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4176 judgments · newest first · showing 1801–2000
The appellants filed a civil suit seeking declaration of ownership of certain properties. The trial court dismissed the suit, but the first appellate court set it aside in their favour. The respondents appealed to the High Court, which admitted the second appeal and framed six substantial questions …
The appellant (defendant) sought to enforce a maintenance decree against her husband, during which the husband executed a sale deed of the disputed property to the plaintiff. The decree was later executed by a court auction, where the decree‑holder purchased the property, and the sale was confirmed …
The appellants filed two suits claiming ownership and possession of a one‑acre plot, asserting title through their deceased father. The respondent countered that the land had been acquired by the State under the Land Acquisition Act, 1894, in 1941, and that ownership vested in the State thereafter. …
Canara Bank granted a loan to N.G. Subbaraya Setty, who signed an unregistered assignment deed transferring the trademark "Eenadu" to the bank as security. The bank later cancelled the deed, invoking the Banking Regulation Act, and both parties litigated in 2004 – the bank seeking to declare the …
The Sisters of St. Joseph of Cluny, a society that had established Cluny Women’s College as a secular institution, later applied to the National Commission for Minority Educational Institutions (NCMEI) for a minority status certificate, which was granted in 2007. The society and the college’s …
The original plaintiff, Sucha Singh, filed a suit for permanent injunction against the defendant in 1996, which he later withdrew with the court's permission to pursue appropriate proceedings before a competent forum. He subsequently filed a fresh suit for specific performance of the same agreement, …
The Supreme Court examined whether Section 84(2) of the Electricity Act, 2003 obliges a High Court Judge to be appointed as Chairperson of a State Electricity Regulatory Commission and whether a member of law is required on the Commission. By interpreting the statutory language, the Court held that …
The plaintiffs, sisters and co‑owners of ancestral land, alleged that their brothers fraudulently executed a registered sale deed in 1996, forging their signatures and thumb impressions, and transferred the property without their knowledge. Upon discovering the fraud in late 2012, they filed a suit …
The plaintiffs, members of a family, filed a partition suit for agricultural land which was decreed in their favour by the trial court. The defendants appealed and the first appellate court reversed the decree, relying on a document labelled Ex‑A. The plaintiffs then filed a second appeal, which the …
The appellant, a tenant, was ordered by the Rent Tribunal to vacate the premises within six months and to pay arrears of rent. The High Court later directed the tenant to deposit the arrears by 31 December 2017 and to pay mesne profits from 1 November 2017. The tenant failed to meet the deadline, …
The father of the parties, a self‑acquired owner of a house and a shop, decided to divide his property on 25‑Oct‑1992 but died on 10‑Sep‑1993. The surviving brothers recorded a memorandum of settlement on 9‑Sep‑1994, signed by their mother and sisters, allocating the entire property between them. …
The appellant challenged the election of respondent No.1 to the Andhra Pradesh Legislative Assembly on the ground that the Returning Officer had improperly accepted the respondent's nomination form, which contained blank columns and lacked signatures on each page, violating the Representation of …
The Board of Control for Cricket in India filed a Section 34 challenge to arbitral awards dated June 2015, and the award creditors sought execution. The award debtor argued that the pre‑amended Section 36 imposed an automatic stay on execution until the Section 34 petition was decided, while the …
The petitioners, owners of 1.52 acres of land, challenged a 1985 acquisition of their land by the State of Tamil Nadu under the Land Acquisition Act, 1894. The Single Judge of the Madras High Court allowed the writ petition and quashed the acquisition but gave no reasons or discussion of the issues. …
The Kerala State Electricity Board (KSEB) contracted with Kurien E. Kalathil to construct a dam, after which a government notification raised minimum wages, leading the contractor to claim labour‑escalation charges with interest (Ex.P‑20) and additional work charges (Ex.P‑59). The High Court ordered …
The appellant, Abdulrasakh, was elected to the Kerala Legislative Assembly in May 2016. Two voters filed an election petition under Section 123(4) of the Representation of People Act, 1951 alleging corrupt practices, and presented the petition on 1 July 2016. The High Court Registry returned the …
The appellant, an elderly man, was served with an ex parte decree by a family court for alleged non‑payment of gold ornaments and maintenance. He applied under Order IX Rule 13 of the CPC to set aside the decree and sought condonation of delay, but both applications were dismissed. He then filed a …
The appellants sought a declaration of ownership and possession of a 23‑acre land that had been auctioned in 1966 to satisfy income‑tax arrears. The auction sale was confirmed by the Deputy Commissioner, but the appellant’s predecessor challenged the confirmation under Section 177 of the Karnataka …
The appellant Sitaram was elected Chairperson of a municipal corporation, but the defeated candidate Radhey Shyam Vishnav filed an election petition under the Rajasthan Municipalities Election Petition Rules, 2009. The petition was filed without the mandatory treasury challan of Rs 1,000 required by …
Advanta India Ltd filed a complaint against advocate B.N. Shivanna alleging cheating, fraud and fabrication of documents, leading the Karnataka State Bar Council’s Disciplinary Committee to debar him for life. The Bar Council of India (BCI) on appeal reduced the punishment to 18 months, but …
The Life Insurance Corporation of India (LIC) sought eviction of several respondents from a licensed premises under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Estate Officer ordered eviction; the respondents appealed to the Appellate Officer, identified as the District …
The Supreme Court examined a second appeal filed under Section 100 of the CPC by Siri Bhagwan against a decree favoring Murti Devi's heirs. The Punjab & Haryana High Court allowed the appeal without hearing the contesting respondent (Surat Singh, appellant No.4) and framed the substantial question …
Sundaram Finance Ltd. granted a loan to Abdul Samad, who defaulted, leading to arbitration under the loan agreement. An ex parte award of Rs.12.69 lakh was made, and Sundaram sought execution of the award in the Morena court, which dismissed the application for lack of jurisdiction, directing the …
