Code of Civil Procedure

In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected and the defeated respondent filed an election petition alleging corrupt practices. The petition and its supporting affidavit were drafted in Hindi, contrary to the High Court Rule requiring English, and the affidavit was not in…

The appellant, a civil servant, was found guilty in a departmental enquiry and dismissed from service. He challenged the dismissal by filing a civil suit, which was initially dismissed, but the District Judge later set aside the dismissal order, declaring it illegal. The respondents appealed to the High Court, which he…

In a suit for pre-emption of agricultural land, the Sub‑Judge granted a decree in favour of Shanti Devi, requiring her to deposit four‑fifths of the purchase price by 18 Nov 1968. She deposited the amount on 19 Nov 1968 due to administrative delays. The Sub‑Judge held that the failure to deposit on the exact date extin…

The petitioners, Dushyant N. Dalal and his wife, were ordered by SEBI to disgorge unlawful gains of Rs.4.05 crore and pay a penalty of Rs.6 crore, with a debarment of seven years if unpaid. They challenged the SEBI order, arguing that interest could not be levied retrospectively under Section 28A of the SEBI Act and th…

Shree Baidyanath Ayurved Bhawan Pvt. Ltd. entered into a distribution agreement with M/s S. Bhatia Enterprises that contained an arbitration clause designating the court at Jhansi, U.P., as the forum for disputes. Disagreements led to the appointment of two different arbitrators, each issuing an award, and the parties …

Deve Sugars Ltd. was ordered to be wound up and its assets were taken over by an Official Liquidator. The State Bank of Mysore sought to recover a debt under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and obtained leave from the Company Court (High Court, Madras) on 10 March 2000, subject t…

The Supreme Court examined whether the Copyright Board, under Section 31(1)(b) of the Copyright Act, 1957, could grant an interim compulsory licence while a complaint was pending. The Board had earlier held it lacked such power, but the Delhi High Court reversed that view and directed the Board to grant an interim lice…

The appellant, owner of a cinema theatre, entered into a sale agreement with the respondent for Rs. 94 lakh, of which Rs. 32.97 lakh was paid. The respondent filed a suit for specific performance, relying on a receipt (Ex A.15) for a further Rs. 4.03 lakh and claiming possession of the property. The trial court dismiss…

Kalyan Banerjee, an employee of Eastern Coalfields Ltd., was appointed and later terminated in the Mugma area of Jharkhand. He filed a writ petition in the Calcutta High Court challenging his dismissal, arguing that the High Court had jurisdiction because the company's head office is located in West Bengal. The questio…

The case concerned a long‑standing tenancy that began in 1932, where the rent was progressively increased from Rs.16 to Rs.60 in violation of the Bihar Buildings (Lease, Rent and Eviction) Control Act. After the landlord, who became the Karta of the joint family, served a notice of termination, the tenants were sued fo…

The Supreme Court examined whether a further revision by a High Court under Section 115 of the Code of Civil Procedure is permissible against a District Court's revisional order made under Section 20 of the Kerala Buildings (Lease & Rent) Control Act, 1965. Earlier decisions – Aundal Ammal v. Sadasivan Pillai (Kerala) …

The dispute concerned the inheritance of immovable and movable property of a deceased father and was referred to arbitration. The arbitrator's award directed payment of sums and stipulated residence rights, but did not actually create or extinguish any right in the immovable property. The first respondent objected that…

Cine Exhibition Pvt. Ltd. filed Interlocutory Applications No.5 and 6 under Order XVIII Rule 5 seeking clarification or modification of a Supreme Court judgment dated 11 January 2012. The applications aimed to alter specific paragraphs, obtain official records, and modify operative directions concerning the Gwalior Dev…

The corporate debtor, holding a mining lease that was about to expire, sought a deemed extension of the lease through its resolution professional during a corporate insolvency resolution process (CIRP). The Karnataka Government rejected the extension, prompting the resolution professional to obtain a direction from the…

The landlord claimed the tenant defaulted on rent from March 1994 and filed an eviction suit under the West Bengal Premises Tenancy Act, 1956. The tenant had tendered the March rent twice in April 1994, but the landlord refused to accept it, prompting the tenant to deposit the rent with the Rent Controller and later wi…

Canbank Financial Services Ltd., a subsidiary of Canara Bank, purchased CANCIGO units worth Rs 33 crore from a stock broker (Respondent 2) who had applied for the units through two other banks (Respondents 3 and 4) that held the certificates in their names but transferred possession to the broker. The Special Court hel…

The President of India referred a complaint under Article 317(1) to the Supreme Court alleging that a member of the Punjab Public Service Commission, G.K. Saini, slapped the Chairman, Santosh Chowdhary, without provocation. After extensive evidence, including affidavits of the Chairman, three other members, and the res…

Ajudh Raj and others (plaintiffs) challenged an order passed by the Compensation Officer under Section 27(4) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, which granted Moti, the respondent, rights as a sub‑tenant. The plaintiffs claimed Moti was merely a labourer and that the offi…

