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4176 judgments · newest first · showing 2201–2400
The case concerned the adoption of an eight‑year‑old boy by Smt. Laxmibai, a female Hindu, under the Hindu Adoptions and Maintenance Act, 1956. The adoption deed was executed and registered on the same day as the ceremony, and the trial court held the adoption valid. The respondents claimed a …
The respondent filed a suit for injunction which was dismissed, appealed and eventually filed a second appeal in 2001. The High Court allowed the appeal after a ten‑year saga marked by repeated adjournments, non‑appearance of counsel and a dismissal for non‑prosecution in 2003, later restored in …
Five candidates who were serving as Assistant District Attorneys, Public Prosecutors or Deputy Advocate General were selected for the post of Additional District and Sessions Judge in Haryana through direct recruitment. The Punjab and Haryana High Court quashed their appointments, holding that they …
The Karnataka Lokayukta post of Upa‑Lokayukta became vacant and the Chief Minister advised the Governor to appoint Justice Chandrashekaraiah without consulting the Chief Justice of the Karnataka High Court, as required by s.3(2)(b) of the Karnataka Lokayukta Act, 1984. The High Court quashed the …
The appellants purchased a mortgaged property at a public auction conducted by a Recovery Officer under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDB Act). The auction was later set aside by the Debt Recovery Appellate Tribunal on the ground that the appellants were …
The appellants, a partnership firm, sued the defendant for recovery of advances allegedly given to him, relying on entries and the defendant's signatures in their cash book. The defendant denied ever borrowing and contested the signatures, but offered no specific denial in the pleadings and produced …
Sarabjit Singh filed a suit challenging a will, claiming co‑share in ancestral joint Hindu family property. The trial court declared the will void and decreed in his favour. On appeal by defendants 1‑4, the appellate court set aside that decree and dismissed the suit. Defendant No. 5, the brother of …
The appellants, long-time occupants of certain lands, challenged a 1980 notification under Section 6 of the Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006 that declared the lands evacuee property vested in the Custodian. They claimed to be protected tenants‑at‑will existing …
Retired judges of the Bombay High Court complained that the Central Government Health Scheme (CGHS) was unavailable in many areas, limiting their medical treatment and reimbursement. The Bombay High Court, treating the complaint as a suo motu writ, directed the Maharashtra Government to frame rules …
The Supreme Court reviewed a 2007 order that directed the Central Bureau of Investigation (CBI) to inquire into alleged disproportionate assets of a political family and to submit its report to the Union of India. The petitioners sought a review, arguing that the Court lacked jurisdiction to order a …
In the 2012 presidential election, petitioner Purno Agitok Sangma challenged the election of Pranab Mukherjee on the ground that Mukherjee held two "offices of profit" – Chairman of the Indian Statistical Institute (ISI) and Leader of the House in the Lok Sabha – at the time of filing his …
The Delhi High Court dismissed an election petition challenging the 2009 Lok Sabha election of Ajay Maken on grounds of alleged corrupt practices. The appellant argued that the petition should be thrown out for (i) the copy served on him not being a true copy under Section 81(3) of the …
The State of Gujarat and the Mamlatdar sought to enforce the Gujarat Agricultural Lands Ceiling Act, 1960 against Manoharsinhji Pradyumansinhji Jadeja, whose 587 acres of land were declared surplus. Jadeja contended that the lands were "urban land" under the Urban Land (Ceiling and Regulation) Act, …
In a partition suit, the suit property was ordered to be sold by public auction. J.S. Exim Ltd., the highest bidder, paid 25% of the bid amount by demand drafts on the auction day and the remaining 75% within the statutory period. The judgment debtor, Ram Karan Gupta, challenged the sale alleging …
The State of Haryana acquired land under the Land Acquisition Act, 1894 and the reference court enhanced compensation in 1980, awarding 15% solatium and 6% interest. After the 1984 amendment to the Act, the landowners filed applications under CPC sections 151 and 152 in 1989 seeking the enhanced …
The appellant, Aymubkhan Noorkhan Pathan, was appointed as a senior clerk in the Aurangabad Municipal Corporation under a Scheduled Tribe reservation based on a caste certificate that declared him a member of the Bhil Tadvi tribe. Respondent No.5, a general‑category citizen, alleged that the …
The petitioner filed Special Leave Petition (SLP) No.7735 of 2010 against respondent Surjit Singh, who had actually died on 09‑06‑2009, a fact discovered only later. The petitioner then moved Interlocutory Application (I.A.) No.2 seeking substitution of the deceased respondent’s legal …
