the plaintiffs and the defendant. The defendant appealed and, during the pendency of the appeal, filed an application under Order XLI Rule 27(1) of the CPC to lead additional documentary evidence. The High Court admitted this evidence without firs…

The appellant (buyer) entered into a sale agreement where the seller was obliged to conduct a survey of the land before payment was due. The seller failed to conduct the survey, prompting the buyer to sue for specific performance. The trial court and the first appellate court both decreed specific performance, finding …

The dispute arose from a civil suit concerning the partition of ancestral land, which led to a decree directing the Tahsildar to mutate the name of the first respondent in revenue records. The Tahsildar failed to comply, prompting a contempt petition that was initially allowed by a Single Judge but later set aside by a…

The appellants, a group of flat buyers, filed a consumer complaint against the developer, M/s S.J.R. Prime Corporation, alleging delayed possession and various charges. The NCDRC ordered the developer to pay delayed compensation and to construct promised amenities, but the developer had previously been declared by the …

The election for the 9th Manipur Legislative Assembly was won by MD Alauddin Khan by a margin of two votes over Karam Thamarjit Singh, who filed an election petition under Section 100(1)(d)(iii) alleging impersonation of dead voters in certain polling stations and seeking a recount and declaration of the election as vo…

Vinod Infra Developers Ltd., the owner of agricultural land, sued Mahaveer Lunia and others for declaration, possession and injunction after the respondents executed sale deeds despite the appellant's revocation of a power of attorney and board resolution. The respondents filed an Order VII Rule 11 application seeking …

The appellant, the daughter of Badami, challenged a 1973 decree that had been obtained through a purported family settlement in which Badami allegedly transferred her entire share of ancestral land to Bhali. The trial court had passed the decree within three days of filing, without proper examination of admissions, and…

The dispute concerned whether a 7‑acre suit property, purchased by Defendant No.1 from his brother after a 1986 partition of the joint Hindu family, was ancestral or self‑acquired. The plaintiffs (sons and daughters of Defendant No.1) sued for partition and possession, claiming the property remained ancestral because i…

The appellant filed a civil suit in 1987 seeking cancellation of a sale deed, but the respondents repeatedly obtained adjournments and were eventually set ex parte, leading to a decree in 1991. The respondents later filed applications under Order IX Rule 13 and the Limitation Act, which were dismissed, and their subseq…

The petition arose from a series of suits concerning a land dispute in Chhattisgarh, where the original plaintiffs' father filed a suit that was dismissed under Order IX Rule 2 of the CPC and a subsequent application for restoration under Order IX Rule 4 was also rejected. The plaintiffs then instituted a fresh suit on…

The dispute involved multiple claims over the same property, with the original plaintiff seeking specific performance of an agreement to sell and the appellant (original defendant No.8) seeking to be impleaded as a defendant under Order 1 Rule 10 of the CPC. The trial court allowed the appellant’s impleadment, but the …

The plaintiff Rehan Ahmed sued Ghulam Mohiuddin (Defendant No.1) and his brother Saeeduddin (Defendant No.2) for specific performance of a 1967 agreement to sell a house and shops in Jaipur. While the suit was pending, the parties entered into a compromise in 1978, which was later verified by the trial court and a decr…

The appellant, M/s Oriental Structural Engineers Pvt. Ltd., was contracted by the State of Kerala to upgrade two highway stretches. The contract contained a clause (60.8) providing for interest on delayed payments, but the rate for local‑currency interest was left blank in the bid appendix. The arbitral tribunal awarde…

The case arose from a protracted dispute over a one‑acre property in Bengaluru that had been sold multiple times, leading to conflicting claims and a series of suits for declaration, possession, and execution. The decree‑holders obtained a decree for possession, but the judgment debtors and subsequent purchasers repeat…

