Code of Civil Procedure, 1908

The appellants, members of a joint family, filed a suit for partition and separate possession of family properties listed in Schedules A and B, alleging that earlier 'nominal' sale deeds were merely temporary financing measures and that the family retained possession. The defendants moved to dismiss the suit under Orde…

A batch of five review petitions was filed challenging the Supreme Court's common judgment and order dated 06‑09‑2022 in Civil Appeals No. 1661 of 2020 and No. 2568 of 2020, which interpreted the interplay between Section 48 of the Gujarat Value‑Added Tax Act, 2003 and Section 53 of the Insolvency and Bankruptcy Code, …

Paramjeet Singh Patheja, a guarantor, challenged an insolvency notice issued under Section 9(2) of the Presidency Towns Insolvency Act, 1909 on the basis of an arbitration award rendered under the Arbitration and Conciliation Act, 1996. The High Court had held that the award constituted a decree for the purpose of the …

The mother of the deceased plaintiff filed a suit for permanent injunction against the appellant, claiming possession of land inherited from her husband. The plaintiff died and the appellant, an adopted son, was substituted as legal heir. The trial court dismissed both the suit and the counter‑claim but allowed the sub…

Shymal Kumar Roy and Sushil Kumar Agarwal entered into a development agreement in 1995. The agreement was exhibited as evidence in a suit for specific performance on 17‑02‑2003 without any objection. Two years later, Roy sought to have the document impounded under Section 38 of the Indian Stamp Act, claiming it was ins…

The respondent, a temporary instructor, was absent from work and later denied re‑employment by the appellant. He filed a writ petition in the Madras High Court seeking reinstatement and regularisation, which was dismissed along with his appeal. Subsequently, he raised an industrial dispute before the Labour Court, whic…

The Union of India and others appealed against the Gujarat High Court’s order allowing special civil applications filed by Adani Exports Ltd. and others seeking the benefit of a Pass‑Book Scheme under the Import‑Export Policy for shrimp exports. The central issue was whether the Gujarat High Court at Ahmedabad possesse…

The landlord, Sri Kempaiah, filed an eviction petition under the Karnataka Rent Control Act, 1961, claiming a reasonable and bonafide requirement for the premises and alleging arrears of rent. The trial court allowed eviction on the basis of bonafide requirement but rejected the landlord’s claim of arrears because he c…

The Supreme Court examined whether the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (the 1993 Act) applies retrospectively to supply orders placed before its commencement on 23‑09‑1992. The Court held that the Act is prospective, its liability arising only after the buyer …

The Samast Sunni Muslim Jamat filed a suit seeking ownership of land, which was partially decreed by the trial court. The Jamat filed an appeal, but withdrew it through a pursis citing a compromise agreement that was actually between two community groups, not the parties to the suit. The first appellate court disposed …

The State of Kerala issued a notification to declare certain lands as revenue forest, which the appellant's predecessor claimed title to. The Forest Settlement Officer rejected the claim, but the Additional District Judge allowed it on appeal under Section 11 of the Kerala Forest Act. The State appealed to the High Cou…

The appellant obtained a money decree against Mokshammal, an agriculturist, and had his property attached on 29‑12‑1974. The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 (Debt Relief Act) came into force on 10‑1‑1975, and under its Section 4 the execution against agriculturists was stayed; the execut…

The Supreme Court examined a second appeal (Civil Appeal No. 6060 of 2001) filed by Birendra Kumar Dubey and another against a judgment of the Patna High Court that had set aside the first appellate court's decision and restored the trial court's decree. The High Court had entertained the second appeal without first fr…

Smita Conductors Ltd. (appellant) and Euro Alloys Ltd. (respondent) entered into contracts for the supply of aluminium rods that contained an arbitration clause but were never signed by the appellant. The appellant opened irrevocable letters of credit and made shipments, but later invoked a force‑majeure clause after R…

The appellants, ICICI Ltd., filed a suit for recovery of a large sum and sought under Order 40 Rule 1 of the CPC the appointment of a receiver with authority to sell the respondents' immovable properties before any decree. The Bombay High Court dismissed the application, relying on a Full Bench decision in State Bank o…

The landlord filed an eviction petition under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, claiming a bona‑fide need for the suit premises. The tenant contended that the landlord already possessed an alternate residence at Subzi Mandi, which was concealed, and that the landlord shifted to the s…

The dispute involved two competing auction purchasers over a suit property that had been subject to a 1950 security deed (Exhibit A6) executed to raise an attachment before judgment. The trial court held that Exhibit A6 created a charge, granting the appellant a right to redeem the first mortgage but denying possession…

The appellants challenged the acquisition of land under the Rajasthan Land Acquisition Act, claiming that a subsequent order dated 4 November 1985 had regularised the conversion of agricultural land to non‑agricultural use and vested title in them. They relied on this order, which was produced for the first time before…

The Nizam's Jewellery Trust, created by the late Nizam of Hyderabad, authorized its trustees to sell jewellery at their discretion after a three‑year period. In 1978 the Board of Trustees resolved to sell 37 items, but only four of the five trustees opened the tenders and purportedly accepted bids without the Chairman’…

Ashok Kumar, the owner of a insured truck, filed a consumer complaint after his vehicle was stolen on 26 June 2008. The insurer, New India Assurance, repudiated the claim on the grounds of alleged breaches of policy conditions 1 (delay in intimation) and 5 (leaving the key in the vehicle). The original complaint filed …

The appellants obtained a final decree for a permanent injunction and applied to the Execution Court for its enforcement, seeking police protection under Section 151 of the CPC. The Execution Court granted the protection, but the High Court set aside the order, holding that the application should have been filed under …

The National Housing Bank (NHB) sued State Bank of Saurashtra (later merged with SBI) for recovery of a large cheque amount, alleging that the cheque was drawn for the purchase of IRFC bonds and that the defendant had misappropriated the funds. The case was tried before a Special Court established under the Special Cou…

The landlord filed a suit for eviction and recovery of rent arrears against the tenant, which was transferred from the Delhi High Court to the Additional District Judge after a jurisdictional amendment. The tenant received notice of an interlocutory application and the scheduled hearing date of 15 July 2004 but failed …

The appellant, a landlord, initially filed an eviction suit under the Karnataka Rent Control Act, 1961 on the ground of bona fide requirement, which he later withdrew after the tenant promised to vacate. When the tenant died and his son continued occupying the premises, the landlord filed a second eviction suit on the …

The appellants purchased agricultural land from vendors and the respondents, as co‑sharers, filed a suit claiming a statutory right of pre‑emption. The trial court decreed in favour of the respondents and they deposited the purchase money under Order 20 Rule 14 CPC. While the appeal was pending, the Haryana Amendment A…

