Created by Fuzzy Cloud

Code of Civil Procedure, 1908

4176 judgments · newest first · showing 2001–2200

POONAMversusSTATE OF U.P. & ORS.

2015 INSC 813Dismissed

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 …

ASHOK RANGNTH NAGARversusSHRIKANT GOVINDRAO SANGVIKAR

2015 INSC 806Matter referred to larger bench

The respondents filed a suit for perpetual injunction which was dismissed by the trial court; the first appeal to the District Judge also dismissed the suit. The respondents then filed a second appeal before the Bombay High Court. The High Court reversed both the trial court and the first appellate …

STATE OF GUJARATversusM/S KOTHARI AND ASSOCIATES

2015 INSC 788Appeal(s) allowed

The State of Gujarat awarded a contract to M/s Kothari & Associates for canal lining, but repeatedly delayed handing over the site, forcing the contractor to seek four extensions of time. Each time the contractor claimed compensation for the delay, the State denied it, and the work was eventually …

SANT RAMversusDHAN KAUR & ORS.

2015 INSC 791Appeal(s) allowed

The petitioner sought clarification of a Supreme Court order dated 21‑04‑2009, which recorded his statement that he would not press the prayer for mesne profits. The lower courts had awarded mesne profits of Rs.30 per month (with 10% increase every three years) and interest, while the petitioner had …

SHAILESH DHAIRYAWANversusMOHAN BALKRISHNA LULLA

2015 INSC 796Dismissed

The appeal arose from a dispute where the parties, after settling most issues in a suit, referred two remaining differences to arbitration before a retired Supreme Court judge. The arbitrator resigned, and the respondent sought a substitute arbitrator. The High Court appointed a retired judge as a …

SUMER BUILDERS PVT. LTD.versusNARENDRA GORAN!

2015 INSC 783Dismissed

Sumer Builders Pvt. Ltd. entered into a development agreement and MoU with Narendra Goran for a land parcel in Indore. After disputes over payment and possession, the respondent terminated the agreements and invoked the arbitration clause. The developer applied to the Bombay High Court for interim …

RAZIAAMIRALI SHROFF AND OTHERSversusM/S NISHUVI CORPORATION AND OTHERS

2015 INSC 762Disposed off

The petitioners filed a Notice of Motion (No.3616 of 2010) in the Bombay High Court seeking interim reliefs during the pendency of a suit. The Single Judge declined to grant any ad‑interim order, directing the parties to file affidavits and setting a hearing date. The petitioners appealed, but the …

AVENUE SUPERMARTS PVT. LTD.versusMRS. NISCHINT BHALLA & ORS.

2015 INSC 753Appeal(s) allowed

The suit concerned the administration of the estate of the deceased Durga Devi Hitkari, wherein a property at Chembur was to be sold. The appellant, Avenue Supermart Ltd., submitted the highest bid of Rs.20,15,00,000, which was accepted by all parties and an order dated 10‑02‑2009 by the single …

STATE BANK OF HYDERABADversusRABO BANK

2015 INSC 724Appeal(s) allowed

The plaintiff, RABO Bank, sued State Bank of Hyderabad (SBH) in a summary suit under Order 37 of the CPC, claiming payment on several Bills of Exchange that SBH had allegedly accepted via telex/fax messages. SBH denied liability, asserting that the co‑acceptances were unauthorized, that the Bills …

CHINTAMAN NAMDEV PATIL (DEAD)versusSUKHDEV NAMDEV PATIL & ANR.

2015 INSC 702Appeal(s) allowed

The plaintiff, Chintaman Patil, filed a suit seeking declaration of ownership and an injunction over a parcel of land. The trial court dismissed the suit, but the first appellate court reversed that decision and decreed in the plaintiff's favour. The respondents appealed to the High Court, which …

SHARADAMMAversusMOHAMMED PYREJAN (D) THROUGH LRS. &ANR.

2015 INSC 694Appeal(s) allowed

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

RAM NIRANJAN KAJARIAversusSHEO PRAKASH KAJARIA AND OTHERS

2015 INSC 673Case Partly allowed

The case arose from a partition suit filed in 1978 where defendants No.5 and No.12, in their 1979 written statements, admitted that they had no right, title or interest in the family property, having renounced any claim. After about 25 years they sought to amend their written statements to withdraw …

BENGAL AMBUJA HOUSING DEVELOPMENT LTD.versusPRAMILA SANFUI AND ORS.

2015 INSC 674Disposed off

The West Bengal Housing Board (appellant) purchased a 20.184‑acre plot from the legal heirs of late Gangadas Pal, who were intermediaries under the West Bengal Estates Acquisition Act, 1953. The heirs had earlier been parties to a partition suit (Title Suit No. 121 of 1962) that was later amended to …

SHANTI DEVI & OTHERSversusKAUSHALIYA DEVI

2015 INSC 1023Disposed off

Ram Narayan filed a suit in 1966 which ultimately led to Civil Appeal No. 124 of 1987. The appellant died in 1994 and, because no substitution was filed within the 90‑day period prescribed by Rule 3 of Order XXII CPC and Article 120 of the Limitation Act, the appeal abated and was dismissed in …

EDARA HARIBABUversusTULLURI VENKATA NARASIMHAM & ORS.

2015 INSC 663Appeal(s) allowed

The appellant, Edara Hari Babu, was elected Chairperson of a Zilla Praja Parishad (ZPP) after voting for himself despite a whip issued by the Telugu Desam Party (TDP). The District Collector disqualified him under the Andhra Pradesh Panchayat Raj Act, 1994, and the Chief Executive Officer directed …

SANDU (D) BY LRS.versusGU LAB (D) BY LRS. AND OTHERS

2015 INSC 639Appeal(s) allowed

The case concerned land originally owned by a tribal person that had been sold to a non‑tribal transferee. The Assistant Collector initially dropped restoration proceedings under Section 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, because the tribal transferor was …

STANDARD CHARTERED BANKversusANDHRA BANK FINANCIAL SERVICES LTD & ORS.

2015 INSC 618Appeal(s) allowed

Standard Chartered Bank (SCB) bought 17% NPCL bonds from Andhra Bank Financial Services Ltd (ABFSL) and later discovered that the bonds had been misappropriated by broker Hiten P. Dalal and Canara Bank Mutual Fund (CMF). SCB filed a suit for conversion and amended it to implead Dalal and CMF, but …

L.C. HANUMANTHAPPA (SINCE DEAD) REPRESENTED BY HIS LRS.versusH. B. SHIVAKUMAR

2015 INSC 612Dismissed

L.C. Hanumanthappa filed a suit for permanent injunction against H.B. Shivakumar on 9 March 1990. The defendant’s written statement dated 16 May 1990 denied the plaintiff’s title to the suit property, thereby putting the plaintiff on notice that a right to sue for declaration of title had arisen. On …

THE BOARD OF TRUSTEES OF THE PORT OF MUMBAIversusNIKHILN. GUPTA & ANR.

2015 INSC 546Hearing Adjourned

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

BANWARI LAL (D) BY LRS. &ANR.versusBALBIR SINGH

2015 INSC 608Appeal(s) allowed

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

VAISHAGGARWAL PANCHAYATversusINDER KUMAR AND OTHERS

2015 INSC 607Appeal(s) allowed

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

CITIBANK N.A.versusHITEN P. DALAL & ORS.

2015 INSC 594Appeal(s) allowed

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

S. M. ASIFversusVI RENDER KUMAR BAJAJ

2015 INSC 564Appeal(s) allowed

The landlord filed an eviction suit against the tenant, who admitted the tenancy but claimed an agreement to sell the premises and alleged payment of Rs. 82.5 lakhs, also filing a suit for specific performance. The trial court invoked Order 12 Rule 6 of the CPC and passed a decree for eviction on …

KIRPAL KAURversusJITENDER PAL SINGH & ORS.