The appellant, Indian Oil Corporation Ltd., challenged demand notices for interest on entry tax levied under the Uttar Pradesh Tax on Entry of Goods into Local Areas Act, 2007, arguing that the Act contained no substantive provision for interest and that the High Court’s dismissal of its writ petition was barred by res…

Amar Nath filed a suit for possession of agricultural land, alleging that the order of the Consolidation Officer dated 14‑02‑1970 was obtained by fraud and that he was entitled to a half‑share as the son of Vaij Nath. The trial court dismissed the suit, holding it barred by the Uttar Pradesh Zamindari Abolition and Lan…

The case concerned promotion of Section Officers/Junior Engineers to the post of Assistant Engineer in the Pondicherry Public Works Department under the 1965 Recruitment Rules. The Supreme Court examined whether its earlier decision in N. Suresh Nathan & Ors. v. Union of India bound courts on the method of considering …

Bloomberg Television Production Services India Private Limited and others sought an ex parte ad interim injunction to compel Zee Entertainment Enterprises Limited to remove a February 2024 article alleged to be defamatory. The trial judge granted the injunction on the basis of a brief reference to prior cases, without …

The Agricultural Produce Marketing Committee (APMC) appealed against the Karnataka High Court’s judgment that the land acquisition proceedings for its mega‑market project had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The…

The decree dated 7 August 1969 in a title suit was executed in 2009. The State of West Bengal raised objections under Section 47 of the CPC in 2010 and again in 2011, both of which were dismissed. The State later filed a civil revision challenging the 2010 order and sought condonation of delay under Section 5 of the Li…

Heera Traders and another appealed against a decree of eviction passed by the trial court under the Madhya Pradesh Accommodation Control Act, 1961. The landlord, Kamla Jain, sought possession of non‑residential premises and mesne profits, while the tenants argued that Section 13 of the Act, which obliges a tenant to de…

The respondent filed a recovery suit against the appellant for Rs 4,35,250.18. After the evidence was closed and final arguments were heard, the appellant filed two applications – one under Order VII Rule 14 read with Section 151 CPC to produce certain bills, and another under Order XVIII Rule 17 read with Section 151 …

The appellant, a construction contractor, was sued by the respondent for a sum of Rs.4,35,250.18. After the trial court heard arguments and reserved judgment, the appellant filed two applications—one under Order VII Rule 14 read with Section 151 of the CPC to produce certain bills, and another under Order XVIII Rule 17…

The appellants filed a partition suit and the respondents later applied under Order XVI Rule 1(1) and (2) read with Section 151 of the CPC to file a list of witnesses, naming the appellants' advocate, N.R. Karnath, as a witness. The trial court allowed the list but rejected the request to summon the advocate because no…

The appeal concerned whether a writ petition under Article 226 of the Constitution can be filed against an order of the Micro and Small Enterprises Facilitation Council (MSEFC) made under Section 18 of the MSMED Act, 2006, and if so, under what circumstances. The Supreme Court examined earlier conflicting judgments, no…

The appellant, Varadarajan, sought to execute a decree in favour of the deceased decree‑holder Umadevi by filing an application as her legal representative under a Will. The Executing Court allowed the application, but the High Court, in revision under Section 115 of the CPC, set aside that order on the ground that the…

Bussa Overseas & Properties Ltd. sought a refund of excess provisional customs duty under Section 18(2) of the Customs Act, 1962. The customs authority directed the claim to be made under Section 27(2) and the appellants contested this, filing a writ petition. The High Court dismissed the writ and, on review, rejected …

The respondents instituted a suit under Section 92 of the Code of Civil Procedure (CPC) before the District Court in Tamil Nadu, seeking relief concerning a public trust. The appellants argued that a 1960 notification empowering Subordinate Courts under Section 92 removed the District Court's jurisdiction, relying on a…

The buyer sued the sellers for specific performance of a 2005 agreement for sale of land and a tenanted building. The trial court dismissed the suit, finding the buyer was not ready and willing to pay the balance price, while the High Court reversed that decision, holding that time was not of the essence and granting s…

