Code of Civil Procedure

The appellant, a former employee of the respondent firm, resigned in May 1983 and applied for payment of gratuity, which the employer failed to determine. The statutory controlling authority quantified the gratuity at Rs.16,380 and ordered payment of 9% compound interest under Section 8 of the Payment of Gratuity Act, …

The appellants, Zafar Khan and others, claimed possession of land based on a decree under the U.P. Tenancy Act and later asserted they were bhumidars under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The respondents, having become adhivasis under the same Act, regained possession through an order of the Ad…

The State of West Bengal issued a notification under the West Bengal Estates Acquisition Act, 1953 covering the tea garden of Singell Tea and Agricultural Industries Ltd., and the Revenue Officer assessed rent. The company contended it was not an intermediary and the land was free‑hold, challenging the officer’s jurisd…

The Supreme Court examined whether a will dated 25‑9‑1981 could be proved under Sections 68 and 69 of the Evidence Act, 1872 and Section 63(1)(c) of the Indian Succession Act, 1925. The will was attested by two witnesses, one of whom had died and the other, Harnek Singh, was alive but was not examined because the plain…

The Karnataka Wakf Board challenged two suits filed in 1981 by the State's Education and Agriculture Departments seeking declaration of title over properties that had been notified as Wakf. The Board argued that the suits were barred by the one‑year limitation prescribed in Section 6 of the Wakf Act, 1954. The Supreme …

The dispute concerned the management of Salafi Juma Masjid, a waqf registered under the Waqf Act, 1995. The Mahal Committee, claiming to be a local (Sakha) unit of the registered society Kerala Naduvathil Mujahideen, sued the Salafi Trust seeking a declaration that a certificate of registration issued under s.36 of the…

The Supreme Court examined an appeal by Prem Chand and others against a Delhi High Court award of Rs 39,300 per bigha as compensation for land acquired under the Land Acquisition Act, 1894, where the High Court had denied the benefit under Section 23(1A). The Court held that, because the award was made after 30 April 1…

The appellants' land in Haryana was notified for acquisition in 2002 and an award was passed in 2004 under the Land Acquisition Act, 1894. They filed writ petitions alleging that the land fell within a green belt under the Regional Plan 2001, that the acquisition violated the National Capital Region Planning Board Act,…

The case concerned a dispute between the union USHA BRECO MAZDOOR SANGH and the management of M/s. USHA BRECO Ltd. over disciplinary action taken against two union leaders. The Labour Court, exercising jurisdiction under s.11‑A of the Industrial Disputes Act, 1947, upheld the validity of the domestic enquiry, re‑apprec…

The case concerned a piece of land and a building that had been gifted in 1920 as a charitable endowment for a Sikh gurdwara and recorded in the revenue records in the name of "Guru Granth Sahib" in 1928. The respondents, who were the descendants of the original trustees, later claimed that the mutation was void becaus…

Five Haryana MLAs merged with the Indian National Congress and the Speaker accepted the merger. Kuldeep Bishnoi filed disqualification petitions under Article 191 and the Tenth Schedule, alleging the merger violated paragraph 4(1). The High Court, invoking Order 41 Rule 33 CPC, directed the Speaker to decide the petiti…

The landlord filed a suit for possession of premises under the West Bengal Premises Tenancy Act, 1956. The tenant filed a written statement but later failed to comply with court orders to deposit rent and his defence was struck out under s.17(3) of the Act. The tenant appealed, contending that even after his defence wa…

The appellant, Bangalore Electricity Supply Company Ltd., entered into a Power Purchase Agreement (PPA) with a solar project SPV and a farmer under Karnataka's solar policy, requiring commercial operation within 18 months. Delays occurred in land conversion, evacuation approvals, and other regulatory processes, leading…

The appellants, Mathadhipatis of several Mutts in South Kanara, challenged notices demanding contributions under the Madras Hindu Religious and Charitable Endowments Act, 1951 after the district was transferred to Mysore (Karnataka) by the States Reorganisation Act, 1956. They argued that the Mysore Government's notifi…

The dispute involved a landlord‑tenant relationship where the Rent Controller and the Appellate Authority both held that the landlord satisfied the bonafide requirement under the Rent Control Act. The High Court, exercising revisional jurisdiction, set aside those findings, stating it could re‑appreciate the evidence t…

The appellants, workmen of Novartis India Ltd., were transferred from Calcutta to other locations and challenged the transfer orders as illegal and motivated by trade‑union activities. While a conciliation proceeding was pending, the employer terminated their services for not obeying the transfers. The dispute was refe…

A suit filed by 56 members of the public sought a declaration of a customary right to bury the dead on two parcels of land (R.S. Nos. 975/1 and 975/2) and a permanent injunction against 15 defendants, who were the brother‑owners and subsequent purchasers of the land. The trial court decreed in favour of the plaintiffs;…

The National Agricultural Cooperative Marketing Federation of India Ltd. entered into two contracts with Swiss firm Alimenta S.A. for groundnut supplies, but a government export ban prevented performance. The first contract contained an arbitration clause, leading Alimenta to invoke arbitration through FOSFA, while the…

The State of J&K filed a writ petition under Article 226 for implementation of a decree that had been modified by a compromise. The High Court issued an ex‑parte interim order on 19‑03‑1990 directing the State to give 50% of the agreed timber upon a bond, and listed the matter for hearing in May 1990. Before the schedu…

The landlord, Pralhad Lalchand Chavan, obtained permission from the Rent Controller under clause 13(3)(vi) of the Central Provinces and Berar Rent Control Order to terminate his tenant's lease on the ground of bona‑fide residence. After the permission became final, he served a notice under Section 106 of the Transfer o…

The appellant, K.P. Manu, born to Christian parents, reconverted to Hinduism at age 24 and obtained a Hindu Pulaya caste certificate. The Scrutiny Committee and the Kerala High Court cancelled the certificate, holding that his Christian birth precluded Scheduled Caste status. The Supreme Court examined whether a person…

Shyam Singh obtained a Rs 34,000 loan from the State Bank of India for a tractor, mortgaging 22 acres of land. After defaulting, the bank invoked Section 10‑B of the U.P. Agricultural Credit Act, 1973 and the Tehsildar attached the tractor, whose estimated value exceeded the debt. Later, under Section 11‑A of the same …

The State of Punjab and a lady surgeon were sued by Shiv Ram and his wife for damages after the wife became pregnant and gave birth despite having undergone a tubectomy in 1984. The trial court and the High Court awarded Rs.50,000, holding the State liable for the failed sterilisation. On appeal, the Supreme Court exam…

International Asset Reconstruction Company of India Ltd. appealed to the Debt Recovery Tribunal against an order of the Recovery Officer, but the appeal was filed after the 30‑day period prescribed under Section 30(1) of the Recovery of Debts and Bankruptcy Act, 1993. The central issue was whether Section 5 of the Limi…