Bharat Heavy Electricals Ltd. (appellant) challenged an execution petition filed by R.S. Avtar Singh & Co. (respondent) on the ground that the arbitral award, made a rule of court on 31‑05‑1985, had been fully satisfied by part payments made in 1985 and 2000, and that no further interest could be …
The parties were married in 1992 and had two daughters. They obtained a decree of divorce by mutual consent in 2003, expressly agreeing that the husband would have sole custody of the children and the wife would forego visitation rights. The wife later challenged the decree on grounds of fraud and …
Vinod Kapoor challenged the construction of a bungalow on C‑land in Goa, alleging violations of the Town and Country Planning Act, 1974 and the Coastal Regulation Zone notification under the Environment (Protection) Act, 1986. The Bombay High Court dismissed his writ petition on the basis of a …
Chloro Controls (India) Pvt. Ltd. filed a suit seeking declaration and injunction against Severn Trent Water Purification Inc. and related entities over a joint‑venture arrangement involving multiple agreements, some of which contained arbitration clauses. The respondents moved under Section 45 of …
The appellants, who had purchased land from the predecessor-in-interest, filed a suit for a permanent injunction against respondents who claimed title based on later sale deeds. They later sought to amend the plaint to include a declaration of title and cancellation of those sale deeds. The trial …
M/S Payal Vision Ltd., the landlord, filed a suit for possession and mesne profits against Radhika Choudhary, the tenant, alleging a lease of Rs.50,000 per month and a notice under Section 106 of the Transfer of Property Act terminating the tenancy due to unauthorized structural changes. The tenant …
The State of Uttarakhand appealed against the Board of Revenue’s order that had allowed a second appeal under Section 331(4) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, declaring that respondents had acquired Bhumidar rights by adverse possession. The Supreme Court examined …
Virgo Industries (Eng.) Ltd filed two suits in 2005 seeking a permanent injunction against VentureTech Solutions Ltd to prevent alienation of two parcels of land. In 2007, while those suits were still pending, Virgo filed two additional suits for specific performance of the same sale agreements. The …
The dispute arose from a contract between Bharat Aluminium Co. and Kaiser Aluminium Technical Service, Inc. that provided for arbitration in London under English law, but governed the contract by Indian law. After two awards were rendered in England, the appellant sought to set aside the awards …
The Supreme Court examined admissions to a private unaided medical college in Rajasthan where 117 students were admitted without a competitive entrance test, contrary to Regulation 5(2) of the MCI Regulations. The Court held that there was no consensual agreement between the college and the State to …
The Delhi High Court entertained a suit for specific performance of an agreement dated 13‑9‑1988 and restrained the vendor from alienating the property. The vendor later sold the suit property to six companies (the appellants) who, in turn, sold it to Bhagwati Developers, all in violation of the …
The appellant filed an appeal in the Delhi High Court but, due to a clerical error, the vakalatnama of his new counsel was not filed and no lawyer appeared for either party at the final hearing. Despite the absence of representation, the High Court examined the merits of the case and dismissed the …
The landlord, Raju Jhurni, obtained an eviction decree against the tenant company under the West Bengal Premises Tenancy Act, 1956, but the decree did not determine the arrears of rent. He then filed a winding‑up petition before the Company Court under Sections 433, 434 and 439 of the Companies Act, …
The Bar Council of India challenged the constitutional validity of Sections 22‑A to 22‑E of the Legal Services Authorities Act, 1987 (as inserted by the 2002 Amendment), arguing that they were arbitrary, violated Articles 14 and 21, denied a right of appeal and encroached on the jurisdiction of …
The dispute involved a suit for possession of land in Himachal Pradesh that had passed through several owners and litigants. The defendant filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking rejection of the plaint on the ground that it was barred by provisions …
The plaintiff filed a suit seeking a declaration of title over agricultural land, alleging ancestral grant from the Maratha Government and a partition in 1819, while the Union of India contested the title. The trial court dismissed the suit, but the first appellate court reversed the decision by …
The petitioner, Nitin Gunwant Shah, claimed to be a monthly tenant of a flat in Mumbai based on a 1989 "Leave and Licence" agreement and sought a declaration to that effect. The Indian Bank, holding a mortgage over the same property, obtained a decree for recovery of dues and sought to sell the …