The appellant, a businessman, was ordered to repay Rs.45,00,000 borrowed from the respondent, but failed to do so, leading to an ex‑parte decree in the respondent's suit. The appellant first sought to set aside the decree via an application under Order IX Rule 13 CPC, which was dismissed, and later filed a first appeal…

The Haryana Wakf Board filed a civil suit in 2000 seeking possession of land it claimed was Wakf property. The trial court ruled in favor of the Board, but the Additional District Judge held that the question of whether the land was Wakf property fell within the exclusive jurisdiction of the Wakf Tribunal under Section…

The appellants filed a civil application under Article 227 before the Gujarat High Court, which was orally dismissed on 1 March 2023 without the judge indicating that reasons would follow. More than a year later, a detailed reasoned order dated 1 March 2023 was uploaded, having actually been prepared on 12 April 2024 a…

The appellants, Vaishno Devi Construction and others, claimed to be assignees of a decree holder (the late S.N. Kanungo) and sought execution of arbitration awards turned into decrees under Order XXI Rule 16 of the CPC. The dispute turned on whether the Explanation added to Order XXI Rule 16 by the 1976 Amendment Act, …

The appellant Suresh Ramteke sought specific performance of a sale deed against the respondents Sumanbai Petkar, alleging that the respondents failed to execute the deed despite his readiness and payment of consideration. The trial court and the first appellate court upheld the appellant's claim, finding that the respo…

The plaintiffs, heirs of some original partners of the partnership firm ‘Soorajmull Nagarmull’, filed a suit seeking declaration of entitlement to the firm’s assets, representation before authorities, injunctions, and dissolution of the firm. The defendants, heirs of the remaining original partners, contended that the …

The appellants filed a title suit seeking declaration of ownership and possession of land, which the trial court decreed in their favour. The respondents appealed, and the High Court, in a second appeal, framed four additional substantial questions of law that were not raised before the trial or appellate courts, and d…

The State Project Director, UP Education for All Project Board appealed a Division Bench order of the Allahabad High Court that upheld a Single Judge's decision without providing any reasons. The Division Bench merely stated its agreement with the Single Judge and failed to consider several Government Orders and submis…

The owners of certain land executed an agreement to sell to a housing society and also a General Power of Attorney (GPA) authorising the society's officers to sell the property. Sale deeds in favour of the appellants were later executed under the GPA. The respondents filed suits seeking cancellation of the agreement to…

The dispute concerned two ancestral lands in Goa, "M" and "B", originally owned by the grandfather of brothers Suriaji and Gones. A 1915 sale deed conveyed portions of the lands to Suriaji, with an accompanying 1919 settlement deed stating that Suriaji had paid half the price on behalf of Gones and would transfer Gones…

The dispute arose from an arbitral award dated 20 July 1984 under the Arbitration Act, 1940, which was made a rule of the court and later reduced in interest rate. The appellant sought execution of the award, and the State (respondent) deposited Rs 75,65,945, after which the executing court ordered the State to deposit…

An arbitral award dated 20 July 1984, made a rule of the court in 1986, was being executed when the State of Uttar Pradesh deposited Rs 75,65,945 and was later directed by the executing court to deposit an additional Rs 1,25,16,969.56, which the State objected to. The State filed a civil revision, and the High Court, i…

The appellant, a developer, was ordered by the Bombay High Court to hand over eight flats and sixteen parking spaces to the plaintiff under a settlement agreement between the plaintiff and another respondent, even though the appellant had no direct contract with the plaintiff. The appellant challenged the High Court's …

Sejal Glass Ltd. filed a civil suit seeking a money decree and recovery of TDS from Navilan Merchants Pvt. Ltd. and its directors. The defendants moved an application under Order VII Rule 11 of the CPC, claiming the plaint disclosed no cause of action against the directors and seeking bifurcation of the suit. The trial…