The appellant sought probate of a will of her deceased brother, but two respondents—Yasheel Jain, claiming to be the testator's nephew and beneficiary under an alleged earlier will, and Malati Tulshan, claiming to be the testator's second wife—filed caveats. The Calcutta High Court rejected the appellant's prayer to di…

Vinod Kumar Subbiah filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging mental cruelty by his wife, Saraswathi Palaniappan, who later sought restitution of conjugal rights under Section 9 and maintenance. The trial court, after examining extensive evidence, found the wife’s abusive conduct—ins…

The appellant, Om Parkash Batish, owned a residential building and had engaged a casual worker, Ram Lal, for a short period to carry out repair work. While on the roof of an adjoining textile mill, Ram Lal suffered an electric shock and died. The respondents filed a claim for compensation under the Workmen Compensation…

The dispute concerned a 2000‑sq‑yard plot in Bombay whose title was claimed by the heirs of the original owner and by a private limited company that had purchased the shares of the heirs' company. After an eviction decree and a series of undertakings, the petitioners (Devida Yal Rolling Mills) claimed tenancy, while th…

Kitab Singh, a workman employed by Atlas Cycle (Haryana) Ltd. since 1977, alleged that he was assaulted and forced to resign on 1 October 1992 after being accused of theft. He wrote to the Chief Minister and sent a notice to the company, claiming the resignation was not voluntary. The Labour Court dismissed his claim, …

The Gujarat Water Supply & Sewerage Board entered into contracts with Unique Erectors for a water‑supply scheme and later referred disputes arising under clause 30 of the contract to arbitration. A sole arbitrator was appointed, decided the arbitrability of the claims, and issued a lump‑sum award on 8 July 1985, which …

The landlord, a retired university comptroller, claimed status as a "specified landlord" under the East Punjab Urban Rent Restriction Act and obtained a decree for eviction of the tenant. The High Court accepted this claim and granted the landlord one month to take possession, subject to the tenant filing an undertakin…

Bidesh Singh filed an election petition challenging the election of Maohu Singh on the ground that 258 ballot papers were illegally rejected in Booth No. 35 and sought their inspection and scrutiny. The respondent filed an application under Sections 81, 83 and 86 of the Representation of the People Act, 1951 and Rule 9…

Mansaram, the father of Babula and Parasram, was held by a trial court to be the exclusive owner of a house and the decree became final. He later executed a will bequeathing the property to Babula's descendants (the appellants) and died in 1968. The appellants sued in 1977 for declaration of title and possession and ob…

The Supreme Court examined affidavits filed in a contempt petition where the complainant alleged non‑compliance with a prior court order. Both the complainant’s affidavit and the accused’s reply affidavit were found to be vague, lacking specific facts, and not verified in accordance with Order XI Rules 5 and 13 of the …

The Akkode Juyamath Palli Paripalana Committee, a society registered under the Societies Registration Act, filed a suit for a perpetual injunction to prevent interference with the administration, management, and peaceful enjoyment of a mosque, its madrassa, and related wakf assets. The suit was transferred to the Wakf …

The plaintiffs, sons of a borrower, sued to declare the sale deeds executed by their father null and void, alleging that the transactions violated Section 49 of the Gujarat Co-operative Societies Act because the father had an outstanding loan to the Rampara Seva Sahakari Mandali. The trial court found no evidence of il…

The Supreme Court was asked to interpret paragraph 7 of its 11 July 2017 order, which dealt with prohibiting the sale of liquor along highways but clarified that it did not apply to licensed establishments within municipal areas. The petitioners sought a further clarification to determine whether the same principle sho…

The appellant challenged the election of the second respondent from a Scheduled Tribes reserved assembly constituency, alleging that the respondent falsely claimed to belong to the Konda Reddy Scheduled Tribe and had obtained a fraudulent community certificate. The Returning Officer had accepted the nomination based on…

Reliance Salt Ltd (appellant) entered into a consignment agreement with Cosmos Enterprises (respondent No.1) which required the latter to furnish a Rs 5 lakh bank guarantee from Bank of India (respondent No.2). The consignment agent failed to settle the appellant's bills within the stipulated 30‑day period, prompting t…

Ratan Singh, a Bhoomidar, died leaving 41.49 acres of agricultural land. Under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, the Sub‑Divisional Officer limited the widow's share to 10.38 acres and declared the remainder surplus. The major daughters (appellants) filed a civil suit claiming inheritance u…

The mother of the respondents filed an eviction suit against the father of the appellants, claiming title to a house based on a 1957 sale deed and seeking to evict the defendant as a tenant. The trial court upheld her title but dismissed the eviction because no landlord‑tenant relationship was proved; the appellate cou…

The firm Ganpat Ram Rajkumar was ordered by the Supreme Court to vacate a shop in Narnaul within six months, on the condition that it filed a "usual undertaking" confirming possession and delivery of vacant possession. The firm failed to file any undertaking and did not vacate the premises. The partners' sons subsequen…

The appellant, a senior advocate and former legal advisor to a cooperative bank, refused to return the bank's case files after the retainership was terminated, demanding payment of alleged fees of Rs. 97,100. The bank filed a complaint before the State Bar Council, which was transferred to the Bar Council of India; the…

The State of West Bengal challenged the High Court’s view that auction sales of raiyati interests, made in execution of rent decrees under the Bengal Tenancy Act, could be treated as sales under the Code of Civil Procedure and thus be valid. The Assistant Settlement Officer had revised the record of rights, substitutin…

Two mortgages were created in 1925 and 1928 over certain land. In a 1947 suit, the mortgagors obtained a preliminary decree for redemption and, after default, a final decree for sale, but the mortgagee never executed the sale and retained possession. In 1968 the mortgagor‑heirs filed a second suit for redemption agains…

V.S. Achuthanandan, a defeated CPI(M) candidate, filed an election petition against the winning candidate P.J. Francis alleging corrupt practices and illegalities in ballot counting. The Kerala High Court dismissed the petition under Section 83 of the Representation of the People Act read with Order 7 Rule 11 of the CP…

The appellant, a lessor, leased land to the respondent, a tenant, and later filed an eviction petition under the Andhra Pradesh Tenancy Act, 1956, which was initially allowed, giving him possession. The tenant appealed and the Sub‑Collector set aside the eviction, ordered restitution and remanded the matter for fresh d…

The case concerned a suit for possession of a house in Bikaner, claimed by Bhim Singh and Himmat Singh (plaintiffs) on the basis of a patta issued in their names, while the defendant Kan Singh asserted ownership as a surviving coparcener and alleged the transaction was benami. The trial court held the plaintiffs were o…

Northern India Caterers (India) Ltd., which runs a hotel and restaurant, challenged a Delhi sales‑tax assessment on the ground that meals served to casual diners were taxable as a sale. The Supreme Court had earlier held that such service was not a sale because diners could not take away unconsumed food and the transac…