2015 INSC 494Appeal(s) allowed

Kirpal Kaur filed a partition suit seeking her late husband's share in a Delhi building (schedule ‘B’ property). The trial court and the Delhi High Court held the property to be self‑acquired by her father‑in‑law and denied her any share. On appeal, the Supreme Court examined the evidence, including …

VIJAY MALLYAversusENFORCEMENT DIRECTORATE, MIN. OF FINANCE

2015 INSC 493Dismissed

Vijay Mallya, Chairman of United Breweries Ltd., was summoned under Section 40 of the Foreign Exchange Regulation Act, 1973 (FERA) to appear before the Enforcement Directorate regarding alleged violations of foreign exchange rules in a Benetton advertising agreement. He failed to appear on several …

RIJU PRASAD SARMA ETC. ETC.versusSTATE OF ASSAM & ORS.

2015 INSC 487Dismissed

The case concerned the management of the Sri Sri Maa Kamakhya Temple in Assam, where the traditional custom allowed only male members of the four Bordeori families to elect the head priest (Doloi), excluding women and Deuris. Petitioners challenged the constitutionality of Section 25A of the Assam …

SH JOGENDRASINHJI VIJAYSINGHJIversusSTATE OF GUJARAT & ORS.

2015 INSC 485Disposed off

The Supreme Court examined whether a letters patent appeal could be filed against an order of a Single Judge that arose from civil court proceedings or other tribunals. It held that orders of civil courts are only reviewable under Article 227 of the Constitution and therefore are not amenable to …

ABCversusTHE STATE (NCT OF DELHI)

2015 INSC 482Appeal(s) allowed

An unwed Christian mother filed a petition under Section 7 of the Guardians and Wards Act, 1890, seeking to be appointed guardian of her five‑year‑old son. The Guardian Court dismissed the petition because the mother refused to disclose the name and address of the child’s putative father, holding …

QUANTUM SECURITIES PVT. LTD. & OTHERSversusNEW DELHI TELEVISION LTD.

2015 INSC 464Disposed off

The plaintiff, New Delhi Television Ltd, filed a civil suit against Quantum Securities Pvt Ltd and others seeking a permanent injunction restraining defamatory communications and damages. During the suit, the plaintiff filed a Notice of Motion under Order XXXIX of the CPC and obtained an ex‑parte …

INDIAN PERFORMING RIGHTS SOCIETY LTD.versusSANJAY DALIA&ANR.

2015 INSC 452Dismissed

The Supreme Court examined whether sections 62 of the Copyright Act, 1957 and 134 of the Trade Marks Act, 1999 allow a plaintiff to sue in a district court where it resides or carries on business even when the cause of action has also arisen at its principal place of business. The Court held that …

M/S. GMG ENGINEERING INDUSTRIES & ORS.versusM/S ISSA GREEN POWER SOLUTION & ORS.

2015 INSC 430Appeal(s) allowed

The appellants GMG Engineering Industries and others entered into a sale agreement with the respondents ISSA Green Power Solution, which fell through, leading the respondents to sue for recovery of Rs.1.5 crore and Rs.10 lakh. Both suits were decreed ex-parte after the appellants failed to appear, …

MAHILA RAMKALI DEVI AND OTHERSversusNANDRAM (D) THR. LRS. AND OTHERS

2015 INSC 412Case Partly allowed

The plaintiff filed a suit in 1964 seeking declaration of title and possession of agricultural land based on a will executed by Ajuddhibai. The trial court upheld the will, rejected alleged sale deeds and granted possession to the plaintiff. The defendants appealed, and the High Court reversed the …

CENTRAL BANK OF INDIAversusC. L. VIMLA & ORS.

2015 INSC 363Appeal(s) allowed

The Central Bank of India had mortgaged a residential property to recover a loan taken by the borrowers and obtained a settlement award from a Lok Adalat, which was signed by the borrowers and one of the guarantor's sons but not by the guarantor herself, C.L. Vimla. Vimla filed multiple writ …

FATEHJI & COMPANY & ANR.versusL.M. NAGPAL & ORS.

2015 INSC 356Appeal(s) allowed

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

MONOJ LAL SEAL AND OTHERSversusOCTAVIOUS TEAAND INDUSTRIES LTD.

2015 INSC 342Dismissed

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

THE GUJARAT MARITIME BOARDversusG.C. PANDYA

2015 INSC 989Case Partly allowed

G.C. Pandya, a former Deputy Engineer of the Gujarat Maritime Board, was disciplined and censured in 2002 and superannuated as Superintending Engineer. He sued for a declaration that the departmental enquiry and punishment were illegal and sought promotion to Chief Engineer effective 1 January 2002. …

PADMAKUMARI & ORS.versusDASAYYAN &ORS.

2015 INSC 288Appeal(s) allowed

The plaintiff, Padmakumari & ors., entered into an unregistered agreement to purchase 2.08 acres of land from defendants 1‑11, agreeing to pay the balance consideration of Rs 63,000 within nine months. The plaintiff failed to make this payment within the stipulated period, while defendants 12‑15 …

P. R. YELUMALAIversusN.M. RAVI

2015 INSC 271Disposed off

The plaintiff‑buyer entered into a sale agreement and obtained a decree for specific performance, which required him to deposit the balance consideration of Rs.33,60,000 within one month of the decree and in the form of a demand draft. The trial court extended the time by two months, making the …

STATEOFU.PversusCHARAN SINGH

2015 INSC 268Disposed off

Charan Singh, a tube‑well operator in the Uttar Pradesh Fisheries Department, was terminated in August 1975 on the ground that he was a temporary employee and was given one month's wages in lieu of notice. He contended that he was a permanent workman and that the termination violated the Uttar …

USAMMAANTONY AND ANOTHERversusKARTHIYAYANI AND ANOTHER

2015 INSC 979Appeal(s) allowed

The plaintiffs filed a suit for a permanent injunction to restrain the defendants from trespassing and demolishing the boundary fence of their property. The trial court decreed the injunction in favour of the plaintiffs and the first appellate court affirmed that decree. The High Court entertained a …

UNION OF INDIA & ORS.versusMAJOR GENERAL SHRI KANT SHARMA & ANR.

2015 INSC 206Disposed off

The case concerned several writ petitions filed under Article 226 of the Constitution challenging orders of the Armed Forces Tribunal (AFT). The Union of India argued that Sections 30 and 31 of the Armed Forces Tribunal Act, 2007, together with Articles 136(2) and 227(4) of the Constitution, bar …

M/S. SHERALI KHAN MOHAMED MANEKIAversusTHE STATE OF MAHARASHTRA AND OTHERS

2015 INSC 177Dismissed

The appellant purchased an evacuee property and filed a suit in 1980 seeking specific performance of the sale, possession and the appointment of a court receiver. The trial court denied the receiver, but the High Court on appeal appointed one to take possession, collect rent and account for profits. …

SURYA VADANANversusSTATE OF TAMIL NADU & ORS.

2015 INSC 178Disposed off

Surya and Mayura Vadanan, both British citizens, married in India and had two daughters in the UK. In August 2012 Mayura brought the children to India and filed for divorce. Surya obtained an interim order from the High Court of Justice in England making the children wards of that court and …

RADHEY SHYAM & ANR.versusCHHABI NATH & ORS.

2015 INSC 160Matter referred to larger bench

The appellant challenged a writ order of the Allahabad High Court that had vacated an interim injunction granted by a civil court, arguing that a writ of certiorari under Article 226 could not be issued against orders of a civil court. The Supreme Court was asked to reconsider the view expressed in …

M/S. SUNDARAM FINANCE LIMITED AND ANOTHERversusT. THANKAM

2015 INSC 141Disposed off

Sundaram Finance Ltd. filed a suit for injunction to restrain the repossession of a vehicle financed to T. Thankam. The loan agreement contained an arbitration clause (clause 22) and a repossession clause (clause 14.6). The respondent filed the injunction suit in a civil court; the appellant moved …

M/S. BHANDARI UDYOG LIMITEDversusINDUSTRIAL FACILITATION COUNCIL AND ANR.