The Supreme Court considered two appeals by suppliers of aluminium conductors against the Assam State Electricity Board concerning claims for interest on delayed payments under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993. The Court held that a suit …
The appellant, a returned candidate, appealed a High Court order that refused to dismiss an election petition filed by the respondent alleging irregularities in vote counting. The Supreme Court examined whether the petition disclosed a cause of action and could be struck out at the threshold, and …
The case involved a claim for compensation under Section 166 of the Motor Vehicles Act after the death of Nanag Ram, a 36‑year‑old machine operator, in a road accident. The claimants sought Rs.24 lakh, while the insurer challenged the award on several grounds. The Supreme Court examined whether the …
The husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 alleging mental cruelty by his wife, who had publicly defamed him, hidden his clothes and keys, and made false criminal allegations. The trial court and appellate courts dismissed the petition, deeming the …
The appellant, an independent candidate, filed an election petition challenging the acceptance of nomination papers of the other candidates on the ground that their affidavits were not in the prescribed format required under the Representation of People Act and Election Commission directions. The …
The appellants filed a suit for specific performance but initially paid only a deficient court fee. After multiple representations and condonation of delay, the trial court allowed the deficit fee to be paid well beyond the limitation period. The second defendant, a pendente‑lite purchaser, was …
The Church of Christ Charitable Trust & Educational Charitable Society (appellant) challenged the Madras High Court Division Bench’s reversal of a single judge’s order rejecting the plaint against it in a suit for specific performance filed by M/s Ponniamman Educational Trust (respondent). The …
The Haryana State Industrial Development Corporation (HSIDC) sought review of a Supreme Court judgment that fixed compensation for land acquired for an industrial township, alleging that the market value was based on a fraudulent sale deed (Exhibit P1) between two companies allegedly under common …
The appellants, selected as Lower Division Clerks in 1984, were appointed only in 1993 and 1996 after court orders, while similarly placed candidates (Parveen Singh and others) obtained retroactive appointments and back wages following a tribunal order and a Punjab‑Haryana High Court judgment. The …
The appellant, the daughter of Badami, challenged a 1973 decree that had been obtained through a purported family settlement in which Badami allegedly transferred her entire share of ancestral land to Bhali. The trial court had passed the decree within three days of filing, without proper …
The appellant, Best Sellers Retail (India) Pvt. Ltd. (and A.C. Thirumalaraj), challenged a temporary injunction granted to respondent Aditya Birla Nuvo Ltd. that restrained the defendants from leasing or encumbering a suit property pending a suit for specific performance. The trial court and High …
The Supreme Court Bar Association (SCBA) had been directed by the Supreme Court in 2011 to identify regular practitioners for voting rights under the "One Bar One Vote" principle. While the Implementation Committee was carrying out this task, the SCBA held a General Body Meeting on 16 January 2012 …
The appellant, a returned candidate, challenged an election petition filed by the respondent alleging corrupt practices under Sections 123 of the Representation of the People Act, 1951. The High Court, despite noting deficiencies in the petition, directed the respondent to amend the pleadings and …
The appellants, including DSR Steel (P) Ltd., challenged the Rajasthan Electricity Regulatory Commission’s tariff order and the withdrawal of an incentive scheme, alleging promissory estoppel. Their review petitions were dismissed by the Commission and the Appellate Tribunal, and they filed appeals …
The appellant, P.A. Mohammed Riyas, contested the 2009 Lok Sabha election from Kozhikode and filed an election petition alleging that the respondent, M.K. Raghavan, committed corrupt practice by publishing false statements, invoking Sections 81, 100, 101 and 123 of the Representation of the People …
The plaintiff filed a partition suit claiming a 13‑acre property as joint family property and the defendants, though served with summons and represented by counsel, never filed a written statement. The trial court, relying solely on the plaintiff’s affidavit and documents, passed an ex‑parte decree …
The plaintiffs obtained a decree for permanent injunction, which was set aside by a first appellate court that remanded the suit for fresh trial under Order 41 Rule 23A of the Code of Civil Procedure. The plaintiffs filed a civil miscellaneous appeal under Order 43 Rule 1(u) challenging the remand …