The appellant, Sunita Jugalkishore Gilda, succeeded a mortgagee who had a mortgage over a three‑storied building since 1953. While several suits between the mortgagee and the mortgagors were pending, the mortgagors inducted a third party as a tenant without the mortgagee's consent. The mortgagee sued for possession and…

The appellants challenged the constitutional validity of Sections 54A, 69(4)‑(9) and 98 inserted by amendment to the Rajasthan Excise Act, 1950, alleging that they usurped the jurisdiction of criminal courts, removed the remedy of judicial review and violated Articles 14, 19, 20, 21, 301 and 254 of the Constitution. Th…

Two groups of family shareholders in Ram Bahadur Thakur Ltd. filed a petition under Sections 397 and 398 of the Companies Act, 1956, alleging ouster from management. The Company Law Board (CLB) removed the directors, facilitated a family settlement and, on 19 August 1999, passed an order under Section 402 incorporating…

The appellants' agricultural land was acquired under the Land Acquisition Act, 1894 and they were awarded compensation they considered inadequate. They filed an application under Section 18 seeking a reference to the Court for enhanced compensation, attaching a schedule of some Khasra numbers but stating a claim for th…

Dr. S.A. Johari, an honorary surgeon attached to Dr. Amonkar Hospital, occupied a small cabin within the hospital premises and paid a monthly compensation. The Amonkar family, owners of the premises, gave notice terminating his attachment and sought his eviction. Johari filed a suit claiming he was a "protected license…

The returned candidate Quamarul Islam contested the 1989 Karnataka Assembly election and was challenged by his rival S.K. Kanta on alleged corrupt practices under Sections 123(2), (3), (3A) and (4) of the Representation of the People Act, 1951, including religious appeals and false statements. The High Court set aside …

Sanghamitra Ghosh filed a transfer petition seeking to move a matrimonial suit for restitution of conjugal rights to Bangalore, alleging physical and mental torture by her husband Kajal Kumar Ghosh and his parents, and claiming she was driven out of the marital home with their minor child. Both parties later entered in…

The Union of India and another appealed against a High Court order that held its objections to an arbitral award were time‑barred. The award was filed on 17‑06‑1996 and a notice of filing was served on the Union of India, but not on the Executive Engineer, who was responsible for the Union’s affairs in the arbitration.…

The Uttar Pradesh Awas Evam Vikas Parishad (the Board), a statutory body acquiring land for a housing scheme, was not impleaded in the compensation proceedings before the tribunal and the High Court. The land owners challenged the compensation awarded, leading to enhanced awards by the High Court, which did not include…

The Supreme Court examined an appeal by Krishi Utpadan Mandi Samiti challenging the award of additional compensation, enhanced solatium and interest granted by the Allahabad High Court to the respondents under the Land Acquisition Act, 1894. The High Court had applied provisions of the 1984 amendment (Section 23(2), pr…

The appellant, a school, appealed an order of the Director of Pre‑University Education granting promotion to an assistant teacher (respondent No.1). The respondent filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the Director’s order. The Karnataka …

The appellant, a registered charitable society, sought eviction of the tenant under Section 22(d) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises. The tenant denied that the appellant was a public institution and that it required the premises. During trial the tenant’s counsel conceded b…

The landlord, Ratan Lal, sought to evict his tenant, Ravi Dutt Sharma, under section 14(1)(e) of the Delhi Rent Control Act, 1958. He had earlier applied for permission under section 19(1)(a) of the Slum Areas (Improvement and Clearance) Act, 1956, but the application was dismissed. The tenant argued that the landlord …

The Supreme Court examined a family‑run private company where the board had broadened capital by issuing 15,000 new equity shares, allocating 6,475 to the appellants and reserving 8,000 for the late chairman. The petitioner, a class‑I heir, claimed entitlement to the 8,000 shares and alleged oppression and mismanagemen…

The appellant, Subhash Chandra, inherited a tenancy originally created by a lease deed (Ext. P.20) between Navinchand and his father Misri Lal. Navinchand later sold the property to the respondents, who terminated the tenancy and sued for eviction. The appellant defended by claiming that the original owner, Smt. Raj Ra…

Ku Rashmi Mishra, a qualified candidate for the post of Assistant Registrar in a Madhya Pradesh State University, was not selected among 17 candidates chosen by the State Public Service Commission. She filed a writ petition under Article 226 challenging the selection, alleging favoritism and that the interview‑only met…

Ten non‑Greek seamen of the foreign vessel M.V. "Vali Pero" sued the ship’s owners for unpaid dues. The defendants’ witnesses were examined on commission, but their depositions lacked the witnesses’ signatures, a requirement under Rule 4 of the Calcutta High Court Rules, 1914. The Calcutta High Court held the omission …

The case arose from a family dispute between Rama Narang (petitioner) and his sons Ramesh and Rajesh Narang (respondents) who were directors of a company. The Supreme Court had earlier ordered a settlement (Consent Order) requiring joint management of the company, but the petitioner alleged that the respondents violate…

The appellant, Ramdas Bansal, held a 21‑year lease of a building (Grace Cinema Hall) on premises in Kolkata and, after the lease expired, the respondents filed a suit for vacant possession and rectification of the lease description. Bansal sought to introduce documents alleging that the respondents were "Thika" tenants…

The plaintiff Krishan Dutt sued for a one‑third share and partition of land that his father had allegedly inherited from his brother‑in‑law after the widow Gangi remarried the brother Bala Ram, invoking a custom of "illaqua" whereby a widow’s property passes to the brother she marries. The defendants (appellants) prove…

The petitioners, a trade union and former employees of Hindustan Zinc Ltd (HZL), challenged the Union Government's plan to sell its remaining 29.54% stake in HZL, arguing that the Nationalisation Act, 1976 required a parliamentary amendment for any such disinvestment. The Court examined whether the earlier decision in …

The dispute concerned a building owned by the Bangalore Mahanagar Palike that had been leased to Dhanpal and later sold to Doraiswamy through a court‑executed sale deed. Doraiswamy, acting as landlord, filed an eviction suit under the Karnataka Rent Control Act, 1961 on the ground of bona‑fide personal need; he died an…

In the Maharashtra Legislative Council election, Ashok lost to Rajendra by four votes and filed an election petition alleging that at least five of the fourteen votes counted were improperly received because voters were accompanied by another person, violating Rule 39 of the Conduct of Election Rules, 1961. The High Co…

In a partition suit, a final decree directed the 2nd defendant, V. Hutcheswaran, to sell his one‑fifth share of a house to the other co‑owners. While the other parties sold their shares, the 2nd defendant did not. An execution petition filed twelve years after the decree was dismissed as time‑barred, but the Madras Hig…

Shiv Kumar Sharma and Santosh Kumar entered into a reciprocal agreement to exchange shops, gave each other vacant possession, but the sale deeds were never executed. Santosh Kumar sued for possession of his shop and a permanent injunction; the trial court granted both and the High Court, while confirming possession, al…