2015 INSC 140Appeal(s) allowed

M/s. Bhandari Udyog Ltd., a cotton ginning business in Raichur, Karnataka, sold 750 bales of cotton to Respondent No.2, a spinning mill in Latur, Maharashtra. A dispute over the unpaid balance was referred to arbitration under the Arbitration and Conciliation Act, 1996, and an award was made …

PETROMARINE PRODUCTS LTD.versusOCEAN MARINE SERVICES COMPANY LTD. & ORS.

2015 INSC 124Dismissed

Petromarine Products Ltd. filed an admiralty suit in the Bombay High Court seeking a decree and attachment of sale proceeds of the vessel MV Eleni, which was already arrested and placed under the jurisdiction of the Madras High Court where a suit by another creditor had been filed. The Madras Court, …

RAVEESH CHAND JAINversusRAJ RANI JAIN

2015 INSC 111Dismissed

The mother (respondent) sued her son (appellant) for possession of a property she claimed to have purchased with her own funds and for damages. The son contended the property was a Hindu Undivided Family (HUF) asset bought with ancestral money. An earlier partition suit filed by the son was …

TAPAS KUMAR SAMANTAversusSARBANI SEN & ANR.

2015 INSC 110Appeal(s) allowed

Tapas Kumar Samanta filed an eviction suit against Sarbani Sen and others alleging non‑payment of rent, personal necessity to demolish the existing building for his own residence and business, waste, nuisance and unauthorized construction, invoking Section 108 of the Transfer of Property Act. The …

M/S. ROHINI TRADERSversusM/S. J.K. LAKSHMI CEMENT LTD.

2015 INSC 959Dismissed

M/s Rohini Traders sued J.K. Lakshmi Cement Ltd. for unpaid dues and served a notice under Order XII Rule 8 of the CPC seeking production of specific documents. The defendant produced some of the documents in court and its representative was cross‑examined, but the plaintiff failed to have those …

SHRI WESTARLY DKHAR & ORS.versusSHRI SEHEKAYA L YNGDOH

2015 INSC 71Appeal(s) allowed

In a suit concerning land, the Subordinate District Council Court of the United Khasi‑Jaintia Hills Autonomous District granted an ex‑parte ad‑interim injunction on 30 September 2009. The aggrieved party appealed to the District Council Court within 30 days, which stayed and later set aside the …

ZARIF AHMAD (D} THROUGH LRS. & ANOTHERversusMOHD. FAROOQ

2015 INSC 66Dismissed

The plaintiff, Mohd. Farooq, filed a suit for a permanent prohibitory injunction to restrain the defendants, Zarif Ahmad and another, from interfering with his possession of plot No. 358, describing the land by its boundaries and municipal number. The trial court decreed in favour of the plaintiff, …

KULDEEP KUMAR DUBEY & ORS.versusRAMESH CHANDRA GOYAL (D) TH LRS.

2015 INSC 60Appeal(s) allowed

The father of the appellants, Raj Kumar, owned a shop that was let to the respondent. After Raj Kumar’s death, his brother Shiv Kumar filed an eviction suit, and upon Shiv’s death his sons Kuldeep Kumar and Pradeep Kumar were substituted as plaintiffs as heirs. The trial court decreed eviction in …

LAXMIDEVAMMA & ORS.versusRANGANATH & ORS.

2015 INSC 54Appeal(s) allowed

The plaintiffs owned a parcel of land (A schedule) that had been earmarked for a road but no road was ever constructed. They sold portions of the land to the first defendant, who later transferred it to the second and third defendants, who subsequently encroached on a portion of the A schedule land …

SUNILversusSAKSHI @ SHWETA & ANR.

2015 INSC 41Appeal(s) allowed

The husband filed a petition for divorce under the Hindu Marriage Act, 1955, and the Family Court initially proceeded ex parte when the wife could not be served. The wife later appeared, the ex parte order was set aside, and the case was adjourned for conciliation, but she remained absent at …

SHASIDHAR & OTHERSversusSMT.ASHWINI UMA MATHAD &ANR.

2015 INSC 30Appeal(s) allowed

The case concerned a partition suit filed by the daughters of Shashidhar against his father, step‑mother and step‑sisters over extensive family properties. The trial court granted a preliminary decree allocating shares, which the defendants appealed. The Karnataka High Court disposed of the first …

INFRASTRUCTURE LEASING & FINANCIAL SERVICES LIMITEDversusB.P.L. LIMITED

2015 INSC 19Dismissed

B.P.L. Ltd., facing severe financial distress, sought approval of a scheme of arrangement under Section 391 of the Companies Act, 1956. Infrastructure Leasing & Financial Services Ltd. (the appellant) was a secured creditor with a hypothecation charge registered against B.P.L. but later argued that …

ANIL S/O JAGANNATH RANA AND OTHERSversusRAJENDRA S/O RADHAKISHAN RANA AND OTHERS

2014 INSC 893Appeal(s) allowed

The parties were partners in a firm and a civil suit was filed concerning partnership property. The partnership deed contained an arbitration clause, but the civil court, after hearing the parties, held that it had jurisdiction to try the suit and declined to refer the matter to arbitration under …

INTERNATIONAL AMUSEMENT LIMITEDversusINDIA TRADE PROMOTION ORGANISATION &ANR.

2014 INSC 877Dismissed

International Amusement Ltd (operator of "Appu Ghar") held a licence from the India Trade Promotion Organisation (ITPO) to occupy land in Pragati Maidan. Clause 28 of the licence agreement provided that any dispute would be referred to arbitration by the Chairman of ITPO or his nominee. After the …

BALURAMversusP. CHELLATHANGAM & ORS.

2014 INSC 858Appeal(s) allowed

The plaintiff sought specific performance of a sale agreement entered into by the trustees of the Subbaiah Paniker Family Welfare Trust. The appellant, a beneficiary of the trust, applied to be impleaded as a defendant, alleging prejudice if the sale proceeded at the agreed price. The trial court …

KAREDLA PARTHASARADHIversusGANGULA RAMANAMMA (D) THROUGH L.RS & ORS.

2014 INSC 835Directions issued

The deceased K. Satyanarayna died intestate, and his brother Karedla Parthasaradhi claimed inheritance of the suit house. Defendant Gangula Ramanamma (defendant No.1) asserted that she was the deceased's legally married wife, having lived with him for over three decades, and thus claimed ownership …

GOVERNMENT OF ANDHRA PRADESH AND ANOTHERversusK. VARALAKSHMIAND OTHERS

2014 INSC 813Dismissed

The case concerned a 5‑acre parcel of land originally assigned to a landless poor woman, Sagiraju Bangaramma, who sold it in 1970 to another landless poor person, Durga Ramalingeswara Rao, before the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 came into force. After Rao’s …

M/S. HYDER CONSULTING (UK) LTD.versusGOVERNOR, STATE OF ORISSA THROUGH CHIEF ENGINEER

2014 INSC 807Reference answered

The Supreme Court examined whether Section 31(7) of the Arbitration and Conciliation Act, 1996 permits an arbitral tribunal to include pre‑award interest in the "sum" for which an award is made and thereby allow interest on that interest for the post‑award period. The Court held that the word "sum" …

R. RAJANNAversusS.R. VENKATASWAMY & ORS.

2014 INSC 796Appeal(s) allowed

The plaintiff obtained a decree declaring a 1982 gift deed void. The respondents appealed and the High Court set aside that decree on the basis of a compromise recorded under Order XXI Rule 3 of the CPC. The plaintiff contended that the compromise was forged and void, and filed a suit (OS No.5236 of …

EMBASSY HOTELS PVT.LTD.versusMIS. GAJARAJ & CO. & ORS.