The Orissa Olympic Association (OOA) was granted a lease of 20.808 acres for a stadium but later constructed 23 shops and a Kalyan Mandap (Barabati Palace) on land the State claims lies outside the lease. The Supreme Court, after a committee measured the leasehold area, found that the shops and part of the Mandap are o…

The Parsee Girls' School Association, a public trust, leased two floors of its school building to New India Assurance Company Ltd. (NIAC) in 1954. NIAC sub‑let the premises to the Ministry of Food and Civil Supplies, Government of Maharashtra in 1959 without the trust's consent. The trust sought recovery of possession …

The plaintiff filed a suit against the Greater Hyderabad Municipal Corporation and the Assistant City Planner challenging a notice issued under Section 452 of the GHMC Act, 1955. The plaintiff's neighbour (appellant) sought to be impleaded, claiming infringement of his right to light and air. The trial court allowed th…

The appellant, B.R. Mehta, had been a tenant of a house in Kalkaji since 1968. In 1978 his wife, a government teacher, was allotted a separate government quarter, which she later vacated and rejoined the family home. The landlord sought eviction of the appellant under Section 14(1)(h) of the Delhi Rent Control Act, cla…

Kishan Singh's agricultural land was allotted under the Uttar Pradesh Consolidation of Holdings Act and the allotment became final under section 23. After Kishan's death, Malkhan Singh claimed to be his adopted son to inherit the land, while other claimants denied the adoption. The consolidation authorities, in mutatio…

Mrs. Dorothea Mitra obtained a decree of divorce in 1962 granting her permanent alimony of Rs.300 per month until remarriage, under Section 37 of the Special Marriage Act, 1954. The husband, Prafulla Kumar Mitra, died in 1965 without providing for the decree in his will, and the executrix failed to continue payments af…

The landlord applied to the Rent Controller under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, seeking eviction of the tenant on the ground of a bona‑fide need to start a Karyana business, despite being unemployed and suffering from asthma. The Rent Controller and the appellate authority fo…

The appellant sought a declaration that certain properties belonged to a joint family and that a trust over them was void. A receiver was appointed with an injunction restraining any "transfer" of the properties. Grindlays Bank, the original tenant of four flats, surrendered two flats to Tata Finlay, and the receiver l…

The All India Shia Conference (Branch) and others sued the Andhra Pradesh State Wakf Board seeking a declaration that institutions such as Panjas, Alams, Ashrukhanas, Asthanas and Imambadas were Shia wakfs and not Sunni wakfs. The trial court and the Andhra Pradesh High Court declared all the institutions to be Shia wa…

The case involved four brothers who owned a family business and entered into an arbitration agreement in 1984 to partition the business. An arbitrator issued an award in 1987, but subsequent litigation in the Bombay, Rajasthan and Delhi High Courts resulted in family settlement schemes in 1994 and an amended settlement…

The landlord M.S. Zayed sued tenant K. Raghavan for possession of a portion of a house under Section 21(1)(h) of the Karnataka Rent Control Act, claiming a reasonable and bona‑fide need for the premises. The trial court found the landlord's need genuine and granted possession, but the Karnataka High Court, on revision …

The appellant, Shyamali Das, claimed ownership of land acquired by the West Bengal Housing Board and filed a suit for injunction and declaration of title. She also sought to be impleaded in the reference proceedings under the Land Acquisition Act, but the Land Acquisition Judge dismissed her application on the ground t…

The case arose from a property dispute in which the appellant, Baldev Singh, admitted to having two wives. The first wife, Sarbjit Kaur, sued him for dissolution of marriage and obtained a decree declaring the marriage dissolved. The first respondent, S.M. Sharma, who had complained to the appellant's employers about b…

Syed Israr Masood, a forest contractor, won an auction for two forest coupes in August 1960, paying an earnest money and the first instalment. Upon inspecting the coupes he discovered that the quantity and quality of timber were far less than advertised, and a substantial portion of the marked trees had been later decl…

The Life Insurance Corporation of India (LIC) acquired two properties on Mount Road, Madras, which had been leased to India Automobiles. LIC applied to the Rent Controller for fixation of fair rent, but the tenants argued that the lease covered only vacant land and that the superstructures they built belonged to them, …

The appellant, Ram Balak Singh, claimed possession of 0.32 decimal of land that had been settled in favour of his adoptive father Makhan Singh by an ex‑landlord and later recorded in his name by the Consolidation Officer under the Bihar Consolidation Act. After the consolidation proceedings closed, the State of Bihar a…

The landlord, ARM Group Enterprises Ltd., owned premises that were leased to Allenberry & Co., who gave notice of surrender on 31‑Aug‑1953 but failed to hand over vacant possession. The tenant vacated under a compromise decree that reserved the landlord's right to evict any sub‑tenants. The restaurant Waldorf, initiall…