The plaintiff filed a civil suit in the Calcutta High Court for recovery of money and, after failing to serve the defendants by ordinary means, obtained permission to serve them by substituted service through newspaper publication. The summons published on 25 November 2014 instructed the defendants …
The appellants filed a civil suit seeking specific performance of an agreement, which the trial court decreed in their favour. The High Court single judge set aside that decree, and the appellants filed a Letters Patent Appeal (LPA) before the Division Bench of the High Court. The Division Bench …
The case arose from a civil suit in which the original defendant, Swami Sheo Dharmanand, died during the pendency of a second appeal before the Patna High Court. Two rival claimants each filed applications under Order XXII Rule 5 of the CPC, seeking to be recognized as the legal representative of …
Bengal Chemists & Druggists Assn. appealed against an order of the National Company Law Appellate Tribunal (NCLAT) that dismissed its appeal as not maintainable because it was filed nine days after the initial 45‑day limitation period and after the additional 45‑day grace period had also expired. …
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 …
M/s Neerja Realtors Pvt Ltd sued the deceased Janglu for specific performance of a land sale agreement. The trial court issued summons, but the bailiff reported that the defendant had vacated the premises and the summons were returned unserved. An application for substituted service under Order V …
The appellants filed a suit for specific performance of a sale agreement against four defendants. Defendants 1 and 2, the original owners, failed to sell the property and the suit proceeded ex parte, resulting in an ex parte decree. Defendants 3 and 4 successfully set aside the decree under Order 9 …
The plaintiff, N.C. Bansal, filed a civil suit seeking a declaration and permanent injunction concerning a property. The trial court dismissed the suit as non‑maintainable; an appellate court remanded the matter for trial. After remand, the plaintiff filed three applications: (i) under Order 7 Rule …
The appellants filed an ejectment suit under the West Bengal Tenancy Act to evict respondents Nos. 2‑5 for non‑payment of rent and other grounds. Respondent No.1, claiming co‑ownership of the suit premises, applied under Order I Rule 10(2) of the CPC to be impleaded as a co‑plaintiff. The trial …
The respondent operated a flour mill and related businesses from his residential premises, initially using electricity but from 2003 switched to diesel engines that caused severe vibrations and air pollution affecting the adjoining house of the appellant. The appellant filed a suit in 2004 seeking a …
The appellants, two brothers, filed a suit in 1985 seeking a declaration that they were entitled to two‑thirds of a family property and that a sale deed executed by their father in favour of the second defendant was not binding on their share. The suit was filed on behalf of the younger brother, who …
The Union of India, as the owner of land covered by an Old Grant, issued a notice to resume a 3.398‑acre property in Landour Cantonment occupied by Vijay Krishna Uniyal, who sued for a permanent injunction claiming ownership based on a 1980 sale deed and long possession. The trial court, the first …
The appellants sought a declaration that a temple they manage is their private family place of worship, not a public endowment. The Endowment Department contended that the appellants' father had endowed the temple as a Wakf, an entry of which (Exh. B6) appears in the Register of Endowments and was …
The suit concerned possession of a property claimed to be joint Hindu family property. The appellant, Raj Kumar Bhatia, sought to amend his written statement to elaborate that the property was coparcenary undivided HUF, an argument already contained in his original statement. The Trial Court allowed …
The appellant filed a partition suit for a family property and later sought to amend the plaint to claim a share in the sale proceeds of another family property sold in 2000. The amendment application was filed on 17 January 2011, before any evidence had been led, although issues had been framed and …
The landlord filed a suit in the Small Causes Court for recovery of rent and eviction of the tenant, claiming a rent of Rs.1500 per month. The trial court upheld this claim and decreed eviction, but the tenant obtained a revision from the High Court under Section 25 of the Provincial Small Cause …
The landlord Atma Ram Properties sued its tenant Oriental Insurance for possession, claiming that a huge property tax payable under the New Delhi Municipal Council Act, 1994 could be treated as arrears of rent, raising the total rent above Rs.3,500 per month and thereby removing the tenant’s …
The appellant purchased land from the original owner, Veerabasayya, and was given possession after paying earnest money, but the owner died before the sale deed was executed. The respondents, as legal heirs, sued for a declaration of ownership and possession, and the trial court declared them owners …
The appellant filed suit O.S. No. 6640/1996 for declaration and injunction over a piece of land, while the respondent filed a cross‑suit O.S. No. 2150/1992; both suits were clubbed and the trial court dismissed the appellant's suit and decreed the cross‑suit. The appellant then filed two first …
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 plaintiff purchased a plot from a housing cooperative society by a registered sale deed dated 29‑12‑1981 and was placed in possession. The defendant later encroached on the land and erected a hut, prompting the plaintiff to sue for possession and mesne profits. The trial court and first …
The appellant purchased a shop and sued the respondent for possession, alleging the respondent occupied the shop without any right. The respondent denied the appellant's title and pleaded adverse possession, claiming long possession. The trial court and first appellate court held in favour of the …
The appellant, Suresh Kumar, claimed that an agreement dated 24‑04‑1980 and a purported will of the original allottee, Ved Prakash Kakaria, entitled him to purchase a 114‑acre plot allotted by HUDA. After Kakaria's death, his heirs (respondents 1‑3) sold the land to respondent 4, prompting the …
The plaintiffs purchased a house in 1985 and sued the original defendant, who had been living in two rooms of the house even before the purchase, for a declaration of title and possession of the entire house. The trial court dismissed the suit, holding the defendant had acquired title by adverse …
The appellant Gujarat Urja Vikas Nigam Ltd. entered into a Power Purchase Agreement (PPA) with Solar Semiconductor Power Co. for a solar project, which stipulated a specific tariff and a control period ending on 28‑Jan‑2012. The respondent sought an extension of this control period, arguing that the …