The Delhi Rent Controller ordered the eviction of tenant Kash! Ram in October 1960 on the ground of the landlord's bona‑fide requirement. The landlord's applications for permission to execute the order under Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 were dismissed in 1963, and a second applicat…

The respondent, a Branch Manager of UCO Bank, was superannuated on 1 November 1996 after show‑cause notices were issued for alleged irregularities in sanctioning PMRY loans. A charge‑sheet was issued only on 13 November 1998, well after his retirement, and disciplinary proceedings were launched under Regulation 20(3)(i…

The husband filed a divorce petition in the Family Court at Mangaluru, Karnataka. The wife, a permanent resident of Canada now residing in Mumbai, filed a transfer petition seeking to move the proceedings to the Family Court at Bandra, Mumbai. She argued that traveling to Mangaluru would be difficult, costly, and would…

Indian Bank filed an application before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 to recover a loan amount. While the application was pending, the borrower, ABS Marine Products, sued the bank in the Calcutta High Court for damages alleging non‑disburs…

The appellant, a tenant, entered into a lease for a shop at Rs 5,000 per month in 1976 and in 1978 applied to the Rent Controller for fixation of a standard rent of Rs 1,350 under Section 9 of the Delhi Rent Control Act, 1958. While the application was pending, the 1988 amendment inserted Section 3(c), which excluded p…

The case concerned a joint Hindu Mitakshara family where Bhiku died leaving his widow Parvati and son Balu. Balu also died, leaving his widow Lilabai, who later remarried and gave birth to a posthumous daughter, Ashabai, the appellant. Parvati adopted Vithal in 1949, and Ashabai sued for possession of the family proper…

The case concerned land originally leased to Louis Club for club purposes, on which a pavilion was constructed and later sub‑let to another club and partially transferred to a Municipal Committee. The landlord filed an ejectment petition alleging non‑payment of rent, unauthorised sub‑letting and change of use. The High…

The plaintiffs, brothers, partitioned ancestral property by a deed dated 4 December 1952 and thereafter possessed their respective shares. The second plaintiff orally gifted one portion of his share to the first plaintiff. On 6 January 1968 the defendants trespassed, prompting the plaintiffs to file a suit on 4 July 19…

The landlord (appellant) owned eight shops and sought eviction of tenants, including the respondent, under the Kerala Buildings (Lease and Rent Control) Act, 1965 on the ground of bona‑fide need. After a protracted litigation spanning more than a decade, the trial court finally passed an eviction order, which was execu…

Dharmesh Prasad Verma appealed against the election of Faiyazal Azam to the Bihar Legislative Assembly, alleging that Azam committed a corrupt practice under Section 123(5) of the Representation of the People Act, 1951 by procuring a jeep from his friend Kabir Ahmed and using it to convey voters to the polling station …

The plaintiff, an intermediary landlord, sued the respondents, tenants‑at‑will, for possession of agricultural land after a notification under Section 3 of the Bihar Land Reforms Act, 1950 had vested the plaintiff's estate in the State. The trial court held the plaintiff was in "khas" possession and could evict; the Hi…

The Supreme Court examined a batch of appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) that uniformly awarded interest at 18% per annum in cases of deficiency of service by development authorities. The Court held that the Consumer Protection Act, 1986 has a wide reach and cover…

Azhar Sultana entered into a sale agreement with Ramesh Chand Khanna and paid an advance of Rs 30,000. While the agreement was pending, Khanna sold the same property to defendants 5 and 6 by a registered deed, after which the plaintiff filed a suit for specific performance of her original agreement. The Supreme Court e…

The appellant, a legal representative of an ex‑director of a company that had been liquidated, challenged a Company Judge's order that held all former directors jointly and severally liable for a sum with interest in a misfeasance proceeding. The Company Judge dismissed the appellant's application for review of that or…

The Supreme Court examined a dispute over a house purchased in 1961 by Rama Vidyarthi using insurance proceeds and other funds, questioning whether it was joint family property and how the shares should be apportioned. The appellant, Shreya Vidyarthi, argued that the High Court had decided the case ex‑parte and that a …

Shakti Tubes Ltd., a contractor for the State of Bihar, entered into a contract for supplying black pipes that contained an escalation clause. Disputing the escalated price, the contractor filed a writ petition in 1994, which was partially admitted in 1995. After serving a notice under CPC s.80, it filed a money suit i…

The Union of India sought to set aside an award that granted solatium (15%) and interest (6%) in a land acquisition case under the Requisitioning and Acquisition of Immovable Property Act, 1952. The land, requisitioned for defence, was initially compensated at Rs 10 per square yard; the Arbitrator raised it to Rs 15 an…

The State of Gujarat appointed the Secretary to the Government as President of the Gujarat Revenue Tribunal, a move challenged on the ground that the post is a judicial office and requires the High Court's consultation under Article 234 of the Constitution. The Gujarat High Court held that the Tribunal is a "court" and…

The appellant challenged the election of the respondent to the Bihar Legislative Assembly on the ground that the respondent was under 25 years of age at the time of filing his nomination, violating Article 173(b) of the Constitution and Section 36(2) of the Representation of the People Act. The High Court dismissed the…

The appellant, Mis. Kalimpong Land and Building Ltd., owned a three‑storeyed godown and 4.9 acres of land that were requisitioned by the State of West Bengal in 1964 under the Requisitioning and Acquisitioning of Immovable Property Act, 1952. After a protracted arbitration process that began in 1967 and stretched over …

The appellant obtained a money decree from the Small Causes Court in 1953 and, under Section 39(1)(d) CPC, had it transferred to the Munsif Court for execution. The Munsif Court sold the immovable property in execution of the decree, and the purchaser later sold it to the respondents. The respondents challenged the sal…

The Haryana Urban Development Authority (HUDA) allotted a residential plot to Raj Singh Rana under an allotment letter that stipulated a 7% simple interest rate on instalments of the tentative sale price. After the plot’s acquisition cost was enhanced, HUDA demanded additional payment with interest rates of 10% and 15%…

Jagdish Sugar Mills, a liquidated public company, was ordered to pay arrears of cane‑cess and its mills were attached and auctioned on 10 November 1955. The sale certificate under Rule 285‑M of the U.P. Zamindari Abolition and Land Reforms Rules was issued on 4 July 1956, after objections were resolved. The Income‑Tax …

Anchor Pressings Ltd. was assessed to income‑tax for AY 1963‑64 without claiming the rebate under s.84 of the Income‑Tax Act. After the assessment, the company applied under s.154 for rectification of the order to obtain the s.84 relief, but the Income‑Tax Officer and the Commissioner rejected the application. The comp…

The appellants, pucca tenants, filed an application under Section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950 seeking reinstatement after being dispossessed, but the revenue authorities dismissed their claim. They subsequently filed a civil suit for declaration of title and possession, which the trial co…