In a suit for permanent injunction, the parties entered into a compromise decree dated 06‑09‑1996 requiring the defendant to pay a sum within six months. The defendant failed to pay, and the decree-holder filed an execution petition on 17‑02‑1997, before the six‑month period had expired. The …
The respondent filed a suit for specific performance of a sale agreement in 2007. In 2008 the plaintiff sought to amend the plaint to implead additional parties and to detail how the consideration was paid. The High Court allowed the amendment in part, which the appellant (defendant) challenged on …
The appellant, a sister, owned a house in Goa purchased at auction, while her brother was allowed to occupy it as a caretaker. After the appellant returned to Goa in 1992, the brother filed a suit for a mandatory injunction to prevent her from taking possession, claiming a family arrangement. The …
The dispute involved a suit for specific performance of a land sale agreement where the trial court decreed specific performance, the District Judge reversed the decree and ordered a refund of earnest money, and the High Court allowed a second appeal, set aside the District Judge’s order and …
In the 25‑Champua Assembly constituency, an independent candidate died after the withdrawal deadline but before polling, yet his name remained on the Electronic Voting Machine (EVM) and he received 550 votes. The election petitioner alleged that, had the deceased candidate’s name been masked, those …
The appellants, tenant members of a housing co‑operative society, filed suits in the Bombay High Court seeking declaration that a resolution to sell society land and the subsequent conveyance to third parties were illegal and void. The respondents argued that the suits were barred by Sections 91 and …
The appellant, HDFC, granted a loan to the borrower (defendant No.1) who executed a loan agreement, a promissory note and created an equitable mortgage. Two other defendants stood as guarantors and signed letters of guarantee. After the borrower defaulted, HDFC sued both the borrower and the …
Horil filed a civil suit in the Munsif Court seeking a declaration that a decree passed by the Assistant Collector, a revenue officer, under the Uttar Pradesh Zamindari Abolition & Land Reforms Act was fraudulent because it was based on a forged compromise petition. The respondents contended that …
The parties entered into a supply agreement at Calcutta (place 'C') and a mutual understanding that any dispute would be litigated exclusively in Calcutta courts. When a dispute arose, the petitioner filed a suit in Calcutta, but the respondent filed a separate suit in Vijayawada (place 'V'), which …
The respondents filed a suit for specific performance of a sale contract, but their plaint omitted the mandatory averment under Section 16(c) of the Specific Relief Act that they were ready and willing to perform. After the trial concluded and the matter was reserved for judgment, they sought to …
The appellants, children and legal representatives of the deceased landlord, filed a contempt petition under Section 11(2) of the Contempt of Courts Act, 1971, alleging that the respondents had abused the process of the court by filing a second application in execution proceedings. The High Court …
The Coal Mines Provident Fund Commissioner (appellant) challenged a Jharkhand High Court order that upheld a suit filed by a former lower‑division clerk (respondent) who had been removed from service. The central issue was whether the Commissioner, as a public officer under Section 2(17) of the Code …
The appellants, Disha Constructions and others, entered into a contract to construct a school auditorium and were partially paid, leaving a balance due from September 2006. They served a notice under Section 80 of the CPC to the first defendant on 19 February 2009, which was received on 27 February …
The respondent, a Judicial Officer, applied for recruitment to the Andhra Pradesh Judicial Service stating his date of birth as 1 July 1949 based on his school certificate, but later obtained a civil decree declaring his birth as 29 March 1953 and used that date at the time of joining service in …
The appellant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, which the magistrate referred to a Lok Adalat for settlement. The parties reached a compromise and the Lok Adalat passed an award, but the respondent failed to honour the payment schedule, leading the …
The plaintiff, M.S.S. Food Products, sued the appellants for passing off, seeking a declaration and injunction over the use of the mark "Manikchand". The trial court granted an interim ex parte injunction, later proceeded ex parte after the defendants failed to appear, closed their right to …
The appellant, a farmer, challenged the acquisition of his agricultural land by the State of Haryana, alleging that the statutory notices under the Land Acquisition Act, 1894 were not properly published, he was denied a hearing, and that possession of his land was never actually taken because crops …