The appellant participated in a public auction of four nazul plots and deposited a Rs.3 lakh security as required by the public notice. After his bid was accepted, the State officer sent a letter imposing four "special terms and conditions" which the appellant had not been informed of earlier, and …
Life Insurance Corporation of India (LIC) filed a suit in 1986 for specific performance of a sale agreement. In 2014, Kedia Construction Company (respondent No.3) filed a Chamber Summons seeking to be impleaded as Plaintiff No.3, claiming assignment of the original plaintiff's interest, and the …
The Kolkata Metropolitan Development Authority (KMDA) appealed against a Division Bench order that quashed its acquisition of a flat requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. The property had been under requisition since 1979 and the High Court, in 1993, …
The Supreme Court examined whether video conferencing could be used in matrimonial disputes under the Family Courts Act, 1984, particularly in transfer petitions. It held that Section 11 of the Act obliges the court to hold proceedings in camera if either party desires, and that allowing video …
The appellant filed a suit in 2008 to cancel a 1995 sale deed of land that had been purchased by defendant No. 7, who had died before the suit was instituted. The trial court dismissed the appellant’s application to bring the deceased defendant’s legal representatives on record under Order 22 Rule …
The Kutchi Lal Rameshwarsram Trust and Anna Kshetra Trust claimed ownership of land in Haridwar, asserting that it had been held by the trust for over forty‑five years based on a will and a declaration by the original purchaser, Mohan Lal. The Collector, Haridwar, on a complaint that Mohan Lal had …
The dispute arose when an arbitrator, appointed with the parties' consent, terminated the arbitration under Section 25(a) of the Arbitration and Conciliation Act, 1996 because the claimant failed to file a statement of claim within the time prescribed under Section 23(1). The claimant later filed an …
The operational creditor, Mis. Surendra Trading Co., filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against the corporate debtor, Mis. Juggilal Kamlapat Jute Mills Co. Ltd. The adjudicating authority identified procedural defects and gave the creditor seven days to …
The Punjab Wakf Board sued Dharampal (deceased) and others for possession of land it owned. Dharampal's heirs claimed title by adverse possession, asserting continuous possession since 1953 through his father. The lower courts initially upheld the board's claim, rejecting the adverse possession …
The Supreme Court examined appeals arising from the acquisition of 561.38 acres in Haryana where the High Court had fixed compensation at Rs.1.46 crore per acre by applying a 15% cumulative annual increase and relying heavily on the Swaran Singh judgment. The Court held that such reliance was …
Bharat Bhushan Bharti, calling himself the Mahant and Manager of the ancient Sri Laxman Sidh Maharaj temple, filed a civil suit seeking a declaration of ownership over the temple and its surrounding five‑acre land and a permanent injunction restraining the State and the Divisional Forest Officer …
Amardeep Singh filed a civil appeal challenging the Family Court's order granting a waiver of the six‑month cooling‑off period under Section 13B(2) of the Hindu Marriage Act, 1955, for a mutual‑consent divorce. The parties had been living separately for over eight years, had settled all pending …
Vijay Singh, a co‑sharer, filed a pre‑emption suit against Shanti Devi after a sale of jointly owned land. An ex‑parte decree was passed in his favour in 1990, but the decree was later set aside on the ground that the defendant had not been properly served. The amendment to Section 15 of the Punjab …
Bhargavi Constructions filed a civil suit for specific performance of a land sale, which was later settled by a written compromise and an award was passed by a Lok Adalat on 22‑08‑2007. The plaintiffs later alleged fraud and misrepresentation in obtaining that award and instituted a suit seeking its …
The plaintiff, a charitable society, filed a suit against another society and a person seeking a declaration that a sale deed concerning a piece of land was void. The plaintiff applied to the trial court for permission to prosecute the suit in a representative capacity under Order I Rule 8 of the …
Maharaja Amrinder Singh, a wealth‑tax assessee, challenged the High Court’s order that set aside the Income Tax Appellate Tribunal’s decision in his favour and restored a penalty assessment for the years 1981‑84. The revenue had appealed to the High Court under Section 27‑A of the Wealth Tax Act, …
Samar Kumar Roy filed a suit under Section 34 of the Specific Relief Act, 1963 (and Section 38 for injunction) seeking a declaration that his alleged marriage under the Special Marriage Act was void. The plaintiff died during the proceedings and his mother was substituted as his legal representative …
The appellant, MIS Raptakos, Brett & Co. Ltd., occupied premises leased to it until 1985. The respondent, Mis Ganesh Property, sued for possession and mesne profits in 1986; the court decreed possession in its favour but declined the mesne‑profit claim because the respondent did not press it. …
Siddalingayya sued the respondents for Rs 45,000 damages alleging illegal demolition of his construction. The respondents failed to file a written statement within the time fixed, and the trial court refused to extend the deadline, proceeding to decree in favour of the plaintiff. The respondents …
The plaintiff filed a suit for perpetual injunction over a parcel of land, which the trial court decreed in his favour. The defendants successfully appealed, and the first appellate court set aside the trial court decree. The plaintiff then filed a second appeal before the High Court, which restored …
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 …
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 …
The plaintiff, represented by his legal heirs, sued the defendants for ownership and possession of agricultural land, claiming inheritance rights, while the defendants relied on a will. The trial court granted only symbolic possession to the plaintiff, and both parties appealed. The High Court …
The appellants (defendants) challenged a summary dismissal of their second appeal by the Calcutta High Court, which had been filed against a decree granting partition to the plaintiffs. The High Court dismissed the appeal under Order 41 Rule 11 without stating facts, the parties' submissions, or …
The appellant (buyer) entered into a sale agreement where the seller was obliged to conduct a survey of the land before payment was due. The seller failed to conduct the survey, prompting the buyer to sue for specific performance. The trial court and the first appellate court both decreed specific …