The appellant vendors entered into an agreement to sell land to the respondent purchaser in 1986, with a clause requiring the vendors to obtain a no‑objection certificate and an income‑tax clearance certificate before execution. The purchaser paid an advance but failed to deposit the balance consideration, and the vend…

The mortgagor, Sardar Govindrao Mahadik, mortgaged his house to Devi Sahai and later agreed to sell it to the mortgagee, but the sale deed was never registered. The mortgagee claimed protection under Section 53A of the Transfer of Property Act, arguing that his possession and a Rs 1,000 payment for stamp duties constit…

Lallubhai Jogibhai Patel was detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 30 January 1980. He filed a writ petition (No. 449 of 1980) under Article 32 challenging the detention, which was dismissed. After the dismissal he raised additional grounds …

Leela Hotels Ltd. entered into a sub‑lease with HUDCO for a hotel project, which was later cancelled, leading to arbitration. The arbitrator awarded HUDCO to pay Leela Hotels a principal sum plus interest. HUDCO deposited Rs 89.78 crores, claiming it was towards the principal, while Leela Hotels argued it should first …

The tenant, Rai Chand Jain, leased a house from landlady Chandra Kanta Khosla for residential purposes, but later operated a printing press (M/s Navneet Prakashan) from the premises. The landlady sought eviction on grounds of non‑payment of rent, change of use, and her bona‑fide requirement for the house. The trial cou…

In execution of a pre-emption decree, the respondent was given actual possession of 135 kanals and symbolic possession of an additional 62 kanals 13 marlas, which was beyond the decree's terms. The appellants' father filed a declaratory suit in 1965, which was decided in his favour and affirmed in 1969, but no injuncti…

The case concerned a sale of a portion of a block of houses in Rae Bareli by Parmeshwar Din Misra (defendant No. 2), who claimed exclusive ownership, to K.C. Kapoor (appellant). The plaintiff‑mother and her two grand‑sons challenged the sale, alleging that the property was joint Hindu family property, that the sale was…

Gulabbai, the landlord, sued Nalin Narsi Vohra and others for vacant possession of a shop and arrears of rent, claiming the tenants were defaulters and that she needed the premises for her husband’s tax‑consultancy office. The trial court and the Additional District Judge held that the tenants were monthly payers, not …

Jagdish Prasad, a tenant, was evicted by his landlord Angoori Devi on the allegation that he had sub‑let the premises to Pavan Trading Company. The trial court presumed sub‑letting solely from a photograph showing the son of the trading company’s proprietor in the shop, and ordered eviction. The Additional District Jud…

In the 51‑Phulpur Lok Sabha election, Kapil Muni Karwaria was declared elected after the Returning Officer rejected Chandra Narain Tripathi's nomination for lacking the required ten proposers under Section 33 of the Representation of the People Act, 1951, because the second proposer, Pramod Kumar, had been deleted from…

The appellant, a land‑holder under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, challenged a Collector’s order that allotted him twelve units of land, although he had claimed fifteen. The State of Bihar neither appealed the Collector’s order nor filed any cross‑objection.…

The appellant, Indian Drugs & Pharmaceuticals Ltd., entered into a contract with respondent No.2 for filling medicine vials, which was terminated on 1 April 1984. After discovering defects in the vials in 1985, the appellant sought reimbursement and invoked the arbitration clause (clause 19) to refer the dispute to an …

The petitioners sought a writ under Article 32 of the Constitution, claiming that the management of the Sawai Man Singh II Museum Trust by its Chairman, Lt. Col. Sawai Bhawani Singh, violated public interest and their fundamental rights under Articles 21, 49 and 51A(f). The Court held that the dispute was essentially a…

The plaintiffs, successors of an ex‑Zamindar, sued the State of Madhya Pradesh seeking declaration of Bhumiswami rights and a permanent injunction, claiming that the disputed land was Khud‑kasht (personally cultivated) and therefore exempt from vesting under the Madhya Bharat Zamindari Abolition Act. The revenue record…

The Chhattisgarh State Electricity Board rejected R. Vijaykumar's tender after a performance report, prepared by the appellants (public servants), found his equipment unsatisfactory. Vijaykumar unsuccessfully pursued civil remedies, withdrew his suit, and then filed a criminal complaint alleging forgery and conspiracy …

The Trustees of the Port of Bombay, a local authority, leased a plot to Mustafa Husein in 1945 on a monthly tenancy and he erected a permanent godown. In 1958 Husein sub‑let the godown to Maneklal & Sons, who thereafter occupied it. The Trustees obtained a decree for eviction against Husein’s heirs, but the sub‑lessees…

Chrisomar Corporation supplied bunkers to the vessel M.V. Nikolaos‑S owned by Third Element Enterprises and sued for unpaid invoices, leading to the vessel's arrest. The parties entered a settlement on 18 January 2000, but the vessel was re‑arrested on 2 May 2000 when payment was still outstanding. Respondent No. 1 (MJ…

The Union of India appealed against a Delhi High Court order that set aside a 1989 decree passed under Sections 30 and 31 of the Land Acquisition Act, 1894, which had awarded 87% of compensation to the respondents and 13% to the Gaon Sabha. The appellants alleged that the decree was obtained by fraud, claiming that the…

The Bar of Indian Lawyers filed a civil appeal challenging a National Consumer Disputes Redressal Commission (NCDRC) order that allowed a consumer complaint alleging deficiency in service against an advocate. The appellant argued that legal services are a "contract of personal service" and therefore fall within the exc…

Shakuntala, the natural daughter of the deceased Sunda Ram, sued to be declared owner of his property, challenging a registered adoption deed that named Jai Singh as an adopted son. The trial court and two appellate courts held that the adoption was invalid and decreed in favour of Shakuntala. On appeal, the Supreme Co…

The appellants filed a suit in 1961 seeking declaration of ownership and possession of certain immovable properties, which was tried under the Portuguese Civil Procedure Code. The trial court prepared an especificacao and questionnaire under Articles 515 and 516, but dismissed the suit. On appeal, various courts (Judic…

The Prabha Manufacturing Industrial Co‑operative Society was allotted an "industrial plot" with a self‑constructed shed by the Custodian of Evacuee Property in 1949. The Society later sought a permanent allotment, but the Custodian sold the land at auction in 1960 to the predecessor of Banwari Lal. The Society challeng…

The appellant sought compensation for land acquired by the State of Bihar and was awarded Rs. 20,231.67, which he contested as being far below the market value of Rs. 2,80,000. The matter was referred to a three‑member arbitration board, which confirmed the compensation award. The appellant unsuccessfully moved the Dis…

The partnership firm R.L. Kalathia & Co. was awarded a contract by the Gujarat State Government to construct the Fulzer Dam. During execution, the Executive Engineer ordered several additions and alterations, for which the contractor performed extra work and later submitted a consolidated claim. The contractor accepted…