2014 INSC 1026Appeal(s) allowed

Embassy Hotels Pvt. Ltd. filed a suit for specific performance of a 1978 agreement for sale of land that had been mortgaged by the vendor, M/s. Gajaraj & Co., to Srinivasa Perumal Financing Corporation. The mortgaged land was sold by court auction to the appellant, who obtained a sale certificate …

E. BAPANAIAHversusSRI K.S. RAJU ETC.

2014 INSC 765Disposed off

E. Bapanaiah, a depositor, filed a contempt petition against K.S. Raju, promoter director of Nagarjuna Finance Ltd., alleging wilful breach of an undertaking given to the Company Law Board (CLB) to repay deposits. The High Court division bench set aside the conviction and sentence imposed by a …

INBASEGARAM AND ANOTHERversusS. NATARAJAN (DEAD) THR. LRS.

2014 INSC 748Disposed off

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 …

RATHNAVATHI & ANOTHERversusKAVITA GANASHAMDAS

2014 INSC 751Disposed off

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 …

ZARINA SIDDIQUIversusA. RAMALINGAMALIAS R.AMARNATHAN

2014 INSC 752Appeal(s) allowed

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 …

MAJ. GEN. KAPIL MEHRA & ORS.versusUNION OF INDIA & ANR.

2014 INSC 734Dismissed

The appellants, Maj. Gen. Kapil Mehra and others, challenged the compensation awarded by the Delhi Development Authority for land acquired under the Land Acquisition Act, 1894. The High Court had fixed the market value at Rs.14,974 per square yard by averaging four perpetual lease deeds, adding 20% …

PRADEEP KUMAR MASKARA AND OTHERSversusSTATE OF WEST BENGAL AND OTHERS

2014 INSC 733Appeal(s) allowed

The appellants owned agricultural land that was transferred from Bihar to West Bengal under the Bihar and West Bengal (Transferred Territories) Act, 1956, and the West Bengal Land Reforms Act, 1955 was extended to the transferred territories. The Calcutta High Court, in a 1984 writ petition, quashed …

SAMEER SINGH AND ANOTHERversusABDUL RAB AND OTHERS

2014 INSC 721Appeal(s) allowed

The appellants, Sameer Singh and another, challenged an order of a Sub‑Judge’s execution court that it had become functus officio and therefore could not entertain their application under Order XXI Rules 97, 99 and 101 of the CPC concerning a disputed immovable property. The execution court had …

RAJNI RANI & ANR.versusKHAIRATI LAL & ORS.

2014 INSC 722Appeal(s) allowed

The appellants filed a suit for declaration of ownership of a share in land and an injunction. The defendants filed a counter‑claim asserting title under a Will dated 18‑May‑1995, which the trial judge dismissed as barred by Order 2, Rule 2 of the CPC because the plea had not been raised in the …

VINOD KUMARversusGANGADHAR

2014 INSC 708Appeal(s) allowed

Vinod Kumar filed a suit for specific performance of a contract to purchase a house; the trial court dismissed the suit and the High Court, acting as the first appellate court, affirmed the dismissal. The appellant contended that the High Court had not examined the evidence, ignored the submissions …

SRI GANGAI VINAYAGAR TEMPLE & ANR.versusMEENAKSHI AMMAL & ORS.

2014 INSC 693Appeal(s) allowed

The case involved three interconnected suits concerning a lease of property owned by a private trust: O.S.5/78 filed by the tenants challenging the trust's ownership, and O.S.6/78 and O.S.7/78 filed by the trust for arrears of rent. All three suits were tried together, resulting in a common judgment …

MADRAS BAR ASSOCIATIONversusUNION OF INDIA AND ANOTHER

2014 INSC 685Disposed off

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

SRIHARI (DEAD) THROUGH LR. SMT. CH. NIVEDITHA REDDYversusSYED MAQDOOM SHAH & ORS.

2014 INSC 631Dismissed

The appellant, Srihari (deceased) through his legal representatives, challenged a High Court order that amended a preliminary decree in a partition suit to allocate specific shares among co‑heirs. The amendment was made under Section 152 of the Code of Civil Procedure, 1908, which permits correction …

SARDAR TAJENDER SINGH GHAMBHIR AND ANOTHERversusSARDAR GURPREET SINGH & OTHERS

2014 INSC 627Appeal(s) allowed

The plaintiffs filed a suit for declaration and injunction and later amended the plaint, increasing the valuation and creating a deficiency in court fee. The trial court did not order a time limit for payment of the deficit fee. The defendants appealed; the first appellate court observed the lack of …

C. P. JOHNversusBABU M. PALISSERY & ORS.

2014 INSC 625Dismissed

C.P. John, a losing candidate, filed an election petition challenging the election of Babu M. Palissery on grounds of bribery, false pamphlet distribution and alleged suppression of criminal convictions. The High Court dismissed the petition, holding it lacked material facts and was non‑compliant …

MADHYA PRADESH STATE LEGAL SERVICES AUTHORITYversusPRATEEK JAIN & ANR.

2014 INSC 621Disposed off

The dispute arose under Section 138 of the Negotiable Instruments Act between Prateek Jain (complainant) and Rakesh Kumar Jain (accused). While a criminal appeal was pending, the parties settled and filed a joint application under Section 147 seeking compounding and requested that the matter be …

ASHRAF KOKKURversusK.V. ABDUL KHADER ETC.

2014 INSC 575Appeal(s) allowed

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 …

SURJIT SINGH & ORS.versusGURWANT KAUR & ORS.

2014 INSC 570Appeal(s) allowed

Surjit Singh filed a suit for specific performance of a land sale contract. The trial court dismissed the suit and rejected the plaintiff's application under Section 151 CPC to file bank statements as additional documents; the High Court affirmed this rejection. On appeal, the plaintiff sought to …

HINDUSTAN PETROLEUM CORPORATION LTD.versusDILBAHAR SINGH

2014 INSC 997Reference answered

The Supreme Court examined the scope of the High Court's revisional jurisdiction under the Haryana Urban (Control of Rent & Eviction) Act, 1973, the Kerala Buildings (Lease and Rent Control) Act, 1965 and the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The issue was whether the High …

SURESH KUMAR DAGLAversusSARWAN & ANR.

2014 INSC 995Appeal(s) allowed

The first respondent executed a registered sale deed in favour of the appellant on 30 November 1992 and later filed a criminal complaint alleging cheating, which was dismissed on 30 November 1993. After a delay of fourteen years, on 28 June 2006, the first respondent instituted a civil suit seeking …

INDIA YAMAHA MOTOR PVT. LTD.versusDHARAM SINGH & ANR.

2014 INSC 547Dismissed

India Yamaha Motor Pvt. Ltd., the management of a manufacturing unit, challenged the competence of 113 workmen to be represented before the Industrial Tribunal by five elected workmen. The dispute centered on whether Section 6‑1 of the Uttar Pradesh Industrial Disputes Act, 1947 and Rule 40 of the …

H. DOHIL CONSTRUCTIONS CO. (P) LTD.versusNAHAR EXPORTS LTD. & ANR.

2014 INSC 994Appeal(s) allowed

The Supreme Court examined the High Court's order that condoned a 9‑day delay in filing regular first appeals and a 1727‑day delay in refiling those appeals filed by Nahar Exports Ltd. and others. The Court held that the respondents failed to provide a bona‑fide explanation for the inordinate delay, …

PURSHOTTAM DAS TANDON DEAD BY LRS.versusMILITARY ESTATE OFFICER & ORS.