The appellants, liquor contractors, were required to pay an additional 7.5% mahua and fuel cess on contracts awarded by the Madhya Pradesh Government. The High Court declared the levy illegal in Surajdin (1960) and Doongaji (1962), but the Government continued to collect it, resulting in the appellants paying Rs.54,606…

In a money suit based on a mortgage, a consent decree was passed and the decree-holder assigned his interest to Mahadeo Prasad Tibrewalla. After part‑payment, one judgment‑debtor died and his heirs were substituted. A 1953 consent order quantified the debt and prescribed satisfaction by conveyance of mortgaged houses, …

The case concerned the grant of probate of a 1999 will of Smt. Priyamvada Devi Birla (PDB) and earlier 1982 mutual wills executed by her and her husband. Several members of the Birla family filed caveats claiming a "caveatable interest" in the estate, while Rajendra Singh Lodha (RSL) sought probate and the discharge of…

The appellant, an iron‑ore exporter, claimed a rebate of Rs 62,46,548.10 from the Board of Trustees of Mormugao Port, alleging that the Board had unlawfully levied a surcharge and refused full rebate. The Board raised two defenses under Section 120 of the Major Port Trusts Act, 1963: that the appellant had not served t…

V. Sivaraman sued Shakunthala for a declaration of title and possession of a property. The trial court decreed in his favour, after which he sold the property to R.R. Chettriar and another purchaser, who were impleaded as respondents in the appeal filed by Shakunthala. While the appeal was pending, Sivaraman applied to…

Silverline Forum Private Limited, the new owner of a flat, obtained a decree for ejectment against its tenant Rajiv Trust for sub‑letting without consent. While executing the decree, the bailiff was resisted by the second respondent, a sub‑tenant of the first sub‑tenant, who claimed he was not a party to the decree. Th…

Subhash Desai, elected from Goregaon as a Shiv Sena candidate, was challenged by Sharad J. Rao of Janata Dal for alleged corrupt practices. The election petition alleged that Desai had appealed to voters on religious grounds, published a false newspaper report to vilify Rao, and incited communal hatred, violating Secti…

Parkash Kaur mortgaged her house to Sandhooran and the property was later sold at auction. She first filed an application under Order XXI Rule 90 to set aside the sale on 16 September 1974 and subsequently filed an application under Order XXI Rule 89 on 23 September 1974 seeking to withdraw the sale and recover the mon…

Basanagouda was elected to the Karnataka Legislative Assembly and was challenged by Dr. S. B. Amarkhed, the nearest unsuccessful candidate, who alleged booth‑capturing and rigging of votes. The High Court, relying on Order XI Rule 14 and Order XVI Rule 6 of the CPC, ordered the production of various election documents,…

Gouranga Chakraborty, a constable in the Border Security Force (BSF), was dismissed by the Commandant for overstaying leave and being absent without leave during a period of war. After being given a chance to explain, which he failed to utilize, he appealed internally without success and subsequently filed a civil suit…

The Jammu & Kashmir State Forest Corporation awarded a timber extraction contract to Abdul Karim Wani for 6 lakh cft. Wani later claimed entitlement to the remaining 4.08 lakh cft based on alleged custom, practice and assurances, which the Corporation denied. Wani filed an application under the Jammu & Kashmir Arbitrat…

The Supreme Court examined several election petitions filed by Dr. H.V. Hande challenging the election of M. Karunanidhi. The petitioners had deposited the required Rs.2,000 security for costs in the Reserve Bank of India on a pre‑receipted challan, and the petition included a photograph of a fancy banner but no copy o…

The case concerned a flat purchase where the buyer paid seven instalments totalling Rs 4,53,750, but the developer cancelled the allotment in April 2005 and issued a pay order for refund. The buyer filed a complaint under the MRTP Act (later transferred to the Competition Appellate Tribunal) seeking possession of the f…

Ajay Dabra filed suits for specific performance of two agreements for the sale of agricultural land in Himachal Pradesh, where the original seller had contracted with Himalayan Ski Village Pvt. Ltd., a non‑agriculturist. The sale was conditional on obtaining permission under Section 118 of the Himachal Pradesh Tenancy …

Mongia Realty and Buildwell Pvt. Ltd. (appellant) sued Manik Sethi (respondent) for recovery of alleged business loans, claiming the loans were repayable within one year of the last instalment and that the suit was filed within the limitation period. The respondent denied any loan relationship, asserting the payments w…

Shiv Developers, an unregistered partnership firm, filed a suit for declaration and injunction alleging fraud and non‑payment of consideration in a sale of its share in a property to Aksharay Developers. The respondents moved to dismiss the plaint under Section 69(2) of the Indian Partnership Act, 1932, arguing that an…

The plaintiff, Ghat Talab Kaulan Wala Trust, sued the sevadar Baba Gopal Dass for a mandatory injunction to remove him from managing the temple and its properties. The trial court denied the injunction but ordered rendition of accounts; the first appellate court decreed in favour of the trust. The High Court set aside …

The plaintiff filed a suit for specific performance of a contract dated 08‑08‑1984, which the trial court decreed in his favour. The first appellate court reversed that decree, dismissing the suit, and the plaintiff appealed to the High Court. The High Court dismissed the second appeal, holding that it did not raise an…

The landlords filed a suit for recovery of possession of a shop on the ground of bona‑fide need to start a kirana business for their unemployed sons, alleging willful default and change of usage by the tenants. The trial court and the first appellate court upheld the landlords' claim, finding a genuine need and grantin…

The Supreme Court examined whether Section 4(1) of the Benami Transactions (Prohibition) Act, 1988 could be applied to suits, claims or actions that were filed before the Act came into force, seeking to enforce rights over benami‑held property. The petitioners argued that the proceedings, initiated under the law then i…

The respondent filed a suit against the Coal Mines Provident Fund Commissioner without the notice required under Section 80 of the Code of Civil Procedure (CPC). The Commissioner contended that he was a "public officer" within the meaning of Section 2(17)(h) CPC, making the suit incompetent. The trial court and the Pat…

The landlord Suresh Chand let a premises completed in 1967 to tenant Gulam Chisti and filed an eviction suit on 27 May 1972, before the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 came into force on 15 July 1972. The tenant later deposited the arrears of rent and costs in September 1977, w…

The dispute involved a property originally leased to Burma Shell Oil Storage and Distribution Company, whose lease expired on 31‑12‑1997. The respondent, the absolute owner, filed a suit in 2006 seeking possession of the property, which was decreed in 2010, but did not claim damages for the period of unlawful occupatio…

The appellant, ELDECO Housing, filed a suit for specific performance of a Memorandum of Understanding (MoU) dated 31‑08‑1998 concerning the sale of a property, after learning that the vendor was attempting to sell to third parties. The respondent filed an application under Order VII Rule 11(d) CPC seeking dismissal of …