Sejal Glass Ltd. filed a civil suit seeking a money decree and recovery of TDS from Navilan Merchants Pvt. Ltd. and its directors. The defendants moved an application under Order VII Rule 11 of the CPC, claiming the plaint disclosed no cause of action against the directors and seeking bifurcation of …
The State of Bihar filed a money suit seeking Rs 41,59,418 against Modern Tent House and others. The defendants denied the claim in their written statement and later applied under Order 6 Rule 17 of the Code of Civil Procedure, 1908 to amend the statement by adding two paragraphs that merely …
The appellants filed a suit in 1962 seeking a declaration of customary rights over agricultural land under the Punjab Custom (Power to Contest) Act, 1920. The trial court dismissed the suit, but the appellate court in 1965 decreed in favour of the respondents, and the decree became final as no …
The appellant, Terapalli Dyvasahata Kumar, filed a petition under Section 23 of the Andhra Pradesh Societies Registration Act, 2001, seeking declarations and injunctions concerning the management of a society. The District Court allowed the petition, holding that "District Court concerned" should be …
MIS Misra & Co. was awarded Rs.5,78,873 by an arbitrator in 1988 for a construction contract with Damodar Valley Corporation (DVC). The Civil Court made the award a decree on 16 March 1991, but DVC neither paid nor appealed, and due to repeated objections the formal decree was only prepared on 21 …
The original plaintiff, J. Vasanti & Ors., filed a suit seeking a declaration that several sale deeds relating to her inherited property were null and void and also sought a permanent injunction. The defendants argued that the plaintiff, being a party to the sale deeds, was effectively seeking …
The petitioner sought transfer of a divorce and child‑custody petition from the Family Court in Alappuzha, Kerala to the Family Court in Chennai, Tamil Nadu. The respondent argued that, following the Supreme Court’s decision in Krishna Veni Nagam, the matters could be dealt with via …
The appellant challenged a Karnataka High Court judgment that dismissed a first appeal against a trial court order directing rectification of a partition deed. The High Court had merely reproduced portions of the trial court judgment and quoted documents without analysing the evidence or addressing …
The 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 …
The plaintiff obtained an ex‑parte decree for specific performance of a 1995 agreement. The defendant filed an application under Order IX Rule 13 CPC to set aside the decree, but it was dismissed in default and the defendant died shortly thereafter. The legal heirs filed a restoration application …
The appellant, representing the deceased Dr. Manjeet Kaur Monga, challenged the cancellation of a flat allotment by the builder K.L. Suneja & Ors., alleging unfair trade practice before the Competition Appellate Tribunal (CAT). The CAT awarded compensation under Section 12B of the Monopolies and …
The dispute involved a residential house in Munger, Bihar, owned by Hira Mistry, whose eviction decree against tenant Surendra Narayan Sinha was eventually reversed. An agreement to sell the house to Vijay Kumar was executed in 1983 while eviction proceedings were pending, leading to a …
The Punjab State Civil Supplies Corporation Ltd. obtained a money award of Rs.10,24,847.15 from Mis Atwal Rice & General Mills in an arbitration proceeding, which became final after the respondents' Section 34 challenge was dismissed. The appellant filed an execution petition under Section 36 of the …
The sole arbitrator, on 7 October 2010, issued an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 prohibiting the disposal of any flats without its leave. The respondent transferred five flats on 14 October 2010, breaching that order, and the arbitrator later found the …
The appellant, Navnirman Development Consultants, was awarded a contract to construct a sports complex for a government agency, completed the work, but was not paid for its bills. The parties' agreement contained an arbitration clause, and when the respondent failed to constitute an arbitral …
The Supreme Court examined an arbitral award granting Buildworth Pvt. Ltd. price‑escalation, idling‑charges and interest against Assam State Electricity Board. The Board argued that the award exceeded the contractual ceiling for escalation, ignored the claimant’s contributory delay, and that …
The appellants filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, claiming personal necessity for premises they alleged they owned and had leased to the respondents. During the trial the respondents sought to amend their written statement to deny the …
The mother, Nithya Anand Raghavan, removed her seven‑year‑old daughter Nethra from the United Kingdom to India and the father filed a writ of habeas corpus in Delhi seeking the child's production and compliance with a UK court order directing her return. The Delhi High Court ordered the mother to …
The appeal concerned a suit for eviction filed by D.C. Harris (respondent) against tenants D.N. Joshi and others (appellants) who challenged the respondents' title to the premises. The title derived from a 1949 gift deed by Akhtari Begum to her brother Zamir Ahmad, followed by a 1965 sale deed to …
The Supreme Court dismissed appeals concerning the administration of Parish Churches within the Malankara Church, which has been divided between the Patriarch faction and the Catholicos faction. The core dispute was whether the 1934 Constitution of the Malankara Church or individual Udampady …
Allokam Peddabbayya and another bought a property in 1985 that was under an equitable mortgage created in 1979 by Defendants 3 and 4 in favour of Allahabad Bank. The bank foreclosed on the loan, obtained a decree in 1991 and the property was auctioned in 1993, with a sale certificate issued to the …
The consortium of banks sought recovery of large debts from respondents, including guarantor Respondent No.3, who received US$40 million and was ordered by the Supreme Court on 7 April 2016 to disclose all assets. Respondent No.3 failed to disclose the overseas account used for the transfer and …
The father‑in‑law filed a suit in the Judge, Small Causes Court seeking possession of a flat, claiming he was the licensor and the daughter‑in‑law a gratuitous licensee. The daughter‑in‑law filed a counter‑claim for a residence order under Section 19 of the Protection of Women from Domestic Violence …
The appellant, an auction purchaser, bought a schedule property attached in execution of a decree for a loan granted by State Bank of India to the judgment debtor, Samanthapudi Vijaya Lakshmi. The property was proclaimed for sale on 5 October 1999, a 15‑day notice was issued, and the auction was …
The Supreme Court examined a second appeal in which the original appellant and two respondents had died during its pendency. No application under Order XXII Rules 3(2) and 4(3) of the Code of Civil Procedure, 1908 was filed to substitute their legal representatives within the prescribed 90‑day …