2014 INSC 541Dismissed

The appellant, the estate of the deceased, claimed ownership of a bungalow and the land on which it stood, asserting title derived from a purchase in 1848. The Union of India contended that an 1836 grant vested only the building in the appellant’s ancestors, with the land remaining subject to a …

NAWAL KISHORE SHARMAversusUNION OF INDIA AND OTHERS

2014 INSC 534Appeal(s) allowed

The appellant, a former seaman of the Shipping Corporation of India, was declared medically unfit and his registration was cancelled by the Shipping Department in Mumbai. He filed a writ petition in the Patna High Court seeking disability compensation, claiming that a refusal letter was sent to his …

STATE OF M.P. & ANR.versusANSHUMAN SHUKLA

2014 INSC 525Appeal(s) allowed

The State of Madhya Pradesh filed a civil revision under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, challenging an arbitral award dated 18 June 2003, but the revision was filed 80 days after the statutory three‑month period. The State also sought condonation of the delay …

Y. SLEEBACHEN ETC.versusSUPERINTENDING ENGINEER WRO/PWD &ANR.

2014 INSC 519Appeal(s) allowed

The contractors Y. Sleebachen and others obtained three arbitration awards against the Government of Tamil Nadu for contracts. The government challenged the awards under Section 34 of the Arbitration and Conciliation Act, 1996, but while the petitions were pending the parties negotiated a settlement …

BABU LAL & ORS.versusM/S VIJAY SOLVEX LTD. & ORS.

2014 INSC 518Disposed off

The appellants filed a suit seeking declaration, mandatory and permanent injunctions, and rendition of accounts concerning immovable properties, companies and partnership firms, alleging a family settlement dated 20‑12‑2007. The trial court granted a temporary injunction restraining the parties from …

DASHRATH RUPSINGH RATHODversusSTATE OF MAHARASHTRA & ANR.

2014 INSC 514Disposed off

The Supreme Court examined the proper territorial jurisdiction for criminal complaints filed under Section 138 of the Negotiable Instruments Act. It held that the offence is completed when a cheque is dishonoured by the drawee bank, and therefore the court having jurisdiction over the place where …

RAM DAAN (D) THROUGH LRS.versusURBAN DEVELOPMENT TRUST

2014 INSC 989Appeal(s) allowed

Ram Daan filed a suit seeking a permanent injunction to prevent Urban Development Trust from dispossessing him of a 4,914‑sq‑yard plot, claiming uninterrupted possession since 1942. The respondent asserted that the land belonged to the State of Rajasthan and that the appellant had been evicted in …

EASWARIversusPARVATHI & ORS.

2014 INSC 483Dismissed

The plaintiffs, as legal heirs of the deceased Ponnangatti Gounder and his predeceased wife, sued for declaration and injunction over two properties (Schedule A – ancestral, Schedule B – self‑acquired). The trial court decreed in their favour for both properties. The first appellate court reversed …

BALWINDER SINGHversusNATIONAL FERTILIZERS LTD. & ORS.

2014 INSC 981Appeal(s) allowed

Balwinder Singh and Ram Swaroop, employees of National Fertilizers Ltd., obtained declarations from the trial courts confirming their appointments and salary entitlements. The employer appealed the decrees in second appeals before the High Court. The High Court admitted the appeals and reversed the …

SATTI PARADESI SAMADHI & PHILLIAR TEMPLEversusM. SANKUNTALA (D) TR. LRS. & ORS.

2014 INSC 467Appeal(s) allowed

The plaintiff, Satti Paradesi Samadhi & Pillayar Temple, filed a suit in 1997 seeking a declaration that three settlement deeds dated 27 March 1978, executed by a former trustee in favour of his daughters and granddaughter, were void, and also sought possession of the trust land. The defendant …

MCLEOD RUSSEL INDIA LIMITEDversusREG. PROVIDENT FUND COMMISSIONER, JALPAIGURI

2014 INSC 457Dismissed

The case concerned a tea estate (Mathura Tea Estate) that defaulted on EPF contributions. After the estate was taken over by Eveready Industries (later McLeod Russel India Ltd.), the new management argued it was not the "employer" liable for damages under Section 148 of the Employees' Provident …

STATE OF RAJASTHAN & ANR.versusSURENDRA MOHNOT & ORS.

2014 INSC 432Appeal(s) allowed

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 …

DR. ALOYS WOBBEN & ANR.versusYOGESH MEHRA & ORS.

2014 INSC 416Disposed off

Dr. Aloys Wobben, holder of several wind‑turbine patents, sued Yogesh Mehra and others for patent infringement in the Delhi High Court. The respondents filed revocation petitions before the Intellectual Property Appellate Board under s.64(1) of the Patents Act and also raised counter‑claims in the …

CHAMAN LALversusSTATE OF PUNJAB & ORS.

2014 INSC 398Dismissed

Chaman Lal, a former truck driver employed by the Fish Farmers Development Agency (a society) and later absorbed into a government department, sought retirement benefits based on his total service. The lower courts dismissed his claim, and he argued that a similarly situated individual, Charanjit …

COFFEE BOARDversusM/S. RAMESH EXPORTS PVT. LTD.

2014 INSC 391Appeal(s) allowed

The Coffee Board, a statutory body, failed to provide International Coffee Organization (ICO) export stamps to Ramesh Exports, causing loss of shipment and recall costs. The exporter filed two suits: O.S. No.3150 of 1985 for loss due to delayed shipment and O.S. No.4763 of 1986 for costs arising …

MR. VIKRAM BAKSHI & ORS.versusMS. SONIA KHOSLA (DEAD) BY LRS.

2014 INSC 381Disposed off

Two business groups that had entered into a joint venture fell out over shareholding and director appointments, leading to a cascade of more than 80 proceedings, including company law petitions, contempt suits and criminal complaints under Section 340 Cr.P.C. The Supreme Court noted the deadlock …

SUBRATA ROY SAHARAversusUNION OF INDIA AND OTHERS

2014 INSC 367Dismissed

The Supreme Court dismissed a writ petition filed by Subrata Roy Sahara challenging an order dated 4.3.2014 directing his arrest and detention for non-compliance of earlier orders to refund money collected through Optionally Fully Convertible Debentures (OFCDs). The Court held that the two Sahara …

UNION OF INDIA & ANR.versusDINSHAW SHAPOORJI ANKLESARI & ORS.

2014 INSC 361Appeal(s) allowed

The dispute concerned a 0.90‑acre parcel of land in Pune Cantonment held under an 1827 government grant. The respondents had purchased the lease‑hold rights and the superstructure on the land, while the Union of India (Pune Cantonment Board) issued a resumption notice in 1971 claiming the land …

KARAM KAURversusJALANDHAR IMPROVEMENT TRUST AND ORS.

2014 INSC 349Dismissed

The original plaintiff, Ramesh Chander, sued Jalandhar Improvement Trust for vacant possession of a plot allotted to him after his father's land was acquired. The trial court decreed in his favour, but the first appellate court reversed the decision, leading Ramesh to file a second appeal. Ramesh …

GAIV DINSHAW IRANI & ORS.versusTEHMTAN IRANI & ORS.

2014 INSC 341Dismissed

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

ARSAD SK. & ANR.versusBANI PROSANNA KUNDU & ORS.

2014 INSC 314Dismissed

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

AMAR NATHversusKEWLA DEVI &ANR.

2014 INSC 304Appeal(s) allowed

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

JAIPUR SHAHAR HINDU VIKAS SAMITIversusSTATE OF RAJASTHAN & ORS.

2014 INSC 288Dismissed

The Jaipur Shahar Hindu Vikas Samiti filed public interest litigations seeking a declaration that the Galta Peeth/Thikana properties are public trust assets, clarification of succession, and a direction for the State to take over its management. The Rajasthan High Court, noting that the same …

ANNAPURNAversusMALLIKARJUN & ANR.

2014 INSC 268Appeal(s) allowed

The judgment debtor sought to set aside a court‑sale of his house under Order XXI Rule 89 of the CPC but failed to make the mandatory deposit of the sale price. The executing court rejected his application and the appellate court dismissed his appeal. He then filed a writ petition, and the High …

T.N. GENERATION & DISTBN. CORPN. LTD.versusPPN POWER GEN. CO. PVT. LTD.