Anil Kumar Singh filed a civil suit for a permanent injunction over a parcel of land and obtained an ex‑parte temporary injunction. He later filed an application under Order XXIII Rule 1 of the CPC seeking to withdraw the suit, which the trial court allowed subject to payment of Rs 350 as costs to the defendant, a deci…

The Government of India had granted 3.563 acres of land in the Agra Cantonment to Hamid Ali Khan, who built a bungalow and later sold it with its appurtenant land to the petitioners. The petitioners sued the Union of India for arrears of rent, damages, and vacant possession of the bungalow and the surrounding land, whi…

The case concerned land acquired under the Land Acquisition Act that had been mutated in the name of Damoder Mahto. After Damoder's death, his widow Koleshra Devi (Kaulashwari) possessed a share of the land in lieu of maintenance. She executed a deed of gift on 7 May 1960 in favour of the appellants, heirs of Ram Layak…

The plaintiffs, descendants of Durga Malakar, filed a title suit claiming ownership of certain lands based on a will dated 8 October 1958 and a probate order. The defendants asserted title through a sale deed executed by Durga's widow Gandhari and a subsequent deed of exchange. The trial court ruled in favor of the pla…

Syedabad Tea Co. Ltd. owned three parcels of land in Bihar that were acquired by the State of Bihar in 1951 under the Land Acquisition Act. While the State of Bihar appealed the compensation awarded by the District Judge, the West Bengal (Transfer of Territories) Act, 1956 came into force, transferring the territory (a…

The appellant, a landlord, obtained a consent decree in 2005 allowing eviction of the respondents, tenants, upon default of rent. After the tenants defaulted, the executing court on 12 February 2013 ordered execution of the decree. Four years later the tenants filed an application before the same executing court seekin…

The Bank of India advanced a loan secured by equitable mortgages on several properties, the title deeds of which were deposited with the bank. After the borrowers defaulted, the bank invoked the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and aucti…

The dispute concerned a 3.27‑gunta parcel in Khairatabad village, originally granted to Smt. Prameela Modi by a supplementary Sethwar issued by the Nizam government in 1947 and subsequently confirmed by various revenue authorities. The State of Andhra Pradesh later claimed the land as Government property (Survey No. 11…

The petitioners, shareholders of two pharmaceutical companies, filed three suits seeking to restrain the transfer of their 4.91% shareholdings and obtained interim injunctions, which were later vacated by the trial and High Courts. The parties subsequently entered into a written settlement whereby the respondents would…

The appellant Regu Mahesh filed an election petition challenging the election of Rajendra Pratap Bhanj Dev from the Saluru (ST) constituency on the ground that the respondent did not belong to a Scheduled Tribe. The Andhra Pradesh High Court dismissed the petition, holding that it lacked proper verification, did not co…

The appellant, Antonysami, obtained a decree for specific performance of a sale, directing the judgment debtor to measure and demarcate the land by 23‑Sep‑1966 and to deposit the balance price by the same date. The appellant complied with the deposit, but the debtor delayed the measurement until 1973. An execution peti…

Mithlesh Kumar filed a suit for perpetual injunction against Manohar Lal to prevent construction that would violate a 1964 agreement restricting openings and structures on the land purchased by the respondent. The respondent argued that the agreement, though unregistered, was a compulsorily registrable document under S…

The Kerala State Electricity Board (KSEB) procured power through competitive bidding but accepted tariffs and quantities that deviated from standard bidding guidelines, leading to the execution of Power Supply Agreements (PSAs) for 865 MW. KSEB sought approval of these PSAs from the Kerala State Electricity Regulatory …

The plaintiffs filed suits in 2015‑2016 to cancel sale deeds executed in 2005, alleging fraud. The defendant moved to reject the plaints under Order VII Rule 11(d) of the CPC, contending the suits were barred by the 10‑year limitation period. The trial court and High Court refused to reject the plaints, holding that li…

Sanghi Industries Ltd invoked performance bank guarantees issued by Ravin Cables Ltd in respect of three purchase orders and subsequently commenced arbitration. Ravin Cables filed two applications under Section 9 of the Arbitration and Conciliation Act, 1996 before Commercial Courts seeking to secure the disputed amoun…

The appellant, an elder brother, purchased the southern half of a family property from his younger brother by a registered sale deed that recorded a nominal consideration of Rs 3,000, after paying Rs 12,000 to discharge the brother’s debts and avert a court‑ordered auction. The brother and his wife later claimed the de…

Arun Dev Upadhyaya appealed against a judgment of the Single Judge of the Bombay High Court that enforced an international arbitration award against one of the respondents but not the other. The appeal raised the question of whether a Letters Patent appeal could be filed before the Division Bench under the Commercial C…

The appellant sought a declaration that a property, which had been surveyed and listed as "Wakf‑Al‑Allah" and published in the Official Gazette on 2 December 1965, was in fact "Wakf‑Al‑Aulad". He filed a suit under Section 6 of the Wakf Act, 1954 on 17 January 1967, more than one year after the Gazette publication, con…

The appellant's wife died after a hysterectomy performed at a nursing home that lacked ICU facilities, despite her having uncontrolled high blood pressure and severe anemia. The appellant filed a complaint under the Consumer Protection Act, 1986 alleging medical negligence for proceeding with surgery without stabilisin…

The appellant, Yusuf Khan, owned a 2412 sq. yard property in Mumbai and entered into a development agreement on 23 June 2006 with two developers to construct a building, granting the developers a 50% share of the development potential. The developers failed to commence or complete construction within the stipulated 24‑…

The appellants, landlords, filed an eviction suit against the respondent tenant for non-payment of rent. The tenant filed his written statement after the prescribed period and failed to deposit the rent as required, prompting the plaintiffs to invoke Order XV Rule 5 of the Code of Civil Procedure to have the defence st…

The Supreme Court examined admissions to a private unaided medical college in Rajasthan where 117 students were admitted without a competitive entrance test, contrary to Regulation 5(2) of the MCI Regulations. The Court held that there was no consensual agreement between the college and the State to admit students on t…

The plaintiff, Mis. Shiv Cotex, sued the Punjab Financial Corporation for allegedly illegal takeover of its mortgaged assets under the State Financial Corporations Act, 1951. The trial court dismissed the suit after the plaintiff failed to produce evidence on three scheduled dates, invoking Order XVII Rule 3(a) of the …

The respondents filed a suit for partition and separate possession of a 7/8 share in a property, which was decreed in their favour. The decree was set aside by the first appellate court, but the High Court later restored it. After the original defendant died, his widow Ajambi (deceased) allegedly executed a Will on 20‑…

Defiance Knitting Industries filed a summary suit for Rs.98.81 lakh and applied for unconditional leave to defend under Order XXXVII Rule 3(5) of the CPC, which was rejected. The Bombay High Court, in a civil revision, directed the defendant to deposit Rs.20 lakh to show bonafides and allowed a subsequent application f…