The tenant (R. Kapilnath, deceased, through LRs) occupied a house owned by a temple and paid rent to the temple's pujari, Krishna, who filed an eviction suit under the Karnataka Rent Control Act, 1961. The Munsif Court granted eviction under clause (p) of Section 21(1) but not clause (h); the decision was upheld by the…

The original landlord filed an eviction suit under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, claiming a bonafide and reasonable requirement for the premises. After his death, his heirs amended the plaint to assert their own requirement of starting a grocery business due to a lock‑out at his f…

Standard Chartered Bank granted a home loan which the borrower defaulted on, leading the bank to invoke the SARFAESI Act and sell the mortgaged property at auction. The borrower challenged the sale before the Debt Recovery Tribunal (ORT) and later before the Debt Recovery Appellate Tribunal (DRAT), which, after a four‑…

The case concerned a transaction where the respondents sold a property to the appellants for Rs 45,000 and, on the same day, entered into an agreement for reconveyance of the same property upon payment of the same amount within seven to nine years. The respondents claimed the arrangement was a mortgage and that the deb…

The appellant, a co‑owner of an undivided family dwelling, sued to restrain the sale of his brother's half‑share to a stranger and to prevent the stranger from taking possession. The trial court granted an interim mandatory injunction, but the Bombay High Court set it aside, holding that the facts did not show a prima …

The plaintiff, a tenant, engaged an advocate to file a Special Leave Petition in the Supreme Court against an eviction order. The petition was dismissed as withdrawn, and the plaintiff sued the advocate for negligence and misconduct, claiming damages. The plaintiff died during the suit, and his legal representatives so…

The appellants, B.P. Moideen Sevamandir & Anr, challenged the dismissal of their second appeal by the Kerala High Court after a Lok Adalat failed to secure a settlement. The High Court had refused an adjournment request and dismissed the appeal, citing the appellants' alleged cantankerous behaviour before the Lok Adala…

The Delhi Development Authority (DDA) fixed a market value of Rs 7,50,00,000 for a leasehold plot and demanded Rs 3,62,44,420 as 50% of the unearned increase, which the respondents (heirs of the original sub‑lessee) challenged, arguing that later circulars issued by the Central Government and the DDA in 1999 waived the…

M.R.F. Ltd. had an agreement with the Kerala State Electricity Board (KSEB) to pay electricity charges within 15 days, with interest of 18% per annum on delayed payments. KSEB revised its tariffs in 1980, 1982 and 1984, which were struck down by the Kerala High Court, leading the company to pay only the unrevised rates…

The Birla Cotton Spinning and Weaving Mill had earmarked three acres for staff quarters in 1951; after the mill became non‑functional, its employees bought the land for residential use. The land was later included in a planned‑development acquisition under sections 17(1) and 17(4) of the Land Acquisition Act, 1894, wit…

The Supreme Court considered two distinct matters. In Official Liquidator v. Lakshmikutty, the Court held that Section 529 of the Companies Act, 1956 incorporates the set‑off rule of Section 46 of the Provincial Insolvency Act, so that where a creditor and a company in winding up have mutual dealings, only the net bala…

The Indian Council of Medical Research (ICMR) sought to acquire 40 guntas of land in Belgaum for a medical research centre, and the Land Acquisition Officer initially fixed compensation at Rs 1,050 per gunta. The reference court enhanced this to Rs 7,000 per gunta, and the Karnataka High Court further raised it to Rs 9…

Ladu Ram, the landlord, filed an eviction suit against tenant Ganesh Lal under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, alleging default in rent payment but did not seek a separate decree for recovery of arrears. The trial court provisionally determined the rent due under Sec…

Ali Ji Monoji & Co., a lessee, filed a suit for perpetual injunction against the Municipal Corporation of Bombay to stop demolition of alleged unauthorised structures under Section 351 of the Municipal Corporation Act. The municipal corporation issued a demolition notice, and the landlords of the property sought to be …

The Supreme Court examined an election petition challenging Dr. (Mrs.) Vimal Mundada’s election to the Maharashtra Legislative Assembly on the ground that she had appealed to voters on religious lines and promoted communal hatred through speeches delivered with her consent, allegedly constituting corrupt practice under…

The plaintiff, a former partner, sued his brothers for dissolution of a partnership and for accounts, alleging they had excluded him and falsified a partnership deed. He valued the suit at a nominal Rs.150 (Rs.50 each for declaration, accounts, and profit) and paid the corresponding court fee. The defendants contended …

Vinod Kumar Singh, who scored 54.4% in his LL.B., was denied admission to the M.A. Law programme of Banaras Hindu University because the university required a minimum of 55%. He filed a writ petition. The Allahabad High Court Division Bench pronounced a judgment in open court on 28 July 1986 allowing the petition and d…

Sh. Punnilal filed a civil suit seeking promotion from shunter to Driver 'C' and obtained a decree in 1984, which was confirmed and led to his promotion in 1986. He then applied under Section 15 of the Payment of Wages Act for back‑wages, and the prescribed authority ordered payment of Rs. 30,220. The Union of India ap…

The landlady (respondent No.1) leased a house in Chandigarh to Haryana Milk Food Corporation (respondent No.2) for the residence of its General Manager, R.P. Malhotra, who signed the lease on behalf of the corporation. After Malhotra left the corporation, the landlady stopped accepting rent and filed an eviction suit u…

The Supreme Court examined the interpretation of Section 6 of the Hindu Succession Act, 1956 as amended by the Hindu Succession (Amendment) Act, 2005. It held that the amendment confers coparcenary status on daughters—whether born before or after the amendment—on and from 9 September 2005, giving them the same rights a…

The appellant-landlord filed an eviction suit against the tenant under Sections 12(1)(a) and 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming default in rent and a bonafide requirement to use the shop for his son’s business. The trial court dismissed the rent default claim but upheld the evictio…

The landlord sought eviction of the tenant under sections 14(1)(a) and 14(1)(b) of the Delhi Rent Control Act, 1958, alleging that the tenant had part‑ended possession of a residential‑cum‑commercial premises by allowing his sons to run a tent‑house business there. The tenant contended that he retained exclusive legal …

The case concerned an eviction suit filed by a landlord under the Karnataka Rent Control Act against a tenant, H.S. Anand, who had deserted his wife, B.P. Achala Anand, leaving her in the tenanted matrimonial home. The wife sought to be impleaded and to contest the eviction, arguing that she retained a right to residen…

The appellants were cultivating tenants occupying land owned by the respondents, who sought eviction on the ground of rent arrears for 1958‑59, 1959‑60 and 1960‑61. The Revenue Divisional Officer (RDO) determined the arrears, granted the tenants six weeks to pay, and in the same order stipulated that failure to pay wou…

The plaintiff, who inherited a building leased to the defendant in 1940, served a notice to quit and filed an eviction suit in March 1964, relying on the exemption in Section 30(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In June 1964 the Amendment Act removed that exemption and, under Section …