2014 INSC 248Dismissed

The appellant, a power distribution company, entered into a Power Purchase Agreement (PPA) with the respondent, a power generator, and disputed accounting details and rebate claims arising from monthly invoices. The dispute was taken before the Tamil Nadu Electricity Regulatory Commission (State …

V. KALA BHARATHI & ORS.versusTHE ORIENTAL INS. CO. LTD., BR. CHITOOR

2014 INSC 236Appeal(s) allowed

The appellants, legal heirs of a deceased road‑accident victim, were awarded Rs.98.40 million with 12% interest by the Motor Accident Claims Tribunal. The insurer appealed, reduced the principal to Rs.56.40 million but retained the interest rate, and made several partial payments. The Executing …

USHA BHARTIversusSTATE OF U.P. & ORS.

2014 INSC 224Dismissed

Usha Bharti, elected as Adhyaksh of the Zila Panchayat, Sitapur, challenged a motion of no confidence moved by 37 members under Section 28 of the Uttar Pradesh Kshettra Panchayat & Zila Panchayat Act, 1961. The High Court dismissed her writ petition and later her review petition, prompting a Special …

SOUMIK SILversusSUBHAS CHANDRA SIL

2014 INSC 203Appeal(s) allowed

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

JACINTA DE SILVAversusROSARINHO COSTA & ORS.

2014 INSC 202Dismissed

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

RAJASTHAN STATE TPT CORPN. & ANR.versusBAJRANG LAL

2014 INSC 192Appeal(s) allowed

The Rajasthan State Road Transport Corporation (the Corporation) appealed against judgments that had upheld a civil suit filed by its former trainee conductor, Bajrang Lal, challenging his removal from service for alleged embezzlement. The lower courts had found that the disciplinary enquiry …

MAYA DEVIversusLALTA PRASAD

2014 INSC 116Appeal(s) allowed

The appellant, Maya Devi, filed an objection under Order XXI Rule 58 to execution proceedings initiated by the decree holder, Lalta Prasad, who had obtained an ex‑parte money decree for Rs 3.40 lakh based on an alleged agreement for sale dated 3 Nov 2003 between him and the judgment debtor, Prem …

PRATIMA CHOWDHURYversusKALPANA MUKHERJEE & ANR.

2014 INSC 87Appeal(s) allowed

Pratima Chowdhury, a member of a West Bengal cooperative housing society, sought to transfer her flat and membership to Kalpana Mukherjee, claiming the transfer was a gift without consideration. The arbitrator found the transfer invalid, noting that the letters effecting the transfer were likely …

RAJINDER KUMARversusSHRI KULDEEP SINGH & OTHERS

2014 INSC 84Disposed off

Eight legal heirs sold a Delhi property to Kuldeep Singh in 1980, with the balance consideration to be paid after obtaining permission from the Land & Development Officer. A minor heir, Rajinder Kumar, challenged the agreement, and Kuldeep Singh filed a suit for specific performance which was …

ARIKALA NARASA REDDYversusVENKATA RAM REDDY REDDYGARI & ANR.

2014 INSC 76Disposed off

The 2009 Legislative Council election for Nizamabad saw a narrow result, leading the defeated candidate to file an election petition alleging wrongful rejection of three votes and wrongful acceptance of one vote. The appellant, who had been declared elected, filed a recrimination petition under …

SURJIT KAUR GILL & ANR.versusADARSH KAUR GILL & ANR.

2014 INSC 71Appeal(s) allowed

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 …

GODREJ & BOYCE MFG. CO. LTD. & ANR.versusTHE STATE OF MAHARASHTRA & ORS.

2014 INSC 68Appeal(s) allowed

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 …

MONTFORD BROTHERS OF ST. GABRIEL & ANR.versusUNITED INDIA INSURANCE & ANR. ETC.

2014 INSC 55Appeal(s) allowed

The Catholic society Montford Brothers of St. Gabriel filed a claim before the Mizoram Motor Accident Claims Tribunal (MACT) for compensation under the Motor Vehicles Act, 1988, after one of its members, a "Brother" who had renounced his family ties, died in a road accident. The Tribunal allowed the …

WORLD SPORT GROUP (MAURITIUS) LTD.versusMSM SATELLITE (SINGAPORE) PTE. LTD.

2014 INSC 50Appeal(s) allowed

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

DR. SUBRAMANIAN SWAMYversusSTATE OF TAMIL NADU & ORS.

2014 INSC 902Appeal(s) allowed

The case concerned the administration of the Sri Sabhanayagar Temple at Chidambaram, claimed by the Podhu Dikshitars, a Smarthi Brahmin community, as their religious denomination. The High Court had earlier dismissed the State's order appointing an Executive Officer under the Madras Hindu Religious …

SHIVSHANKAR GURGARversusDILIP

2014 INSC 4Appeal(s) allowed

Shivshankar Gurgar, a landlord, filed a suit under Section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961 for eviction of his tenant Dilip for arrears of rent. The parties entered into a compromise decree whereby the tenant would pay the arrears within six months, failing which the …

PRAFUL MANOHAR RELEversusSMT. KRISHNABAI NARAYAN GHOSALKAR & ORS.

2014 INSC 3Appeal(s) allowed

The plaintiff, Praful Manohar Rele, sued the heirs of Narayan Keshav Ghosalkar for possession of a house, alleging that they occupied it as gratuitous licensees whose licence had been validly terminated. The defendants counter‑claimed that they were tenants and sought eviction under the Bombay Rent …

KANPUR JAL SANSTHAN & ANOTHERversusM/S. BAPU CONSTRUCTION

2014 INSC 900Disposed off

Kanpur Jal Sansthan appealed against a High Court order that, after rejecting its Section 34 objection to an arbitral award, directed it to deposit the entire award amount while allowing the claimant to withdraw half without security. The Supreme Court held that once a Section 34 objection is …

MANAGEMENT OF SUNDARAM INDUSTRIES LTD.versusSUNDARAM INDUSTRIES EMPLOYEES UNION

2013 INSC 833Dismissed

The appellant, Sundaram Industries Ltd., directed its moulders to place production bags on an electronic weighing scale after their shift, which required extra effort and time without additional pay. Thirteen moulders refused, were suspended and later dismissed for alleged misconduct, persistent …

CHATTERJEE PETROCHEM CO. & ANRversusHALDIA PETROCHEMICALS LTD. & ORS.

2013 INSC 817Appeal(s) allowed

Chatterjee Petrochem (Mauritius) Co. invoked the arbitration clause in a restructuring agreement dated 12 January 2002, seeking ICC arbitration over a dispute with Haldia Petrochemicals Ltd. Haldia contended that a later agreement dated 8 March 2002, which granted exclusive jurisdiction to the …

M/S. PARAGON RUBBER INDUSTRIESversusM/S. PRAGATHI RUBBER MILLS & ORS.

2013 INSC 798Dismissed

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 …

MANOHARANversusSIVARAJAN & ORS.

2013 INSC 781Appeal(s) allowed

Manoharan filed a suit seeking a mandatory injunction and reconveyance of land after a loan transaction, but paid only one‑tenth of the court fee of Rs.28,797. The Sub‑Judge rejected his application for an extension of time to pay the balance fee, leading to dismissal of the suit. Manoharan …

STATE BANK OF INDIAversusGRACURE PHARMACEUTICALS LTD.

2013 INSC 773Appeal(s) allowed

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

HARYANA WAKF BOARDversusMAHESH KUMAR

2013 INSC 768Dismissed

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

A.M. SANGAPPA @ SANGAPPAversusSANGONDEPPA & ANR.

2013 INSC 759Disposed off

The appellant, A.M. Sangappa, challenged a judgment of the Karnataka High Court in a regular first appeal (RFA No. 238 of 2004). The issue was whether the High Court had complied with the procedural requirements of Order 41 Rule 31 of the Code of Civil Procedure, 1908, which obliges a court hearing …

DALJIT KAUR AND ANR.versusMUKTAR STEELS PVT. LTD.