A decree for a construction work claim was passed against the State of Rajasthan and the partnership firm Sharma & Co. The State recovered the decree amount and sought execution against the firm’s securities, including a house owned by partner Smt. Dhanwanti Devi, who had earlier executed a will bequeathing the house t…

The appellant, K. Rudrappa, sought to be recognized as the legal representative of his deceased father, who had an appeal pending for a land grant under the Karnataka Village Offices Abolition Act, 1961. Unaware of the appeal, the appellant learned of it only after receiving a letter from his father's advocate and prom…

The villagers of Kanardipura filed a suit in representative capacity under Order I Rule 8 of the CPC seeking declaration of title, permanent injunction and possession of land they claimed was grazing (Charnoi) land, not a grove. The Board of Revenue had earlier settled the land as a grove in favour of Kalu Singh’s heir…

The appellant, a tenant, occupied the first floor and barsati of a house in Defence Colony, New Delhi. The landlord, a doctor, sought eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises for himself and his family. The Additional Rent Controller dismissed the e…

The plaintiffs, Whirlpool Corporation and its Indian joint‑venture TVS Whirlpool Ltd., claimed prior use and trans‑border reputation of the word mark "Whirlpool" and alleged that the defendants, trustees of Chinar Trust and related entities, had obtained a registration for the same mark in 1992 on the basis of proposed…

Abdur Rahman & Ors appealed to the Supreme Court against a Karnataka High Court order that dismissed their appeal under Order 41 Rule 17 of the CPC because their counsel was absent. While dismissing the appeal, the High Court also examined the merits of the case and concluded that there was no ground for interfering wi…

Umri Pooph Pratappur (UPP) Tollways Pvt. Ltd. entered into a 2012 concession agreement with Madhya Pradesh Road Development Corporation (MPRDC) for a state highway project. Disputes over cost overruns and delays led the appellant to first file a reference before the Madhya Pradesh Arbitration Tribunal under the 1983 Ac…

The appeal arose from a Section 34 petition challenging an arbitral award where the filing party had not issued the prior notice or filed the required affidavit under Section 34(5) of the Arbitration and Conciliation Act, 1996. The Patna High Court had held the provision mandatory and dismissed the petition, but the Su…

The wife and children of the deceased Essanullah sued for possession of seven rooms in a property they claimed was self‑acquired by Essanullah. Defendants 1‑4 asserted they were tenants‑in‑common and claimed title by adverse possession, each occupying a distinct room. During the suit, Defendant 4 died and the plaintiff…

The petitioners challenged a High Court order directing them to file an election petition within three weeks of the writ petition's disposal and to have the Election Tribunal decide the matter without considering the statutory limitation of 30 days prescribed under Rule 3 of the Andhra Pradesh Panchayat Raj (Election T…

The petitioners, sons of a deceased plaintiff, applied to be added as parties to a specific performance suit after their father's name was deleted following his death. They alleged that the relinquishment deed signed by their father was forged and that being excluded would prejudice their rights. The trial court held t…

The petitioner obtained an injunction from a civil court restraining the respondent from constructing a building that allegedly infringed his easement of air and light. The respondent filed a writ petition under Article 226 against the Municipal Corporation, claiming the construction was authorized, and the High Court …

The Banco Nacional Ultramarino (BNU) operated branches in Goa, Daman and Diu until the territories were liberated from Portuguese rule in 1961. On the eve of liberation BNU transferred assets to its Lisbon head office, leaving local depositors and borrowers in distress. The President of India promulgated the Goa, Daman…

The case involved a joint Hindu family of three brothers who executed a partition deed on 07‑11‑1960 but continued to live and conduct business together, later executing a compromise decree on 06‑08‑1984 to settle disputes. The plaintiff challenged the decree, alleging fraud, misrepresentation and lack of free consent,…

Constable Oiler Singh of the CRPF left his camp without permission, consumed alcohol and quarrelled with civilians. The disciplinary authority dismissed him under Section 11(1) of the Central Reserve Police Force Act, 1949. Singh filed a civil suit seeking a declaration that the dismissal was illegal; the trial court s…

The respondents were appointed on an ad‑hoc basis as Lower Division Clerks and later regularized. They sought selection‑grade pay from the date of their initial appointment, relying on earlier circulars, while the State Government issued circulars stating that service for selection‑grade eligibility should be counted o…

The Supreme Court was asked to resolve a long‑standing controversy over whether courts exercising jurisdiction under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 can modify an arbitral award. The issue arose from the earlier decision in Project Director, NHAI v. M. Hakeem, where the Court held that …

The Supreme Court examined an appeal challenging a Bombay High Court order that disposed of a writ petition by adopting a "Minutes of Order" signed by counsel, without impleading parties who would be affected by the construction of a compound wall. The writ petition sought police protection for the wall's construction,…

The case concerned a second appeal pending before the Patna High Court in which the original defendant, Swami Shivdharmanand, had died, and two claimants sought substitution as legal representatives. The High Court, after a trial‑court enquiry under Order 22 Rule 5 of the CPC, substituted Swami Satyanand as the appella…

The appellant, a government contractor, entered into an agreement with the State of Tamil Nadu to strengthen a highway. The contract was partially terminated by the Superintending Engineer on 16‑12‑1999 for alleged lack of progress, leading the appellant to file a writ petition (dismissed) and subsequently a civil suit…

The appellants filed a suit seeking a declaration that certain Bangalore properties were joint family assets, along with a preliminary decree of partition and a permanent injunction restraining the defendants from constructing or alienating the land. The defendants contended that the properties had been partitioned in …

The plaintiff obtained an ex‑parte decree against the Charge Chrome Division of Orissa Mining Corporation before the division was taken over by the State of Orissa under the 1991 Ordinance. The State, not being impleaded, objected to execution of the decree on the ground that the decree was not binding on it. The Court…

The Supreme Court examined an appeal by the Shiromani Gurudwara Prabandhak Committee challenging a High Court decision that had been referred to a third judge on a difference of opinion. The Court held that, under the Letters Patent governing the Punjab & Haryana High Court, a third judge may be appointed even on factu…

The Supreme Court examined appeals by landowners (Meharban & others) against the State of U.P. concerning compensation for lands acquired under the Land Acquisition Act, 1894 for the planned development of Meerut City. The High Court had reduced the compensation awarded by the reference court to very low rates (e.g., R…

The State Bank of India (SBI) granted a packing credit to a partnership and secured it by an equitable mortgage of a shop and a personal guarantee. SBI obtained a composite decree comprising a money decree against all defendants, including the guarantor, and a mortgage decree for sale of the shop. The guarantor objecte…