The Supreme Court examined a dispute arising from a money decree that was later set aside, where Citibank N.A. had received 9% IRFC bonds worth Rs.50 crore from Canbank Financial Services Ltd. (Canfina) and subsequently sold them in the market. The issue was how to calculate the restitution amount under Section 144 of …

The Delhi High Court entertained a suit for specific performance of an agreement dated 13‑9‑1988 and restrained the vendor from alienating the property. The vendor later sold the suit property to six companies (the appellants) who, in turn, sold it to Bhagwati Developers, all in violation of the injunction. The appella…

The appellant filed an appeal in the Delhi High Court but, due to a clerical error, the vakalatnama of his new counsel was not filed and no lawyer appeared for either party at the final hearing. Despite the absence of representation, the High Court examined the merits of the case and dismissed the appeal. The appellant…

The dispute concerned the ownership of a 4‑acre 16‑gunta plot in Dasnapur village, claimed by the second wife of the deceased Metpalli Rajanna (Lasum Bai) under a registered Will dated 24 July 1974 and an oral family settlement. The trial court held that the Will was genuine, that it allocated a specific share to Lasum…

The appellant, who held a power of attorney for his mother, was prosecuting a suit filed by her for declaration and injunction. After the mother’s death, the appellant applied to be substituted as the legal representative of the deceased plaintiff, asserting his right as a son and citing a registered will in his favour…

The plaintiff obtained an ex‑parte decree for specific performance of a 1995 agreement. The defendant filed an application under Order IX Rule 13 CPC to set aside the decree, but it was dismissed in default and the defendant died shortly thereafter. The legal heirs filed a restoration application under Order IX Rule 9 …

The Supreme Court considered a dispute arising from a BOT concession agreement for the Bharatpur bypass road, where the contractor claimed entitlement to tolls and compensation for delay in the State's issuance of a traffic‑restriction notification and for the Bharatpur‑Deeg patch of road. The arbitral tribunal had awa…

The appeal concerned a decision of the Madras High Court that remanded a matter before the Wakf Tribunal because the Tribunal had failed to consider certain points. The issue before the Supreme Court was whether, under Section 83(5) of the Wakf Act 1995, the Wakf Tribunal is deemed a civil court and can exercise the sa…

The testator B. Sheena Nairi executed a Will on 15 May 1983 bequeathing all his immovable properties to his sister Laxmi Nairthy, cancelling an earlier Power of Attorney in favour of his brother‑in‑law. After his death, his wife applied for mutation of the properties in her name, but the sister filed a suit seeking dec…

Electrosteel Steel Ltd. (now ESL Steel Ltd.) filed a petition under Article 227 challenging an order that directed it to comply with an arbitral award dated 06.07.2018 passed by the West Bengal MSME Facilitation Council in favour of Ispat Carrier Pvt. Ltd. The award was rendered after the corporate debtor’s insolvency …

The appellants, sons of Tirakappa Gurusiddappa Malagi, challenged a compromise decree dated 18 January 2000 that partitioned seven acres of land among their father, uncles, and grandfather, alleging that their father was coerced into the settlement and that the land was not ancestral joint family property. The trial co…

Larsen & Toubro (L&T) and Puri Construction Ltd (PCL) entered into a Development Agreement for land development, later supplemented by a Supplementary Agreement and a Tripartite Agreement involving a bank. Disputes arose over alleged economic duress, non‑fulfilment of conditions precedent, and L&T's abandonment of the …

The landlords filed an eviction suit against Octavious Tea & Industries Ltd for non-payment of rent. The tenant filed applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997. The trial court allowed the Section 7(1) application but directed the tenant to deposit arrears with the Civil Ju…

The plaintiffs filed a suit for possession of a 3‑acre land alleging title derived from their parents. Defendant No.1 (Razia Begum) transferred the land to Lateef Hassan Burney (defendant No.2) who was later impleaded. The amended plaint sought possession only against defendant No.1 and made no prayer against defendant…