The Supreme Court examined a suit for partition of ancestral land filed in 1979 by the heirs of Anandibai, who had inherited the property of a full‑owner Hindu female, Shakuntalabai, who died in 1962. The appellants argued that the suit was barred by the Limitation Act, 1963, Article 65(b) and by …
Balaji Singh filed a suit for declaration of title and permanent injunction which was dismissed by the trial court. On appeal, the first appellate court allowed him to file additional evidence under Order 41 Rule 27, set aside the trial court decree and remanded the case to the trial court for a …
The husband Kalyan Dey Chowdhury and his wife Rita Dey Chowdhury (née Nandy) were married in 1995 and later divorced. The wife sought permanent alimony under Section 25 of the Hindu Marriage Act, which was initially set at Rs.16,000 per month in 2015. The husband’s net salary rose from Rs.63,842 to …
Madanuri Sri Rama Chandra Murthy filed a suit seeking cancellation of a sale deed, alleging that the land was Wakf property. The defendants moved an application under Order VII Rule 11 of the CPC for rejection of the plaint, which the Wakf Tribunal allowed, finding the suit meritless and barred. The …
The respondents filed a civil suit seeking a permanent injunction and, by implication, a declaration of title over certain land. The trial court decreed in their favour, but the first appellate court dismissed the suit. On second appeal, the High Court held the suit was only for a perpetual …
The plaintiff filed a civil suit seeking declaration of tenancy and a permanent injunction, and during the suit applied for a temporary injunction under Order 39 of the CPC. The trial court granted the injunction, directing a status‑quo and finding the plaintiff prima facie in possession. On appeal, …
Dagadabai, the heir of the deceased Muslim landowner Rustum, filed a suit for possession of agricultural land against Abbas who claimed to be Rustum's adopted son and also pleaded adverse possession. The trial court and the first appellate court held that adoption is not recognized under Mohammedan …
Mis Unichem Laboratories Ltd., a company that provided housing to its industrial workers under the Uttar Pradesh Industrial Housing Act, 1955, sought eviction of Rani Devi and others who continued to occupy a quarter after the original allottee, Dharam Dev Yadav, retired and later died. The company …
Power Machines India Ltd obtained an arbitral award under the Micro, Small and Medium Enterprises Development Act, 2006 directing it to pay a sum to Lakshmi Engineering Industries. The State of Madhya Pradesh, invoking Rule 5 of the Madhya Pradesh MSME Facilitation Council Rules, 2006, sought …
The Steel Authority of India, a public sector steel manufacturer, imported graphite electrodes from China and challenged a notification imposing anti‑dumping duty on such imports. The challenge was dismissed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which upheld the …
Vipulbhai Mansingbhai Chaudhary, who continued as Chairman of a district cooperative milk union beyond his three‑year term, was served a show‑cause notice under s.76B(1) and (2) of the Gujarat Co‑operative Societies Act, 1961. The Registrar removed him and disqualified him for three years; a later …
The Kaushik Cooperative Building Society claimed ownership of land in Survey No.129/68 Paiki based on a 1976 decree in a specific‑performance suit (CCCA No.14 of 1972). Subsequent land‑grabbing suits (LGC Nos.46/1989, 29/1992, 15/1996) were dismissed, confirming the same title. Later, a new …
The parties entered into a written construction contract on 06‑06‑2009 containing an arbitration clause. Disputes over construction quality led to a meeting where the contract was terminated by mutual consent and an oral agreement was made with the husband of the original contractor to supervise the …
The Himachal Pradesh Financial Corporation (HPFC) sought recovery of two defaulted loans from Anil Garg and others. HPFC had earlier filed a money suit which was withdrawn in order to pursue faster recovery under the Himachal Pradesh Public Moneys (Recovery of Dues) Act, 1973. The respondent filed …
The appeal arose from a suit filed in 1988 by the great‑grandson and great‑granddaughter of Perumal Naidu (plaintiffs) seeking declaration and possession of properties that had been bequeathed by their great‑grandmother Alamelu Ammal to her sister Ramanujatha Ammal (defendant). The plaintiffs …
Manti Devi and her son filed an eviction suit in the Munsif Court seeking possession of two katras on the ground of personal necessity, claiming to be landlords after purchasing the property. The trial court decreed eviction in their favour. The tenants appealed to the High Court in revision, which …
The case concerned a long‑standing partition suit over the matruka property of the late Nawab Jung, in which Defendant No.1 (Hamid Ali Khan) sold his share of 68 acres 10 guntas to Bala Mallaiah on 23‑Nov‑1959. The sale was challenged on the grounds that it was made during the pendency of the …
M/S. Brakewel Automotive Components (India) Pvt. Ltd. obtained a decree for recovery of a sum of money from P.R. Selvam Alagappan. The respondent filed an application under Section 47 of the Code of Civil Procedure, 1908, challenging the executability of the decree on grounds of alleged mis‑joinder …
The Supreme Court examined a dispute arising from a 1968 joint and mutual will executed by a husband and wife, which earmarked their properties for charitable purposes and granted the surviving spouse absolute rights to deal with the property. The Court held that the suit was not barred by Section …
The wife, residing in Hyderabad with her minor daughter, sought transfer of a divorce proceeding filed by her husband under Section 13 of the Hindu Marriage Act in the Family Court of Jabalpur, citing hardship in traveling to the forum. The petition raised whether a transfer under Section 25 of the …
The municipal corporation (Faridabad Complex Administration) appealed to the Supreme Court against the High Court of Punjab and Haryana's dismissal of its second appeal filed under Section 100 of the Code of Civil Procedure. The corporation sought to overturn a decree that had upheld a suit filed by …
Mohan Kumar purchased land in 1941 and later the State and municipal authorities constructed temples, latrines and other structures on it. The Collector ordered removal of the encroachments and suggested allotting alternate land, but the valuation of the appellant’s land (Rs 150 per sq m) was lower …
The appellant, owner of a Chennai property, entered into a sale agreement with the respondent on 5 March 1989, received more than 50% of the purchase price and promised to execute the sale deed by 31 December 1989. The appellant later refused to execute the deed, prompting the respondent to file a …