Nachhattar Singh, a constable of the Punjab Police, was convicted under IPC sections 325 and 34 and sentenced to six months' rigorous imprisonment, leading to his dismissal from service. He filed a suit challenging the dismissal, which the trial court dismissed as barred by limitation; the First Appellate Court reverse…

The State Bank of Saurashtra extended a cash‑credit facility to Harilal Adatia on two securities: a pledge of 5,000 tins of groundnut oil and a personal guarantee by Chitranjan Rangnath Raja. The bank negligently lost the pledged oil tins while they were in its custody. After the principal debtor’s death, the bank sued…

The appellant, a registered contractor, was awarded a work order for a water supply scheme but faced non‑availability of specified pipes and was asked to substitute them, leading him to seek a modified rate. The respondents subsequently directed him to stop the pipeline work and commence a different project, while also…

The appellant Raghavendra Swamy Mutt challenged an interim injunction granted by the Karnataka High Court in a dispute with Uttaradi Mutt over possession of a religious property. The High Court, without first admitting the second appeal under Section 100 of the CPC or formulating the required substantial question of la…

In a suit for permanent injunction, the parties entered into a compromise decree dated 06‑09‑1996 requiring the defendant to pay a sum within six months. The defendant failed to pay, and the decree-holder filed an execution petition on 17‑02‑1997, before the six‑month period had expired. The defendant objected under Se…

The respondent filed a suit for specific performance of a sale agreement in 2007. In 2008 the plaintiff sought to amend the plaint to implead additional parties and to detail how the consideration was paid. The High Court allowed the amendment in part, which the appellant (defendant) challenged on the ground that it al…

The appellant, K.K. Velusamy, filed a suit for specific performance of a sale agreement, which he claimed was merely a security for a loan. After the evidence was closed, he sought to reopen the evidence and recall two witnesses to cross‑examine them about admissions recorded on a compact disc, alleging that the record…

In 1986 the original plaintiff filed an eviction suit which was later converted into a title suit after the defendant claimed ownership based on a sale deed dated 4‑Oct‑1985. The plaintiff failed to amend the pleadings to challenge that deed despite being directed to do so, and the suit remained pending for many years.…

The appellant, a married daughter of a deceased motor‑vehicle accident victim, filed a claim petition under Section 140(2) of the Motor Vehicles Act, 1988. The insurer contended that she was not entitled to compensation because she was not financially dependent on her father. The Motor Accident Claims Tribunal dismisse…

Maharashtra State Financial Corporation (MSFC) had sanctioned a loan to Crystal Marketing Pvt Ltd, whose directors stood as sureties. After default, MSFC invoked Sections 31 and 32 of the State Financial Corporations Act, 1951 to sell hypothecated property, and later, after a shortfall, issued notice to the sureties an…

The appellant, a partnership firm, owned a house property that was attached and proclaimed for sale under tax recovery proceedings. The property was auctioned in 1980 and a bid was accepted, but the tax demands against the firm were later reduced to nil after successful appeals before the Income Tax Appellate Tribunal.…

The respondent, a former constable of the Border Security Force (BSF), resigned after 12 years and 8 months of service under Rule 19 of the BSF Rules, 1969. The Government of India, relying on a 1995 Government Order, granted him full pensionary benefits, which were not released, leading to a writ petition and subseque…

The landlords filed an eviction petition under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965, which the Rent Controller accepted, directing them to sue in civil court. The tenant first sought relief under Section 72B of the Kerala Land Reforms Act, claiming assignment of title as a cultivating t…

The widow Jivani, after the death of her husband Bahadur Singh (the last male holder of tenancy rights), claimed to have created a joint tenancy with Jwala Singh under Section 59 of the U.P. Tenancy Act, 1939. The appellants, heirs of the original tenant, challenged the decree, alleging it was collusive and fraudulent …

The claimants filed a claim under the Motor Vehicles Act after the husband/father suffered a road accident, and the Motor Vehicle Accidental Claim Tribunal ordered the National Insurance Company to pay Rs.2,47,500. The insurer appealed to the Patna High Court, challenging its liability to pay, and the claimants filed a…

The Municipal Council of Raghogarh demanded external development charges of Rs.5 per square metre from National Fertilizers Ltd. and Gas Authority of India Ltd. for colonies they had constructed on forest land within the municipal limits. The respondents, both public sector undertakings, argued that they are not coloni…

The plaintiff, acting as administrator of his deceased sister's will, filed a suit for partition of her estate and related reliefs. The defendant moved an application under Order VII Rule 11 of the CPC, claiming the suit was barred by limitation. The trial judge dismissed the application, but the Division Bench of the …

Godrej & Boyce acquired a 133-acre parcel in Vikhroli, which was declared waste land and cultivated before 1951. The State later issued a show‑cause notice under Section 35(3) of the Indian Forest Act, 1927 (notice No. WT/53) in 1956‑57, but never served it or took possession, while repeatedly granting building permiss…

The appellants, tenant members of a housing co‑operative society, filed suits in the Bombay High Court seeking declaration that a resolution to sell society land and the subsequent conveyance to third parties were illegal and void. The respondents argued that the suits were barred by Sections 91 and 163 of the Maharash…

The plaintiff obtained a loan of Rs 70.30 lakh, secured by a cheque drawn in the name of a partnership firm, and filed a suit for recovery along with an application for attachment before judgment under Order XXXVIII Rule 5 CPC. The High Court rejected the attachment, holding that the loan was not for the benefit of the…

Mayar (HK) Ltd. and other plaintiffs filed an admiralty suit in the Calcutta High Court alleging that the carrier, Trustrade Enterprises PTE Ltd., failed to deliver 456 timber logs that were to be shipped on the deck of the vessel M.V. Fortune Express from Malaysia to Calcutta. The defendants argued that the Bill of La…

The appellant, having purchased a property bequeathed to a widow with a life interest, filed a title suit for eviction against M/s Nanee Printers, alleging that their 11‑year agreement dated 5 July 1976 was a revocable licence. The trial court held it a licence and dismissed the suit; the first appellate court reversed…

The plaintiffs, owners of a plot of land, leased it to the respondents who built a commercial complex and sub-let the shops. After the respondents defaulted on lease premium, the plaintiffs sued for arrears and eviction. The trial court decreed actual possession against the respondents and only symbolic possession agai…

The respondents filed eviction suits against tenant Harkesh Rai Agarwal in 1975, both of which were dismissed, after which a compromise decree was entered on 26 Nov 1981 whereby Harkesh Rai agreed to surrender a room now occupied by the appellant, Ram Chandra Verma. When execution of the decree was sought, the appellan…

The State of Haryana filed a Letters Patent Appeal against a judgment of the Punjab & Haryana High Court, but delayed filing the appeal by 109 days. The High Court refused to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court examined the meaning of "sufficient cause" and held that the pro…