The case arose from a dispute over a suit property originally held by Budhiya Vesta Patel, who transferred his rights to respondent No.9 via a Development Agreement and an irrevocable Power of Attorney (POA). After Patel's death, his heirs (the appellants) executed further irrevocable POAs in favour of the same respond…

The case concerned a plot of land allotted by the West Bengal Relief and Rehabilitation Department to a refugee family that migrated from East Pakistan in 1950. The lease deed was initially executed in the name of Smt. Hem Prova Basak, but the government later ordered inclusion of the two younger brothers' names and ev…

The appellant challenged the election of respondent No.1 to the Andhra Pradesh Legislative Assembly on the ground that the Returning Officer had improperly accepted the respondent's nomination form, which contained blank columns and lacked signatures on each page, violating the Representation of People Act, 1951. The r…

The case concerned a long‑standing partition suit over the matruka property of the late Nawab Jung, in which Defendant No.1 (Hamid Ali Khan) sold his share of 68 acres 10 guntas to Bala Mallaiah on 23‑Nov‑1959. The sale was challenged on the grounds that it was made during the pendency of the partition suit, that the v…

M/S. Brakewel Automotive Components (India) Pvt. Ltd. obtained a decree for recovery of a sum of money from P.R. Selvam Alagappan. The respondent filed an application under Section 47 of the Code of Civil Procedure, 1908, challenging the executability of the decree on grounds of alleged mis‑joinder of parties, fraud an…

The appellant, a sister, owned a house in Goa purchased at auction, while her brother was allowed to occupy it as a caretaker. After the appellant returned to Goa in 1992, the brother filed a suit for a mandatory injunction to prevent her from taking possession, claiming a family arrangement. The trial court and High C…

The appellants and respondents entered into a 2017 joint venture for a hospital, each contributing a Rs 10 crore interest‑free loan. In 2019 the respondents bid for the appellants' 50% shareholding, agreeing via email on a consideration of Rs 36.75 crore, which the parties argued did not include the loan amount. The re…

The case arose from a partition suit (O.S. No. 388/77) where the trial court decreed shares only to plaintiffs 2 and 3, rejecting plaintiffs 4‑8. The appellant‑defendant appealed and the First Appellate Court set aside the trial decree, but the High Court restored it and, on remand, divided the property among the appel…

Advanta India Ltd filed a complaint against advocate B.N. Shivanna alleging cheating, fraud and fabrication of documents, leading the Karnataka State Bar Council’s Disciplinary Committee to debar him for life. The Bar Council of India (BCI) on appeal reduced the punishment to 18 months, but Shivanna’s review petition u…

The State of Haryana acquired large tracts of land for an industrial model township, vesting the land in the State after the Collector’s award. The Haryana State Industrial Development Corporation (HSIDC) later allotted part of this land to Maruti Suzuki India Ltd (MSIL) under a deed that required the allottee to pay a…

The appellant-landlord filed a suit in 1992 seeking a permanent injunction against the tenant for constructing a permanent structure without consent, invoking Section 13(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The trial court partially decreed the suit, but the High Court later dismisse…

The appellants entered into an agreement to sell a residential property to the respondent for Rs 1.60 lakh, receiving Rs 60,000 as advance, with the balance to be paid on execution of the sale deed. The deed was not executed within the stipulated period and the respondent sued for specific performance. The trial court …

Zenith Infotech Ltd filed a reference under the Sick Industrial Companies (Special Provisions) Act, 1985 before the Board for Industrial and Financial Reconstruction (BIFR). The Registrar of the Board refused to register the reference on the ground that the company was not an "industrial company" within the meaning of …

Nanak Builders sued the Sawhneys for specific performance of a 1986 sale agreement. While the suit was pending, the Sawhneys transferred the suit property to Thomson Press (India) Ltd. despite a court injunction and public notice of the dispute. Thomson Press applied under Order 1 Rule 10 CPC to be impleaded as a defen…