2013 INSC 761Dismissed

Daljit Kaur and Anr. filed a suit seeking declaration that certain agreements were industrial licences. During the suit the parties entered into a compromise, which the plaintiff later disputed. The trial court recorded the compromise and, after conducting an enquiry into its validity, passed a …

TRIBHUVANSHANKARversusAMRUTLAL

2013 INSC 754Appeal(s) allowed

The plaintiff, Tribhuvansankar, purchased a property and sued the defendant, Amrutlal, under the Madhya Pradesh Accommodation Control Act, 1961 for eviction and mesne profits. The defendant denied any landlord‑tenant relationship and pleaded adverse possession, claiming 18‑19 years of uninterrupted …

JAGDISH SINGHversusHEERALAL AND OTHERS

2013 INSC 734Appeal(s) allowed

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 …

MIS. AVK TRADERSversusKERALA STATE CIVIL SUPPLIES CORPORATION LTD.

2013 INSC 733Appeal(s) allowed

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 …

SUKUMAR DEversusBIMALA AUDDY & ORS.

2013 INSC 725Dismissed

A decree for Rs.6,600 was passed in 1967 and the judgment debtors' property was auctioned in 1990, where the petitioners purchased it for Rs.1.5 lakh. The judgment debtor (Respondent No.4) sought to set aside the sale under Order 21 Rule 89 of the CPC, leading to a series of revisions and …

DR. BALRAM PRASADversusDR. KUNAL SAHA & ORS.

2013 INSC 717Disposed off

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

STATE OF RAJASTHANversusUCCHAB LAL CHHANWAL

2013 INSC 711Case Partly allowed

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

ONGC LTD.versusM/S. MODERN CONSTRUCTION AND CO.

2013 INSC 683Appeal(s) allowed

The appellant, ONGC Ltd., challenged a High Court order that allowed the respondent, M/s Modern Construction, to claim interest on a decree from the date the suit was originally filed in 1986 before a court that lacked territorial jurisdiction. The Supreme Court held that when a plaint is returned …

SURYA BAKSH SINGHversusSTATE OF UTTAR PRADESH

2013 INSC 681Hearing Adjourned

Surya Baksh Singh, a convicted offender, appealed his conviction before the High Court, which affirmed the conviction ex parte without his presence or counsel and rejected his request for remand. The Supreme Court examined the growing misuse of the appellate process whereby convicts obtain bail or …

VISHNU (DEAD) BY L.RSversusSTATE OF MAHARASHTRA AND OTHERS

2013 INSC 671Dismissed

The appellant, a contractor, entered into five irrigation contracts with the State of Maharashtra in 1983. After abandoning the work in 1985, he sought damages and later invoked Clause 30 of the contracts, claiming it was an arbitration clause that made the Superintending Engineer’s decision binding …

PUNJAB STATE POWER CORPORATION LTD. PATIALA & ORS.versusATMA SINGH GREWAL

2013 INSC 627Dismissed

The Punjab State Electricity Board (PSEB) appealed a High Court order that quashed a charge sheet served on a retired employee, Atma Singh Grewal, on the ground that the departmental proceeding was barred by the Punjab Civil Service Rules. The Division Bench of the High Court dismissed the appeal as …

GOVT. OF KARNATAKA AND ANRversusK.C.SUBRAMANYA AND ORS

2013 INSC 623Dismissed

The Government of Karnataka appealed a decree granting possession of disputed land to the respondents, seeking to introduce a road map as additional evidence at the appellate stage under Order XU Rule 27(1)(aa) of the CPC. The Supreme Court examined whether such evidence could be admitted when it …

LAFARGE AGGREGATES & CONCRETE INDIA P. LTDversusSUKARSH AZAD & ANR

2013 INSC 602Dismissed

Lafarge Aggregates & Concrete India Ltd. (appellant) lodged a complaint under Section 138 of the Negotiable Instruments Act after a cheque of Rs.2.5 lakh issued by the managing director of the respondents was stopped, leading to its dishonour. The respondents filed a petition under Section 482 of …

UMESH KUMARversusSTATE OF ANDHRA PRADESH & ANR

2013 INSC 590Disposed off

The case arose from a complaint alleging that a senior police officer, V. Dinesh Reddy, had amassed disproportionate assets, which was later claimed to be forged and signed by a fictitious MP. An investigation led to a charge sheet against Umesh Kumar under IPC sections 468, 471, 120‑B and 201, and …

GOVT. OF KERALA & ORS.versusSUDHIR KUMAR SHARMA & ORS.

2013 INSC 583Appeal(s) allowed

The plaintiff filed a suit against the State of Kerala without serving the statutory notice required under Section 80(1) of the CPC and sought leave to proceed under Section 80(2). The State filed applications under Order VII Rule 11 seeking rejection of the plaint, while the plaintiff’s Section …

BAL GOPAL MAHESHWARI & ORSversusSANJEEV KUMAR GUPTA

2013 INSC 579Appeal(s) allowed

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 …

KAMLESH VERMAversusMAYAWATI AND ORS.

2013 INSC 526Disposed off

The Supreme Court reviewed a petition filed by Kamlesh Verma seeking a review of its July 6, 2012 order that quashed FIR No. RC 0062003A0019 against Mayawati, finding that the order was correctly based on the earlier judgment that the 18 September 2003 direction did not authorize a separate FIR on …

STATE BANK OF INDIA THR. GENERAL MANAGERversusNATIONAL HOUSING BANK & ORS.

2013 INSC 504Disposed off

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 …

ARATHI SANDIversusBANDI JAGADRAKSHAKA RAO AND ORS.

2013 INSC 473Dismissed

Arathi Sandi and Sandi Jagadrakshaka Rao, a married couple residing in the United States, fought a divorce and child‑custody dispute. The US Superior Court initially granted primary custody of their US‑citizen son to the mother, later modifying the order to make the father the custodial parent and …

M/S. HOTEL QUEEN ROAD PVT. LTD. & ORS.versusMR. RAM PARSHOTAM MITTAL & ORS.

2013 INSC 468Dismissed

The Delhi High Court, after substantially hearing an appeal, allowed the appellants to withdraw the appeal and extended the interim relief granted earlier until 10 May 2010. The appellants contended that the High Court, having become functus officio upon permitting withdrawal, could not lawfully …

M/S. SWASTIK GASES P. LTD.versusINDIAN OIL CORP. LTD.

2013 INSC 422Dismissed

Swastik Gases Pvt. Ltd. entered into a consignment agency agreement with Indian Oil Corp. that contained a clause stating the agreement was subject to the jurisdiction of the courts at Kolkata. When a dispute arose, Swastik filed an application under Section 11 of the Arbitration and Conciliation …

VATHSALA MANICKAVASAGAM & ORS.versusN. GANESAN & ANR.

2013 INSC 411Appeal(s) allowed

A family of five members disputed the ownership of three houses. The mother, two sons and a daughter filed a partition suit against the eldest son, claiming a 4/5 share in the properties. The trial court, relying on the mother’s testimony and a letter (Ex.A‑17) written by the eldest son, held that …

M.B. RAMESH (D) BY LRS.versusK.M. VEERAJE URS (D) BY LRS. & ORS.

2013 INSC 308Dismissed

The respondents filed a suit claiming title to ancestral land based on a will dated 24‑10‑1943 executed by the testatrix, Smt. Nagammanni, and registered the next day. The trial court and the first appellate court dismissed the suit, holding that the will was not proved because it did not satisfy …

UNION OF INDIAversusSANDUR MANGANESE & IRON ORES LTD. AND ORS.

2013 INSC 277Disposed off

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

MASHYAK GRIHNIRMAN SAHAKARI SANSTHA MARYADITversusUSMAN HABIB DHUKA & ORS.