The plaintiff, Hira Lal, claimed that his father was a sub‑tenant recorded in Khasra 1356 Fasli and had acquired adhivasi and sirdari rights under the U.P. Zamindari Abolition and Land Reforms Act, 1950, which extinguished the defendants' title. The trial court and the first appellate court rejected this claim, holding…

Motilal, the owner of Goyal Talkies, entered into a partnership with Ratanlal and later obtained a decree dissolving the partnership and ordering a refund after a compromise. Ratanlal subsequently filed a suit in 1980 seeking a declaration that the 1959 decree was a nullity and claiming possession of the talkies. The a…

Hasmat Ali filed a suit seeking a declaration that Amina Bibi was his tenant until 31‑03‑2003 and an order for eviction. The trial court decreed in part and directed the defendant to vacate the premises. The defendant's first appeal was dismissed, and a second appeal under Section 100 of the CPC was dismissed by the Or…

The appellant, a co‑owner of a house in Jabalpur, proved her title to the suit property through a series of registered sale and partition deeds and served a quit notice on the respondent, who had been a tenant of the original owner, Rai Bahadur Motiram Mathuradas. The respondent denied any landlord‑tenant relationship …

The plaintiff, Paragon Rubber Industries, filed a suit in the District Court of Kottayam seeking relief under the Copyright Act, 1957 and the Trade and Merchandise Marks Act, 1958. The defendants challenged the suit's territorial jurisdiction, arguing that the court lacked jurisdiction under the 1958 Act. The trial cou…

The State of Haryana acquired land under the Land Acquisition Act, 1894 and the reference court enhanced compensation in 1980, awarding 15% solatium and 6% interest. After the 1984 amendment to the Act, the landowners filed applications under CPC sections 151 and 152 in 1989 seeking the enhanced benefits of the amended…

The Supreme Court examined whether a bank, having filed an original application before the Debt Recovery Tribunal (DRT) for recovery of dues, must withdraw that application before invoking the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (NPA Act). It held that th…

The Uttar Pradesh State Road Transport Corporation (UPSRTC) prepared a draft scheme on 13‑Feb‑1986 to nationalise 39 bus routes under Section 68‑C of the Motor Vehicles Act, 1939. After objections were filed, the Motor Vehicles Act, 1988 came into force and the competent authority declared the scheme to have lapsed und…

The landlord sought eviction of the tenant under Section 14(1)(b) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming a bona‑fide need to demolish and rebuild the premises for better financial returns. The Rent Controller and the Appellate Authority rejected the petition, holding that the landlord m…

The Supreme Court dealt with a suit for specific performance of a contract to sell immovable land where the plaint failed to give a precise description of the property and no map was annexed. The trial court decreed specific performance, but the decree did not identify the land, leading to execution difficulties, inclu…

The appellant, the legal representative of the mortgagor, filed a suit for redemption of a usufructuary mortgage and possession of a shop. The defendant claimed the mortgage was a sham designed to evade rent‑control law and that the parties were landlord and tenant. The trial court and the first appellate court dismiss…

The Supreme Court examined whether the Tamil Nadu Government could prepare a supplementary promotion list after an annual list had been prepared, despite no vacancies existing on the prescribed date, when new posts were later created due to administrative reorganisation. It held that the Rules do not strip the Governme…

The appellants sought compensation for land acquired by the State under the Land Acquisition Act, 1894. After a notification in 1973, the Collector awarded Rs 10,080 per acre in 1975, which was later enhanced by the District Judge and the High Court to Rs 24,000 per acre. The High Court also awarded solatium, interest …

M.S. Ezhlitassan filed a suit for defamation which was dismissed, appealed and obtained a decree for damages. The respondent appealed, the High Court reversed the decree and dismissed the suit. While the appeal before the Supreme Court was pending, the appellant died. His grandchildren filed petitions to be substituted…

The appellant, a visually‑handicapped allottee of a fair‑price shop, challenged an appellate order that restored the original allottee's licence and cancelled her own allotment. The High Court dismissed her writ petition on the ground that she was not a necessary party. The Supreme Court examined whether a subsequent a…

The plaintiff (Inbasegaran) filed two suits against the defendant (S. Natarajan) – one for a permanent injunction to prevent forcible dispossession of a constructed building, and a later suit for specific performance of a sale agreement. The defendant contended that the second suit was barred by Order 2, Rule 2 of the …

The plaintiff entered into a 1989 agreement to purchase a house from defendant No.2, paid the full consideration, but the seller failed to execute the sale deed. The plaintiff filed two suits: one for permanent injunction to prevent dispossession by defendant No.1 and No.2, and another for specific performance of the s…

The plaintiff sought specific performance of a 1979 agreement whereby the first defendant, owner of a one‑third undivided share in a Bangalore property, through his brother (the second defendant) who held a registered power of attorney, agreed to sell the share for Rs 40,000. The plaintiff paid the full consideration b…

M/s AVK Traders, a registered partnership of two partners, filed a suit for recovery of dues against Kerala State Civil Supplies Corporation. During the pendency of the suit, the appellant's father, the other partner, died, causing the partnership to dissolve under its deed. The surviving partner applied to continue th…

The respondent, a former senior compositor, was removed from service in 1977 and later reappointed as a junior compositor on a temporary basis. He filed a declaratory suit challenging the removal and seeking pay adjustments, which was dismissed by the trial court. The First Appellate Court reversed the dismissal and, b…

Ram Prasad Sarma, who lost the 1999 Lok Sabha election for Tezpur to Mani Kumar Subba, filed an election petition alleging booth‑capturing and rigging. The respondent moved to dismiss the petition under Section 86(1) on three grounds: the petition was filed beyond the 45‑day limitation, a candidate (Abu Khayer) was not…

The Supreme Court examined whether an arbitrator can award interest for the period before a reference (pre‑reference period) under the Interest Act, 1839 when the arbitration agreement is silent on interest. The Court noted earlier decisions—Executive Engineer v. Jena, State of Orissa v. G.C. Roy, and State of Orissa v…

The appellant entered into an agreement of sale for immovable land that was described only in vague terms, lacking exact area, boundaries, and khasra numbers. The trial court granted specific performance without examining the identifiability of the property. On appeal, the lower appellate court held that the agreement …

The petitioners filed a suit for settlement of accounts and a declaration that they were entitled to recover damages under a contract dated May 12, 1983. They later applied, under Order VI Rule 17 of the CPC, to amend the plaint to convert the suit into a damages suit by quantifying the claimed amount. The trial court …

Mis Motors and Investments Ltd. had purchased 44 acres of land at a court auction for Rs 77,500 after no other bids were received. The land belonged to insolvent respondents whose interest vested in the official assignee, who was directed to sell the property. On appeal, other respondents offered substantially higher s…