The legal representatives of the deceased filed an execution petition that was granted by the District Munsif, directing delivery of possession of an undivided property to three decree‑holders. In the subsequent revision before the Madras High Court, only two of the three decree‑holders were impleaded, and the order in…

The State of Punjab acquired land in 1946 and 1965 for paramilitary purposes. An arbitrator awarded compensation in 1972, which was enhanced by the Additional District Judge in 1973 with a 15% solatium and 12% interest. The High Court modified the decree in 1986, applying the Land Acquisition (Amendment) Act, 1984, to …

The Supreme Court examined two Special Leave Petitions arising from a writ petition that alleged tampering of MD (Gynaecology) examination grade sheets to favour the daughter of the then Chief Minister of Maharashtra. The trial judge had held that the tampering was done by Dr. Rawal at the behest of the Chief Minister …

The appellant Jaswant Singh and the respondent Virender Singh contested the 1991 Haryana Legislative Assembly election, with the respondent declared elected. The appellant filed an election petition under Sections 81 and 83 of the Representation of the People Act, 1951 alleging irregularities, tampering of vote counts …

The respondents claimed tenancy rights over a 4.16‑acre plot based on a 1942 lease (Hatapatta) from the ex‑ruler and alleged continuous possession and cultivation even after the land vested in the State under the Orissa Estate Abolition Act, 1951. The State contested the authenticity of the lease, rent receipts, tenanc…

The appellant, Ram Chandra Singh, purchased mortgaged land at a court auction after the bank obtained a decree against the mortgagor for defaulting on a loan. The mortgagor and his sister obtained a consent order from the High Court directing payment of the decretal amount in instalments, but the appellant alleged that…

A large number of suits involving a religious community in Kerala were pending in various courts. The High Court and the State Government selected eight significant suits and created an Additional District Court to try them. After evidence was recorded, an application under Section 24(1)(b) of the Code of Civil Procedu…

The first appellant, married under Hindu law, obtained a divorce decree from a Missouri court on the ground of "irretrievable breakdown" after claiming a 90‑day residence in Missouri, while the parties had actually last lived together in Louisiana. The respondent contested the decree, arguing lack of jurisdiction and t…

The mortgagors filed a suit for redemption of a mortgage and the mortgagee claimed fixation of tenure under Sections 4A(1)(b) and 13 of the Kerala Land Reforms Act, alternatively seeking deemed Kudikidappu rights over three cents of land under Explanation IV to Section 2(25). The trial court rejected the Kudikidappu cl…

The Karnal Improvement Trust appealed against awards made by the President of a Tribunal under the Punjab Improvement Trust Act, 1922, where the President acted without the two assessors required by s.60(1). The High Court had upheld such single‑member awards based on the earlier decision in Sohan Lal v. State of Harya…

The Supreme Court examined a suit filed by a construction company for specific performance of a development agreement, in which the plaintiff later sought to amend the pleadings to implead a third‑party appellant and to declare a consent decree, issued in a related earlier suit, null and void. The Court held that the a…

The Supreme Court examined two civil appeals concerning applications under Section 8 of the West Bengal Land Reforms Act, 1955 for enforcement of a statutory right of pre‑emption. The respondents claimed that the applications were barred by limitation, while the appellants argued that Section 5 of the Limitation Act, 1…

The workman Udai Narain Pandey was engaged on a daily‑wage basis for a fixed tenure by U.P. State Brassware Corporation Ltd. His services were terminated on the expiry of that tenure, but he had rendered more than 240 days of service in the preceding year, making him a "workman" under Section 6‑N of the U.P. Industrial…

Saraswati and others filed a suit in a civil court for redemption of a mortgage on agricultural land, alleging that the mortgagee (the father of the original defendant) had taken possession and refused to surrender it. The defendants contended that the civil court lacked jurisdiction under Section 99 of the Andhra Prad…

The Madhya Pradesh Triathlon Association filed transfer petitions under Section 25 of the Code of Civil Procedure seeking relief against the Indian Triathlon Federation and others. The parties had earlier agreed to settle their disputes pursuant to Rule XIX of the Indian Olympic Association (IOA) Rules, which mandates …

The landlord, a partnership firm, sued its former tenant for possession of premises after a 21‑year lease expired. The partnership was unregistered when the suit was filed, raising a bar under Section 69(2) of the Partnership Act. The trial court and High Court held the suit maintainable and granted possession. On appe…

The appellants, landowners whose property was acquired under the Land Acquisition Act, 1894, challenged the High Court's restriction of their compensation to Rs.23 per square foot despite its finding that the market value was at least Rs.32.10 per square foot. The High Court had limited the award on the ground that the…

The tenant, Addissery Raghuvan, occupied two shop rooms in a building owned by the landlord, Cheruvalath Krishnadasan, who filed eviction petitions under Sections 11(2)(b), 11(8) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act, 1965, claiming a bonafide need for additional accommodation. The trial cou…

The landlords sued the tenants for eviction under sections 16(1)(c), 16(1)(e) and 16(1)(n) of the Maharashtra Rent Control Act, alleging illegal sub‑letting, nuisance from a food‑stuff business and non‑use of the premises as a book‑shop for more than six months before the suit. The trial court dismissed the suit, but t…

The Supreme Court considered appeals by several coal traders (including S.J. Coke Industries) seeking a refund of excess amounts paid under a government‑mandated e‑auction scheme for coal, which had been declared ultra vires and void by the Court in the Ashoka Smokeless Coal case. The Central Coalfields Ltd. (CCL) oppo…

Dr. Ambica Prasad filed an eviction suit against Abdul Karim, claiming ownership of the tenanted premises through exchange deeds executed with his brother, the original owner. The trial court held that the appellant was not the landlord, but the appellate court reversed this, finding him to be the landlord based on ren…

The Andhra Pradesh Public Service Commission (APPSC) appealed against a High Court order that declared the Government Orders (GOMs) of 31‑12‑1997 and the 27‑12‑2007 notification, which used a 1:50 shortlisting ratio irrespective of community, ultra vires Articles 14 and 16 of the Constitution. The Supreme Court examine…

The appellant, a widowed woman, filed a suit in 1990 seeking declaration of ownership of land inherited from her deceased husband and alleging that a consent decree dated 26‑03‑1985, which transferred the property to the respondents, was procured by fraud. The trial court, after evaluating testimonies of four witnesses…

The respondent, a government employee, was terminated from service, an order later set aside, leading to a claim for reinstatement and back wages. The Supreme Court examined whether the respondent was entitled to salary for the intervening period during which he was gainfully employed elsewhere, and whether he could cl…

The Supreme Court examined a civil appeal arising from a suit for recovery of possession of land. The plaintiffs claimed title based on inheritance, while the defendants asserted ownership either through a purported sale or by adverse possession. The High Court, in a Letters Patent appeal, held that a Division Bench ma…