The Supreme Court dismissed a Special Leave Petition filed by SASI (D) through LRS against orders of the Kerala High Court that dismissed a second appeal (9 March 2012) and a review petition (26 October 2016). The review petition, filed on 20 September 2012, was barred by limitation and remained …
Oil & Natural Gas Corp. Ltd. (ONGC) appealed to the Supreme Court against the order of the Appellate Tribunal for Electricity which denied its claim for a refund. The appeal was filed more than 71 days after the 60‑day period prescribed under Section 125 of the Electricity Act, 2003, and beyond the …
The dispute concerned a property waqfed in 1940 by Swami Satya Dev to Respondent No.2 (Prachaarini Sabha) for the purpose of promoting Hindi language, establishing a library and other charitable activities, subject to conditions prohibiting sale or mortgage. The appellants, interested in ensuring …
The State of Haryana acquired large tracts of land for an industrial model township, vesting the land in the State after the Collector’s award. The Haryana State Industrial Development Corporation (HSIDC) later allotted part of this land to Maruti Suzuki India Ltd (MSIL) under a deed that required …
The appellant-landlord filed a suit in 1992 seeking a permanent injunction against the tenant for constructing a permanent structure without consent, invoking Section 13(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The trial court partially decreed the suit, but the High …
The appellants entered into an agreement to sell a residential property to the respondent for Rs 1.60 lakh, receiving Rs 60,000 as advance, with the balance to be paid on execution of the sale deed. The deed was not executed within the stipulated period and the respondent sued for specific …
Zenith Infotech Ltd filed a reference under the Sick Industrial Companies (Special Provisions) Act, 1985 before the Board for Industrial and Financial Reconstruction (BIFR). The Registrar of the Board refused to register the reference on the ground that the company was not an "industrial company" …
The plaintiff obtained a decree for permanent injunction restraining the defendant from interfering with his immovable property. The judgment‑debtor died shortly thereafter, and his heirs attempted to dispossess the plaintiff, prompting the plaintiff to file an execution petition. The issue before …
The dispute involved a brother (appellant) and his sister (plaintiff) over ownership of a family property in Aurangabad. The sister claimed inheritance under Mohammedan law, while the brother asserted that the property was self‑acquired through a registered sale deed and adverse possession. The …
The appellants were admitted to MBBS courses in Madhya Pradesh through a systematic fraud involving computer manipulation, roll‑number tampering and assistance from meritorious candidates. Vyapam cancelled their admissions, a decision upheld by the High Court and earlier by this Court. The …
M/s Chakreshwari Construction Pvt. Ltd., the owner of a shop leased to Manohar Lal, filed an eviction petition under the Rajasthan Rent Control Act, 2001 alleging subletting and lack of alternative accommodation. After the trial evidence was closed, the appellant sought to amend the petition under …
The plaintiff claimed to have purchased 2.73 acres of land that he said formed part of Survey No. 188 and sought a declaration of title and a mandatory injunction to have his name entered in the revenue records. The trial court and the first appellate court held that the plaintiff had not correctly …
The respondents filed an eviction petition before the Delhi Rent Controller seeking to evict the occupants of a shop. The appellant, Richard Lee, claimed to be a partner in the firm K.K. Lee, which he alleged was the actual tenant, and moved an application for impleadment as a necessary party under …
Gautam Mazumdar died in a road accident in 2007, and his widow and minor daughter filed a compensation claim before the Motor Accident Claims Tribunal (MACT). MACT dismissed the claim for lack of territorial jurisdiction and the review petition was also dismissed. The appellants then filed a …
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 …
The New Okhla Industrial Development Authority acquired land of several owners in 1990‑1992 using the urgency provision of Section 17 of the Land Acquisition Act, 1894. The owners challenged the acquisition in the High Court, which dismissed their writ petitions, and the Supreme Court upheld the …
The Haryana Urban Development Authority (HUDA) conducted an auction of a 9.527‑acre commercial tower in Gurgaon, where Orchid Infrastructure Developers (formerly Bhudeep Builders) submitted the highest bid of Rs 111.75 crore and deposited 10% on the spot. HUDA, through its Administrator, rejected …
The Special Land Acquisition Officer, KIADB, sought to acquire land under the Karnataka Industrial Areas Development Act, 1966 (KIAD Act) and issued preliminary and final notifications in 2000 and 2005. The respondents challenged the acquisition, arguing that no award under Section 11-A of the 1894 …
Kuldeep Singh Pathania, who lost a 2012 Himachal Pradesh Legislative Assembly election, filed an election petition under Section 100(1)(d)(iii) of the Representation of the People Act, 1951 alleging irregularities in voting and postal ballots. The Himachal Pradesh High Court dismissed the petition …
The appellants filed a suit for permanent injunction in 2004 describing the suit property as Survey No.192/9. During the trial they discovered that the respondents had transferred the patta and executed an Inam Settlement Deed referring to the same land as Survey No.192/14, creating a confusion …
United Finance Corporation, the decree‑holder, purchased a property at a court auction and sought delivery of possession under Order XXI Rule 95 of the CPC. The judgment‑debtor filed applications to set aside the sale and obtained a stay of execution, which was later dismissed on 9 July 2003. The …
Harjas Rai Makhija appealed to the Supreme Court alleging that the decree of 4 October 1999, which granted possession of a Bhopal plot to Pushparani Jain, was obtained by fraud because she allegedly concealed a Power of Attorney dated 30 April 1983. The Court held that fraud must be proved with …
The plaintiff Shailendra Prasad Srivastava filed a suit for declaration of title over certain lands against Baidya Nath Prasad Verma, which the trial court dismissed. The High Court, acting as the first appellate court, reversed the trial court's decision and decreed in favour of the plaintiff, but …
The appellant, Alcon Electronics, challenged the execution in India of an English Court order that dismissed its jurisdictional plea and ordered it to pay costs of £12,229.75. The central question was whether such an interlocutory order is a conclusive foreign judgment under Section 13 of the CPC …