In the 1980 Punjab Legislative Assembly election, Surinder Singh was elected but his victory was challenged on two grounds of corrupt practice under the Representation of the People Act, 1951: (1) alleged "undue influence" for disturbing an Akali Party meeting with firearms, and (2) alleged "bribery" for promising to h…

The appellant, Pandurang Jivajirao Apte, was the garnishee of property attached before judgment in a suit filed by the deceased R. G. Ashtakar for recovery of dues. Apte sold the attached property to Madhusudan Vasudeo Bavdekar under Section 176 of the Indian Contract Act after giving notice, but the sale proceeds were…

The appellants filed a declaratory suit challenging a relinquishment deed and were dismissed by the trial court on a preliminary issue of limitation, a decision affirmed by the first appellate court and the Delhi High Court. They contended that the limitation period should be extended to twelve years under Article 136 …

The case involved a series of civil suits filed in 2001 that had been repeatedly amended and impleaded, leading to a long pendency. The plaintiff sought to file a rejoinder after the defendants had filed written statements, but the trial court initially rejected the application, later allowing it on review. The High Co…

The dispute concerned a property on GT Road, Shahabad Markanda, where the plaintiffs alleged that the defendants had illegally broken the lintel of the first‑floor roof and constructed a staircase to take possession of their house. The trial court and the first appellate court, after considering the evidence including …

Respondent No.2 sued Respondent No.1 for refund of part sale consideration. Summons sent by registered post were returned with a "refusal" endorsement, which under Order V Rule 9(5) and Section 27 of the General Clauses Act is deemed to have been served. An ex‑parte decree was passed in favour of Respondent No.2, and t…

The deceased respondent Gurappa filed a suit in 1984 (O.S. No. 255) for declaration of title which was dismissed for lack of proper parties and proof of possession. He later filed another suit in 1993 (O.S. No. 39) seeking declaration of title, possession, injunction and correction of revenue records. The Municipal Cou…

The appellants, Ram Kumar and others, were allotted land in lieu of land acquired from their father, but the District Collector later revoked the order and directed that the land be handed over to the District Education Officer. The appellants served a notice under Section 80 of the CPC on the State Government through …

Kerala State Financial Enterprises Ltd., a government company, advanced a loan to Mis Concert Capital Ltd. and its sister concern, which defaulted. The appellant initiated recovery proceedings under the Kerala Revenue Recovery Act, 1968, resulting in attachment of the debtor's assets. While the debtor was undergoing vo…

The parties, who were co‑sharers, filed a suit for permanent injunction which was settled by a consent decree under Order 23, Rule 1 of the CPC allocating shares in the disputed property. The respondents sought mutation of their names in the revenue records based on that decree, but the revenue authorities refused, sta…

In the 2002 Uttar Pradesh Legislative Assembly election, Ram Bhual was declared elected. Defeated candidate Ambika Singh filed an election petition under Section 100(1)(c) of the Representation of the People Act, 1951, alleging that the Returning Officer had wrongly rejected the nomination of independent candidate Sita…

The buyer entered into a contract for steel bars and opened a Letter of Credit (LC) with the Issuing Bank. The seller presented documents, including forged delivery challans, to the Negotiating Bank (Federal Bank), which, after obtaining certification from the Issuing Bank that the documents appeared to comply with the…

Ms. Raj Mohini executed a 1985 will in favour of the Indian Red Cross Society and a later 1987 will revoking the former and bequeathing her assets to Joginder Pal. After her death, the Red Cross Society applied for a succession certificate, but the court dismissed the application and granted a certificate to Joginder P…

The landlord Sushila Devi filed an eviction suit under Section 20(4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging that the tenant had defaulted in rent for 33 months. The summons fixed the first hearing for 22‑Feb‑1990, but the tenant, who died in 1991, deposited t…

The parties entered into a building contract containing an arbitration clause. After a series of applications and a change of arbitrator, the Supreme Court appointed the final arbitrator and gave directions for the conduct of the arbitration. The arbitrator made an award on 11 November 1977 and, on advice of a court of…

The appellants filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging a decree. The High Court admitted the appeal but did not frame any substantial question of law before hearing, and only mentioned such questions in the judgment. The Supreme Court held that this procedure violates t…

The respondent, K.V. Abdul Khader, was Chairperson of the Kerala State Wakf Board and was elected to the Kerala Legislative Assembly. The appellant, Ashraf Kokkurr, filed an election petition alleging that the respondent was disqualified under Article 191(1)(a) of the Constitution because he held an office of profit. T…

The appellants (mortgagees) challenged a High Court order that had extended time for the mortgagor to deposit the amount representing the value of improvements on mortgaged property. The trial court had repeatedly extended the deadline under Order XXXIV Rule 5 of the CPC, and the mortgagor eventually deposited the sum.…

Bharat Sewa Sansthan, a charitable society, leased premises to U.P. Electronics Corporation Ltd. under a lease that contained an arbitration clause. The society sued for recovery of rent arrears, water and sewerage taxes, and interest, while the corporation moved for reference of the dispute to arbitration under Sectio…

The appellant, JSW Steel, was setting up a steel plant in Bellary, Karnataka and entered into a pipeline supply agreement with the respondent, Jindal Praxair, which contained an arbitration clause specifying Bombay as the seat of arbitration. A dispute arose and the respondent filed a petition under Section 9 of the Ar…

The appellant and the respondent entered into a 1983 agreement for the appellant to develop the respondent's property, with the respondent to execute a lease deed after construction, which was never done. The appellant filed a suit in 1990 seeking declaration of title, specific performance, damages and other reliefs. T…

The parties entered into a contract for constructing 140 temporary hutments which contained an arbitration clause. After delays, the arbitrator awarded the contractor a sum with 18% interest, but the subordinate court, in making the award a rule of court, did not grant interest under Section 29 of the Arbitration Act, …

The Supreme Court considered an appeal by Reliance Industries Ltd. against the Gujarat High Court’s dismissal of its review petition challenging a writ order passed under Article 226 that directed polluting industries to install effluent treatment. The division bench of the High Court had differed on the merits, and di…

The dispute concerned a deed of adoption executed by Mansaram in 1944, which the appellant Madan Lal sought to enforce. The trial and district courts dismissed the suit, but the Rajasthan High Court set aside those judgments, holding that Mansaram was not of sound mind when he executed the deed. The Supreme Court exami…

The appellant, a cargo importer, claimed damages from British Airways for loss of perishable goods shipped from Mumbai to Canada, filing suit in 2012. The trial court held the claim was not time‑barred, but the Bombay High Court dismissed it, holding that the two‑year limitation under Rule 30 of the Carriage by Air Act…

The appellant, Rupa Roy, and her 10‑year‑old son were injured when a high‑speed van collided with their rickshaw van, leaving the son with a medically certified 70% permanent disability. She filed a claim under Section 166 of the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal awarded a compensation of …