The Assam Small Scale Industries Development Corporation (ASIDC) placed orders for medicines with J.D. Pharmaceuticals under the Assam Preferential Stores Purchase Act, 1989, but failed to pay the price despite receiving the goods. J.D. sued for the outstanding amount and interest under the Interest on Delayed Payment …

The Mysore Urban Development Authority (MUDA) had undertaken a land acquisition scheme which was later challenged by several writ petitioners. The Single Judge of the Karnataka High Court quashed the acquisition proceedings, prompting MUDA to file intra‑court appeals before the Division Bench. The respondents filed an …

A widow executed a will appointing her nephew as executor, who later created a trust (Vokkaligara Sangha) over the landed property. Disputes arose over ownership, leading to land‑reforms proceedings, a suit for declaration by the trust, and a settlement in which the trust limited its claim to a small portion of the lan…

The appellant's land, acquired under a notification issued pursuant to Section 4(1) of the Land Acquisition Act, 1894, was awarded compensation of Rs.10 per square yard by the Reference Court, relying on a Delhi High Court decision in A.N. Bialdari v. Union of India. The High Court had based its award on a market value…

The case involved a dispute between the heirs of the late Dwarka Prasad Agarwal and his partner Ramesh Chandra Agarwal over control of the printing press and newspaper business of Dainik Bhaskar. Ramesh Chandra Agarwal allegedly forged a lease, altered the partnership settlement, and took forcible possession of the pre…

The deceased, a junior public health nurse, died in a 2000 motorbike accident. Her husband and two minor children filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accidents Claims Tribunal awarded Rs.6,53,000. After ten years, the children alone appealed to the Kerala High Court, …

The appellant, a tenant, was sued for eviction by the respondents under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 on grounds of personal requirement (to open a clinic) and alleged rent default for three months. The trial court ordered eviction, and the appellate court dismissed the appeal, ignori…

The appellants were heirs of a grantee who received a 30‑year land grant under the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926, which could be renewed once for a total of 60 years. After the 60‑year period expired in 1994, the administration sought possession. The appellants repeatedly sought a fresh gra…

Mela Ram died leaving his mother Radha in possession of his property. Radha, a life‑tenant, later gifted and bequeathed portions of the property to her grandson Shiv Dass. The other daughter, Devki, challenged these alienations, claiming that she and her sister Durga were the reversionary heirs entitled to equal halves…

Prateek Gupta (father) appealed a Delhi High Court order that directed him to hand over his five‑year‑old son Aadvik, a U.S. citizen, to his wife Shilpi Gupta (mother) after she filed a writ of habeas corpus. The father had taken the child to India in 2015 without the mother’s consent, and the mother obtained custody o…

The decree-holder firm obtained a money decree against a judgment debtor and, during execution, the debtor's agricultural land was attached and auctioned, with the firm emerging as the successful bidder. The heirs of the debtor filed an objection under Section 47 of the CPC, alleging that the sale violated Section 63 o…

The respondent borrowed money from the appellant and executed a nominal sale deed and rent note for a house, claiming the documents were a sham and that the rent represented interest. The appellant sued in the Court of Small Causes for rent recovery, which decreed that the documents were a genuine sale deed, making the…

The appellant, a government servant, was dismissed by the Collector on 13 January 1966 and his appeal to the Divisional Commissioner was dismissed on 31 August 1966. He filed a suit on 30 September 1969 seeking a declaration that the dismissal was inoperative, but the trial court and the High Court dismissed the suit o…

The respondent, defeated in the 1991 Lok Sabha election, filed an election petition alleging corrupt practices under Sections 123(2), 123(3) and 123(3A) of the Representation of People Act, 1951. The appellant sought dismissal on three grounds: (i) the alleged corrupt acts occurred before he was a "candidate" as define…

A suit for partition of immovable property filed in 1938 in the Munsiff Court at Parappanangadi resulted in a preliminary decree in 1940 and lay dormant for over two decades. After a 1956 High Court order redefining territorial limits, the property fell under the jurisdiction of the Munsiff Court at Manjeri, where the …

The suit for eviction and recovery of rent was filed in 2002 under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Old Act). The suit was decreed in 2016 and affirmed on appeal, but the parties remained in dispute over mesne profits during the stay of execution. The tenants argued that Section 20 of th…

Respondents 1‑3 instituted a suit for specific performance of a sale of immovable property. They later filed an application (P‑2) and a joint statement (P‑4) claiming a compromise and seeking dismissal of the suit, but subsequently respondent 1 filed an affidavit (P‑5) alleging that he had never filed the suit and that…

The appellants, Sarwan Kumar and another, were heirs of a commercial tenant in a premises governed by the Delhi Rent Control Act, 1958. The landlord, Madan Lal Aggarwal, obtained an ex‑parte decree for ejectment and mesne profits from a civil court, which the appellants challenged on the ground that the civil court lac…

The appellant, Shanti Devi, sought to revive a writ petition filed by her late husband, a retired Coal India employee, challenging the stoppage of his pension and a demand for repayment of over Rs 8 lakhs. The earlier petition for refund of a smaller amount had been dismissed by the Patna High Court on the ground of la…

The petitioner, a former employee of Kuruppampady Service Co‑operative Bank, challenged his compulsory retirement through a series of proceedings, including a writ petition, writ appeal and a Special Leave Petition (SLP) in 2015, all of which were dismissed. He later filed a review petition in the Kerala High Court aga…

The appellant, a tenant of a Nohara, was sued by the landlord for rent recovery and eviction, alleging default and material alteration after the tenant raised the walls. The trial court found no arrears and held that the wall‑raising was with the landlord's consent and did not amount to a material alteration under the …

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the complainant's evidence was recorded by affidavit. The appellant later sought to have the complainant summoned again for examination in chief, invoking Section 145(2) of the Act, despite the affidavit already constituting …

The appellant, an 18‑year‑old student from a family of senior Supreme Court lawyers, suffered a 40% permanent disability in a motor accident. The Motor Accidents Claims Tribunal awarded Rs 8,48,000 compensation with interest; the Delhi High Court added a Rs 50,000 lump‑sum and later enhanced the award by Rs 24,000 on r…

The Supreme Court examined a long‑running partition suit involving three immovable properties. The parties had agreed to an inter‑party auction without a formal valuation, but the Commissioner of Partition and the Calcutta High Court failed to comply with mandatory provisions of the Partition Act, 1893, notably Section…

The deceased Diganta Sardar was killed in a bus accident in Hooghly, West Bengal, and his widow filed a claim for compensation under Section 166 of the Motor Vehicles Act before the Motor Accidents Claims Tribunal (MACT) in Kolkata, where the insurer had its business office. The Tribunal awarded Rs.16,12,200 as compens…

The appellants challenged the appointment of two Additional Advocate Generals by the Government of Andhra Pradesh, arguing that Article 165 of the Constitution permits only a single Advocate General and that the additional appointments were unconstitutional. The State contended that the appointments were necessary due …