EIH Ltd. entered into a Technical Services Agreement with Balaji Hotels (BHEL) for operating a hotel, and paid Rs 15.21 crore as financial accommodation. BHEL later obtained financial assistance from IFCI and TFCI, which sold the hotel unit to Robust Hotels under SARFAESI proceedings despite an …
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 …
Mahanagar Telephone Nigam Ltd. appealed a Delhi High Court order that had held the Code of Civil Procedure (CPC) applicable to an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 and had entertained a cross‑objection under Order XLII Rule 22 CPC. The Supreme Court examined …
The appeal arose from a summary suit filed by IDBI Trusteeship Services Ltd., a debenture trustee, to enforce an unconditional corporate guarantee issued by Hubtown Ltd. (formerly Ackruti City Ltd.) on behalf of its subsidiary Vinca. The plaintiff alleged defaults on debentures issued by Amazia and …
The State Bank of Patiala had advanced a term loan of Rs.8 lakh to Mukesh Jain, who defaulted and the bank invoked the SARFAESI Act, issuing a notice under Section 13(2). Jain challenged the SARFAESI proceedings by filing a civil suit, prompting the bank to move an application under Order VII Rule …
The 2009 Lok Sabha election for Amritsar was challenged in an election petition alleging three categories of corrupt practice: excess election expenditure on newspaper advertisements, excessive spending on public meetings, and assistance from a gazetted officer, along with a grievance about the …
The landlords filed a civil suit for eviction of tenants occupying a shop in a rural area of Haryana, which at the time of filing was not covered by the Haryana Urban (Control of Rent and Eviction) Act, 1973. While the suit was pending, a municipal notification brought the area within the urban …
The appellants, Syeda Rahimunnisa and Syed Hyder Hussaini, sued the respondents (legal heirs of Haji Mian) for eviction and damages, asserting a landlord‑tenant relationship. The respondents counter‑claimed title to the land by adverse possession and filed three related suits. The trial court and …
Rajendra Kumar Meshram was elected to the Madhya Pradesh Legislative Assembly from the Deosar constituency. A petition was filed by the opposing candidate alleging that Meshram's nomination was improperly accepted because he failed to furnish the electoral roll of the constituency where he was a …
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 …
The respondents, claiming to reside outside the limits of Nagar Palika Thakurdwara, filed a suit seeking a permanent injunction, a declaration that they were not liable to pay house tax, and recovery of a modest tax amount of about Rs 11,006.07. The trial court dismissed the suit; the first …
The Central Provident Fund Commissioner appealed against the trial court’s rejection of an application under Order VII, Rule 11 of the Code of Civil Procedure, which sought dismissal of the plaint filed by Lala J.R. Education Society. The appellants argued that the respondents had exhausted remedies …
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 …
The appellant, a returned MLA, challenged an election petition alleging corrupt practices and excess expenditure under the Representation of the People Act, 1951. He filed an application under Order VI Rule 16 of the CPC seeking to strike out several paragraphs of the petition as frivolous, …
The petitioners were temporary employees of PEPSU Roadways who, by a government order dated 16‑10‑1956, were transferred and merged into the PEPSU Road Transport Corporation (PRTC). The corporation then operated under a Contributory Provident Fund (CPF) scheme and did not provide pension. After PRTC …
Madina Begum filed a suit for specific performance of a sale agreement that lacked a fixed calendar date for completion. The respondents contended the suit was barred by the three‑year limitation under Article 54 of Schedule I of the Limitation Act, 1963. The Supreme Court held that where no …
The plaintiff, a septuagenarian, filed a suit in 2007 for possession and damages. The trial proceeded with a prolonged examination-in-chief and the defendant repeatedly sought adjournments under Order XVII Rules 1 and 2, filing more than a dozen interlocutory applications on flimsy grounds, many of …
The parties entered into a construction contract containing an arbitration clause, and an award was rendered on 11 November 2010. The respondent later filed a Section 11 application in the High Court seeking appointment of an arbitrator, claiming the clause was invalid; the application was …
The Supreme Court was asked to decide whether it can transfer civil or criminal proceedings pending in any court of Jammu and Kashmir to a court outside the State and vice‑versa, despite the fact that Sections 25 of the CPC and 406 of the CrPC do not apply to Jammu and Kashmir and the State codes …
Northern Coalfield Ltd., a government-owned corporation, entered into two contracts with Heavy Engineering Corp. Ltd. which contained an arbitration clause. Disputes were referred to the Government's "permanent machinery of arbitration" and awards were made, which Northern Coalfield challenged …
The plaintiff was required to file a suit by 31 December 2010, the last day of the court's winter vacation. 1 January 2011, a Saturday, was a non‑working day for judges but the registry remained open. The suit was filed on 3 January 2011. The trial court and the High Court held that the filing was …
R.K. Roja was elected to the Nagiri Assembly Constituency and a respondent filed an election petition challenging her election. The appellant filed an application under Order VII Rule 11 of the CPC to have the petition rejected, first as a counter‑affidavit and later as a formal application. The …
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 …
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 …
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 …
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 …
The appellants, owners of agricultural land adjacent to the Mazum dam, claimed compensation for loss of fruit‑bearing trees after the State of Gujarat released 60,000 cusecs of water from the dam during heavy monsoon rains. The respondents argued that the release was necessitated by an act of God …
The appeal concerned a land‑inheritance dispute where the petitioners sought to set aside an order of the Consolidation Officer that rejected their claim to a share of land. The petitioners argued that earlier judgments in a separate proceeding involving the same parties, but concerning a different …
The plaintiff purchased a property from Buchamma, the sole surviving sister of the deceased Balaiah, under a registered sale deed dated 25‑04‑1981. After the widow Yashoda's death, the plaintiff took possession, but Defendant No.3 (Sarojana) evicted him, claiming to be Yashoda's adopted daughter and …
The Supreme Court examined multiple Special Leave Petitions (SLPs) arising from a protracted dispute over the acquisition and transfer of shares in Bombay Oxygen Corporation Ltd. The dispute involved Messer Holdings GmbH (MGG), Goyal Gases Ltd (GGL), the Ruia family (RUIAS) and a joint venture …