The decree‑holders obtained possession of a suit property under a decree of specific performance. Respondent No.1 (Shamsher Singh) claimed he had acquired title by adverse possession and filed an application under Order XXI Rules 98‑100 of the CPC seeking to be put back into possession. The executing court rejected the…

The deceased, a 46‑year‑old bank manager earning Rs.23,134 per month, died in a motor accident. The Motor Accident Claims Tribunal awarded compensation of Rs.24,12,936 with interest. The insurer appealed, and the High Court reduced the award by 30% on the ground of income‑tax deduction, bringing it down to Rs.16,89,055…

Nahar Industrial Enterprises Ltd entered into ISDA derivative contracts with Hong Kong & Shanghai Banking Corp. When disputes arose, Nahar filed a civil suit in Ludhiana seeking a declaration that the contracts were void and an injunction, while the bank filed an application before the Debt Recovery Tribunal (DRT) for …

The appellant-plaintiffs Nune Prasad & Ors filed a suit asserting ownership of a property. The trial court and the first appellate court upheld their claim. The defendant filed a second appeal under Section 100 of the Code of Civil Procedure before the High Court, which set aside the lower judgments without formulating…

The appellant (defendant) challenged the High Court’s decision that the plaintiffs were entitled to exclusion of the period between the withdrawal of an earlier suit and the filing of a fresh suit under Section 14 of the Limitation Act. The earlier suit had been withdrawn with the court’s permission under Order XXIII R…

Gopi Aqua Farms and others filed a writ petition under Article 32 challenging a 19‑Feb‑1991 notification issued under the Environment (Protection) Act, 1986, after the Supreme Court had delivered its judgment in Jagannath v. Union of India. The petitioners argued that they were not parties to the earlier case, that the…

The plaintiff, a merchant displaced from Uganda, filed a suit under section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 seeking eviction of the defendant who had licensed another person to occupy the shop as a godown. The defendant argued that eviction would cause him greater hardship …

The State of Haryana filed a second appeal against a judgment that declared a Gram Panchayat the owner of a 36-kanal piece of land. The High Court dismissed the appeal in limine, holding that it did not raise a substantial question of law under Section 100 of the Code of Civil Procedure. The Supreme Court held that the…

The Union of India filed a title suit claiming ownership of a plot of land, which the trial court dismissed on limitation and lack of evidence. The Union appealed under Section 96 of the CPC, also seeking to file additional evidence via Order 41 Rule 27, but the High Court dismissed the appeal in limine and rejected th…

The appellant, an unregistered partnership firm, entered into a construction contract with the respondent and later contested the respondent's claim in arbitration. The respondent argued that Section 69(3) of the Partnership Act, 1932 barred the firm from participating in arbitral proceedings because "other proceedings…

The appellant, P. Kumarakurubaran, was assigned a vacant site in 1974 and executed a power of attorney in 1978 for construction. His father later sold the property in 1988 to the defendant without authority, which the appellant discovered in 2011 and filed a land‑grabbing complaint. In 2014 he instituted a suit seeking…

The appellants, legal heirs of the deceased Kathiresan, filed suits seeking declaration of title and injunction over a suit land purchased by Kathiresan. The respondent, a relative, invoked Article 227 of the Constitution before the Madras High Court, seeking rejection of the plaints on the ground that they were barred…

The appeal concerned an application for letters of administration under Section 228 of the Indian Succession Act filed by the respondent after a probate was granted in England. The appellants argued that the application was barred by the three‑year limitation period under Article 137 of the Limitation Act, contending t…

Jagmohan Singh applied for a free‑hold residential plot under PUDA's scheme, deposited the required earnest money and was allotted a plot. The letter of intent required him to pay 15% of the price within 60 days, extendable by 30 days, failing which the earnest money would be forfeited. He sought extensions (granted up…

The dispute concerned the spiritual heirship and control of the Shri Ram Chandra Mission, a religious society, after the death of its founder. Members of the society filed a suit seeking an ex‑parte injunction restraining P. Rajagopalachari from acting as President, which was later set aside by the High Court and the s…

Smt. J. Mary Susheela, a teacher, filed a suit seeking a mandatory injunction to be assigned teaching work as per an alleged appointment. The trial court framed six issues but decided only the first, finding she was not entitled to the injunction and dismissed the suit. The Karnataka High Court on appeal expanded the s…

The plaintiff, represented by his legal heirs, sued for a declaration of title and a permanent injunction, claiming to be the son of the late Haritheertham and Mariyayee. The trial court dismissed the suit, finding the plaintiff had not proved his lineage or possession of the property. The first appellate court reverse…

Shree Chamundi Mopeds Ltd., a tenant of the Church of South India Trust, defaulted on rent and faced eviction under the Karnataka Rent Control Act. The company was also declared a sick industrial company by the Board of Industrial and Financial Reconstruction under the Sick Industrial Companies (Special Provisions) Act…

The original landlord filed an eviction petition under the Delhi Rent Control Act, but after the tenant denied the landlord‑tenant relationship, the landlord failed to produce evidence and the Rent Controller dismissed the petition without a finding on merits. After the landlord's death, his successors filed a fresh ev…

The case involved a partition suit concerning the ancestral and self‑acquired properties of the late Kumar Sahoo, claimed by his daughter Charulata Sahu and contested by the heirs of his son Prafulla Sahoo. The trial court issued a preliminary decree allocating a one‑sixth share to the daughter in ancestral lands and o…

The appeal concerned a suit for injunction and possession of a house, filed by the plaintiff under a claim of prior possession. During the suit one defendant died, and the remaining defendants, who were also his legal representatives, continued to defend the suit. The appellants argued that the suit should abate for no…

The appellants, employees of the Rajasthan Medical & Health Subordinate Service, applied for a three‑year General Nursing Training as in‑service candidates and sought to have their study leave treated as deputation. A Single Judge of the Rajasthan High Court allowed the petitions, directing the State to grant deputatio…

The appellant obstructed delivery of possession of land that the respondent had obtained by decree. The respondent filed an application under Section 151 CPC before the executing court, which recorded evidence and adjudicated the matter, effectively treating it as an application under Order XXI Rule 97. The executing c…

Shree Subhlaxmi Fabrics Pvt. Ltd. initiated arbitration against Chand Mal Baradia under a clause in their contract. Baradia filed a suit in the Calcutta Civil Court seeking an injunction to restrain the arbitration, claiming that no arbitration agreement existed and that the contract’s jurisdiction clause limited dispu…

In a suit for perpetual injunction, the appellants sought to restrain Smt. Venkata Subbamma (deceased) from alienating property granted to her under a 1969 compromise decree in a partition suit. After her death, the respondents, as legal representatives, claimed that Subbamma had executed a will in their favour, but th…