Makers Development Services Pvt. Ltd. entered into a 1980 agreement with M. Visvesvaraya Industrial Research and Development Centre for constructing a hotel complex and obtaining a 60‑year lease. After the construction stalled at 80 ft, the respondent served a notice to vacate the premises in July …
The case concerned the T. Thomas Educational Trust, founded by a Christian philanthropist to run schools and a college. After the founder's death, allegations of mis‑management by his widow led three interested persons to file a suit under Section 92(1)(g) of the Code of Civil Procedure seeking a …
The appellants, land owners, challenged the appointment of Shri V.I. Gohil as the Competent Authority under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, arguing that his salary, allowances, accommodation and transport were paid by the private gas‑pipeline …
The appellant Sanjeev Kumar Jain appealed against a Delhi High Court order that awarded the respondents Rs 45,28,000 as costs in an appeal concerning a vacated interim injunction. The Supreme Court examined whether the High Court could award such a sum, given the provisions of Section 35 of the Code …
A suit for partition of a Mitakshara coparcenary property was filed by a son (respondent No.1) against his father, brother and two sisters (the appellants). The trial court passed a preliminary decree in 1999, amended in 2003, determining the parties' shares, but a final decree had not been …
The appellant challenged a notification and the handling of a review petition concerning a writ appeal that had been dismissed by a Division Bench of the Karnataka High Court. The review petition was heard by a different Division Bench under a 29‑December‑2008 notification and was allowed on 17 …
The case concerned the validity of the fifteen directions issued by the Supreme Court in Kumari Madhuri Patil for verification of caste certificates and the procedural rights of parties challenging the orders of the State Level Screening Committee. Dayaram, the President of the Scheduled Caste …
The Supreme Court Bar Association (SCBA) amended its Rule 18 to introduce a "One Bar One Vote" principle, restricting voting rights to advocates who regularly practice before the Supreme Court. Two SCBA members, B.D. Kaushik and A.K. Manchanda, challenged the amendment and obtained an interim …
Kanwar Singh Saini appealed against a conviction for criminal contempt by the Delhi High Court for allegedly breaching an undertaking given in a civil suit that resulted in a decree granting a permanent injunction. The Supreme Court held that an application under Order XXXIX Rule 2A of the CPC is …
The appellants, heirs of Ambya Kalya Mhatre, owned land acquired for the New Bombay project and were awarded compensation by the Special Land Acquisition Officer. Dissatisfied, they applied under section 18 of the Land Acquisition Act, 1894 for a reference to the civil court, initially seeking only …
The appellants, Khatri Hotels Private Ltd. and another, claimed title and sought an injunction over land they alleged to have purchased. The land had been urbanised under the Delhi Municipal Corporation Act, 1957 and transferred to the Delhi Development Authority (DOA) by notification under the …
The respondents, former security guards of the Patratu Thermal Power Station, were dismissed in 1975 and filed a civil suit in Patna in 1979 seeking reinstatement, which the trial court allowed. The Bihar State Electricity Board appealed, and the appeal was heard by the Additional District Judge, …
The National Textile Corporation Ltd. (NTC) occupied premises that were originally leased to Poddar Mills, a textile undertaking taken over by the Central Government under the Textile Undertakings (Nationalisation) Act, 1995. The owners of the premises filed an eviction suit under the Maharashtra …
The appellant, Pirthi, filed a suit for possession by way of pre-emption as a co‑sharer of agricultural land, before the Punjab Pre‑emption Act, 1913 was amended. While the suit was pending, the Haryana Amendment Act 10 of 1995 substituted Section 15, restricting the right of pre‑emption to tenants …
The plaintiff, Mis. Shiv Cotex, sued the Punjab Financial Corporation for allegedly illegal takeover of its mortgaged assets under the State Financial Corporations Act, 1951. The trial court dismissed the suit after the plaintiff failed to produce evidence on three scheduled dates, invoking Order …
The buyer placed a purchase order for Syrian rock phosphate and obtained an irrevocable letter of credit (LC) from State Bank of India (issuing bank) in favour of the seller. The seller presented documents to the negotiating bank, which forwarded them to the issuing bank; the bank flagged …
The State of Madhya Pradesh filed an original suit under Article 131 of the Constitution challenging the Central Government's notifications issued under sections 58(3) and 58(4) of the Madhya Pradesh Reorganisation Act, 2000, which dissolved the M.P. Electricity Board and apportioned its assets. In …