2013 INSC 266Appeal(s) allowed

The appellant, a co‑operative housing society, entered into a development agreement and later amalgamated two of its plots. The plaintiffs, members of the society, sued to restrain construction on the amalgamated plot but did not challenge a conveyance deed dated 8 February 1989 at the time of …

S. MALLA REDDYversusM/S. FUTURE BUILDERS CO-OPERATIVE HOUSING SOCIETY & ORS.

2013 INSC 272Dismissed

The plaintiff, a co‑operative housing society, sued the defendants for a declaration of title and a perpetual injunction. The defendants filed a written statement admitting the plaintiff's claim and asked for a decree. Later they sought to strike out that written statement (Order VI Rule 16 CPC) and …

SMT. NEENA VIKRAM VERMAversusBALMUKUND SINGH GAUTAM & ORS.

2013 INSC 251Appeal(s) allowed

In the 2008 Madhya Pradesh Legislative Assembly election, Neena Vikram Verma was declared elected by a single vote over Balmukund Singh Gautam, who filed an election petition alleging irregularities in postal ballot counting. Verma responded with a recrimination petition under Section 97 of the …

RAM PRAKASH AGARWAL & ANR.versusGOPI KRISHAN (DEAD THROUGH L.RS.) & ORS.

2013 INSC 239Appeal(s) allowed

The land in question was jointly owned and was acquired under the Land Acquisition Act, 1894. One co‑owner (the appellants) filed a reference under Section 18 of the Act for enhanced compensation without impleading the other co‑owner (the respondent). The Reference Court awarded compensation to both …

S. KESARI HANUMAN GOUDversusANJUM JEHAN & ORS.

2013 INSC 233Disposed off

The appellant, S. Kesari Hanuman Goud, filed a suit for specific performance of a 1977 agreement to sell land, asserting that he was always ready and willing to fulfil his part of the contract. The respondent, Anjum Jehan, contended that the appellant lacked the financial capacity and therefore was …

VENKATARAJA & ORS.versusVIDYANE DOURERADJAPERUMAL (D) THR.LRS. & ORS.

2013 INSC 236Dismissed

The appellants sought a declaration of title to a property in Pondicherry, alleging that a prior sale by a Hindu widow who held only a life estate was void. The trial court dismissed the suit for lack of a claim for possession, a decision upheld by the High Court, which also held that the widow had …

ASPI JAL & ANR.versusKHUSHROO RUSTOM DADYBURJOR

2013 INSC 218Appeal(s) allowed

The plaintiffs, owners of a building, filed three eviction suits against the same tenant. The first two suits (2004) sought eviction on the ground of non‑use for several years, while the third suit (2010) sought eviction on the ground of non‑use for a continuous period of at least six months …

AMALENDU KUMAR BERA & ORS.versusTHE STATE OF WEST BENGAL

2013 INSC 191Appeal(s) allowed

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

SHIVDEV KAUR (D) BY LRS. & ORS.versusR.S. GREWAL

2013 INSC 177Dismissed

Dr. Hira Singh's 1944 will granted his daughter Shivdev Kaur a life interest in a property. After the Hindu Succession Act, 1956 came into force, Shivdev Kaur claimed that the life interest had crystallised into an absolute title under Section 14 of the Act. The lower courts held that the life …

SUSHIL K. CHAKRAVARTY (D) THR. LRS.versusM/S. TEJ PROPERTIES PVT. LTD.

2013 INSC 174Dismissed

The case concerned two cross suits between Sushil K. Chakravarty (deceased) and M/s Tej Properties Pvt. Ltd. over an agreement to sell agricultural land. The sole defendant died during the pendency of the suit, and the Delhi High Court proceeded ex‑parte without impleading his legal heirs, invoking …

SHANTILAL GULABCHAND MUTHAversusTATA ENGINEERING & LOCOMOTIVE CO. LTD. & ANR.

[2013] 2 S.C.R. 432Disposed off

The appellant purchased five Tata diesel vehicles and paid the price through eight bills of exchange drawn on his banker. The respondent sued for the balance amount, but the appellant, believing the debt settled, failed to file a written statement. The trial court passed a decree under Order VIII …

SHANTILAL GULABCHAND MUTHAversusTATA ENGINEERING & LOCOMOTIVE CO. LTD. & ANR.

2013 INSC 172Disposed off

Shantilal purchased five Tata diesel vehicles and paid the price through a series of bills of exchange. Tata Engineering filed a suit for recovery of Rs.5,66,000 plus interest, but Shantilal did not file a written statement, believing the amount had been paid. The trial court passed an ex parte …

NAGENDRAPPA NATIKARversusNEELAMMA

2013 INSC 168Dismissed

The husband and wife married in 1987, after which the wife sought maintenance under Section 125 of the Criminal Procedure Code. The parties later entered into a compromise under Order 23 Rule 3 of the Civil Procedure Code, agreeing that the wife would receive a lump sum of Rs 8,000 as permanent …

JOSEPH JOHN PETER SANDYversusVERONICA THOMAS RAJKUMAR & ANR

2013 INSC 156Dismissed

The appellant, Joseph John Peter Sandy, sought a decree of rectification of a 1981 settlement deed that had transferred a house to his sister, Veronica Thomas Rajkumar, alleging a mistake and that the parties intended to exchange the properties. The sister contested, claiming the alleged agreement …

G.M. SIDDESHWARversusPRASANNA KUMAR

2013 INSC 142Dismissed

The case concerned an election petition challenging the 2009 Lok Sabha election of G.M. Siddeshwar, wherein the petitioner Prasanna Kumar alleged corrupt practices. The petitioner filed an affidavit in the form prescribed by Rule 94‑A (Form No.25) but the affidavit was not in exact format and the …

THOMSON PRESS (INDIA) LTD.versusNANAK BUILDERS & INVESTORS P. LTD. & ORS.

2013 INSC 118Appeal(s) allowed

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

MATA PRASAD MATHUR (DEAD) BY LRS.versusJWALA PRASAD MATHUR & ORS.

2013 INSC 113Dismissed

The plaintiffs filed a suit for declaration, partition and injunction against several defendants, one of whom, Virendra Kumar, died without contesting the suit. The trial court dismissed the suit as abated for failure to substitute the deceased's legal representatives. On appeal, the first appellate …

STATE OF ASSAMversusRIPA SARMA

2013 INSC 114Dismissed

The State of Assam filed a Special Leave Petition (SLP) under Article 136 of the Constitution challenging only the Gauhati High Court's order dismissing its review petition, without challenging the original judgment of the Writ Appeal dated 20 November 2007. The Court examined whether an SLP can be …

NASIB KAUR AND ORS.versusCOL SURAT SINGH (DECEASED) THROUGH L.RS & ORS.

2013 INSC 95Appeal(s) allowed

The case involved a dispute over ownership and possession of land sold by Col. Surat Singh, the plaintiff, to Col. Girdhar Singh, who later sold it to the defendants. The plaintiff filed suits for declaration of title and permanent injunction, but the trial courts and the first appellate court found …

THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY & ANR.versusBRIJESH REDDY & ANR.

2013 INSC 86Appeal(s) allowed

The Bangalore Development Authority (BDA) had acquired certain lands under the Land Acquisition Act, 1894 in the 1960s and 1970s. In 1995 Brijesh Reddy purchased a portion of such land and later filed a suit in a civil court seeking a permanent injunction restraining the BDA from interfering with …

LAKSHMI ALIAS BHAGYALAKSHMI AND ANR.versusE. JAYARAM (D) BY LR.

2013 INSC 80Appeal(s) allowed

The plaintiffs claimed ownership of a property purchased from the defendant, although the sale deed was unregistered, and filed a suit for permanent injunction together with an application under Order 39 Rules 1 and 2 of the CPC for interim relief. The trial court granted an interim injunction …

M/S. KALINGA MINING CORPORATIONversusUNION OF INDIA & ORS.

2013 INSC 83Dismissed

M/s Kalinga Mining Corporation (appellant) challenged the grant of a mining lease to the legal heirs of the deceased Dr. Sarojini Pradhan (respondent No.10). The High Court had earlier allowed the substitution of the legal heirs, dismissed an SLP against that order, and later upheld the lease grant. …