The plaintiff filed a suit seeking a declaration that a municipal survey Khatiyan was null and void. The defendants moved to frame a preliminary issue that the suit was barred by res judicata and that there was no cause of action. The trial court dismissed the suit on those grounds without formally …
The appellant, a landlord, obtained an eviction order and a decree for monthly compensation against the tenant (respondent No.1) under Section 13A(2) of the Bombay Rent Act, 1947. After possession was handed over, the tenant failed to pay the compensation and purportedly transferred the flat to her …
Kedar Mishra, a co‑sharer and raiyat, claimed right of pre‑emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act for three parcels sold by his brother. He deposited the required ten percent of the purchase price, but the treasury challan …
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 …
The case concerned whether an arbitrator could award pendente lite interest when the underlying contract expressly barred interest on delayed payments. The dispute arose from a construction contract between the Union of India and M/s. Ambica Construction, which had undergone multiple arbitrations …
The case concerned an election petition filed by Sharadendu Tiwari challenging the election of Ajay Arjun Singh. The dispute centered on whether the petition was accompanied by an affidavit in the statutory Form 25 as required by the proviso to Section 83(1)(c) of the Representation of the People …
The State of Punjab appealed against the High Court’s decision that the Commissioner of Excise and Taxation could not extend the three‑year limitation period for passing a sales‑tax assessment after that period had expired. The assessee, M/s Shreyans Indus Ltd., had filed returns for assessment …
Tej Prakash Jarath filed a suit in 1992 against his relatives. The defendants filed written statements on 11 November 1992 and, after issues were framed in October 1993, filed a counter‑claim on 17 June 1996. The trial court allowed the counter‑claim, but the Uttarakhand High Court set it aside, …
The Nasik Municipal Corporation sought restoration of an execution petition (Special Darkhast No.49 of 2002) on the condition that it deposit a cost of Rs.25,000, as ordered by the High Court. The executing court refused to accept the cost, holding that the time limit set by the High Court had …
Nagabhushanammal (deceased) filed a suit for partition of a family property in 1988. An earlier suit filed by her in 1962 for possession based on a settlement deed had been dismissed. The defendant argued that the 1988 suit was barred by res judicata and that his long possession amounted to adverse …
The Supreme Court examined whether Section 23 of the Travancore‑Cochin High Court Act, which provides that a Chief Justice must refer a matter to a third judge when two judges of a division bench disagree, survives the repealing provision of Section 9 of the Kerala High Court Act and whether it is a …
Dheeraj Developers Private Limited filed a suit for specific performance of a sale deed of land against Dr. Om Prakash Gupta and others. The trial court dismissed the suit, but the High Court reversed the decision, granting specific performance solely on the basis that Exhibit P‑1, the alleged …
The appellant and respondent were involved in two parallel suits concerning the same property, which were consolidated by the trial court. During the trial of one suit, a witness (PW‑I) was examined and the evidence was closed. After consolidation, the respondent filed an application under Order 18 …
The appellant corporation’s bus collided with a motorcyclist, leading to a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claim Tribunal awarded Rs.24,73,252, which the corporation appealed to the Allahabad High Court under Section 173 of the Act. The High Court …
The appellant Indian Machinery Co. filed a second complaint before the District Forum under the Consumer Protection Act, 1986 after its first complaint was dismissed for default. The National Consumer Disputes Redressal Commission held the second complaint non‑maintainable, invoking a rule analogous …
Bussa Overseas & Properties Ltd. sought a refund of excess provisional customs duty under Section 18(2) of the Customs Act, 1962. The customs authority directed the claim to be made under Section 27(2) and the appellants contested this, filing a writ petition. The High Court dismissed the writ and, …
The Supreme Court had earlier held that there is no reservation in promotion by selection for Group‑A posts (salary up to Rs 5700) in banks, only a concession, but the judgment also contained a contradictory paragraph stating that reservation applies to posts with salary less than Rs 5700 …
The landlord, Damodar Lal, sought eviction of his tenants on the ground that they had made unauthorised structural alterations to the rented premises. Both the trial court and the first appellate court found that material alteration had occurred and dismissed the tenants’ appeal. The tenants …
The respondents filed a suit under Section 92 of the Code of Civil Procedure seeking removal of the trustees of the Sri Aurobindo Ashram Trust, alleging that the trustees failed to act against an objectionable biography of Sri Aurobindo. The High Court held the suit within the ambit of Section 92 …
The Lal Shah Baba Dargah Trust filed a suit before the single‑member Maharashtra Waqf Tribunal seeking injunction against alleged illegal development of waqf property. The respondents obtained a civil revision, arguing that the 2013 Wakf (Amendment) Act, which mandates a three‑member tribunal, …
The plaintiff filed a suit for permanent injunction over a disputed property and lost at trial. He appealed, and during the pendency of the appeal filed an application seeking scientific examination of a will's signature. The first appellate court allowed the application under Order 41 Rule 27, but …
The appeal concerned the interpretation of Section 13(2)(a) of the Consumer Protection Act, 1986 regarding the time allotted to the opposite party to file its version after a complaint is admitted. The petitioner argued that the 30‑day period could be extended beyond the statutory ceiling of 15 …
M/s Adani Agri Fresh Ltd. (appellant) supplied fruit to M/s RMS Fruits & Co. (respondent) and obtained three unconditional bank guarantees from State Bank of Mysore to secure payment. When the respondent failed to pay, the appellant invoked the guarantees, prompting the respondent to obtain a …
The parties entered into a contract for the construction of a cargo ship, which later gave rise to arbitration before a former Supreme Court judge who awarded in 2009. The respondent sought to set aside the award under Sections 30 and 33 of the Arbitration Act, 1940, alleging the arbitrator’s legal …