The respondent filed a complaint before the Maharashtra State Consumer Dispute Redressal Commission alleging delay and damage to a consignment shipped by Ethiopian Airlines. The State Commission dismissed the complaint; the National Consumer Disputes Redressal Commission set aside that order and …
The parties entered into a manufacturing agreement that contained an arbitration clause specifying Delhi as the venue and jurisdiction. The respondent sued the appellant in the Munsif Court, Gaya, and the appellant sought a stay of the suit under section 34 of the Arbitration Act, 1940. Subsequent …
The appellants Bakshi Dev Raj & Anr. challenged a decree modified by the High Court in a second appeal, alleging that their counsel settled the matter without a written agreement and that the subsequent review petition was barred because their Special Leave Petition (SLP) had been dismissed as …
The parties entered into a high‑seas sale agreement for 16,943 metric tonnes of South African coal. The seller delivered the whole consignment to a stevedore, who released 9,542.92 tonnes to the buyer, leaving 7,400.082 tonnes in its custody. The buyer failed to pay the balance price, prompting the …
The Delhi Development Authority (DDA) sought compensation for land acquired under the Land Acquisition Act, 1894, while the original landowners had filed claims for Rs.4,000 per square yard. During the proceedings the landowners executed assignment deeds transferring their compensation rights to …
The deceased, a 46‑year‑old bank manager earning Rs.23,134 per month, died in a motor accident. The Motor Accident Claims Tribunal awarded compensation of Rs.24,12,936 with interest. The insurer appealed, and the High Court reduced the award by 30% on the ground of income‑tax deduction, bringing it …
Umerkhan appealed to the Supreme Court against a judgment of the Bombay High Court that had set aside the first appellate court's decree in a partition suit and restored the trial court's decree. The High Court had entertained the second appeal under Section 100 of the Code of Civil Procedure, 1908, …
The Supreme Court considered a dispute arising from a BOT concession agreement for the Bharatpur bypass road, where the contractor claimed entitlement to tolls and compensation for delay in the State's issuance of a traffic‑restriction notification and for the Bharatpur‑Deeg patch of road. The …
The Supreme Court examined a long‑running environmental dispute in which chemical industries in Bichhri, Rajasthan had been ordered in 1996 to pay Rs.37.385 crore for remediation of toxic sludge and to have their plants closed. Despite the judgment, the respondents repeatedly filed interlocutory …
The Supreme Court examined the Jaipur Development Authority’s attempt to regularise illegal land allotments in the Lal Kothi Scheme, which were based on a letter dated 6 December 2001 purporting to be a government policy. The Court held that the letter was not a valid policy order under Article 166 …
The Union of India challenged an arbitral award that granted interest on amounts payable to M/s. Krafters Engineering & Leasing (P) Ltd. under a works contract, arguing that Clause 1.15 of the General Conditions expressly prohibited any interest on such amounts. The High Court had upheld the award, …
The appellant filed two suits for recovery of money against the respondent, a retired Deputy Conservator of Forest drawing a pension of Rs 10,500, and obtained decrees in his favour. The respondent appealed the decrees before the Kerala High Court and sought to prosecute the appeals as an indigent …
The Supreme Court examined a batch of Special Leave Petitions arising from orders of the Delhi and Calcutta High Courts that refused to enforce foreign arbitral awards or to award interest. The central question was whether an order that is not appealable under section 50 of the Arbitration and …
In the 2008 Karnataka Assembly election, the returned candidate Nandiesha Reddy's election was challenged by Kavitha Mahesh, who alleged that her nomination paper, signed by ten electors, was illegally rejected by the Returning Officer. The petitioner filed an election petition and the returned …
Tata Steel (respondent) sued Himani Alloys Ltd. (appellant) for recovery of a sum and filed an application for a decree on admission under Order 12 Rule 6, claiming the appellant had admitted liability for Rs 74.57 lakhs in minutes of a meeting dated 9 December 2000. The Calcutta High Court, finding …
The State of Rajasthan raised the royalty on limestone through notifications, prompting lessees to file writ petitions challenging the increase and obtain interim stays that allowed them to pay the lower rate. After the writs were dismissed, the lessees paid the differential royalty but the State …
The Supreme Court examined the validity of the Grievance Redressal Committee created under Maharashtra's Shikshan Sevak Scheme, which had been reconstituted by the High Court to function as a quasi‑judicial tribunal headed by a retired judge. The petitioners, private schools, challenged the …
The respondent Jagdish obtained a right of way over the appellants' land under Section 131 of the Madhya Pradesh Land Revenue Code, which the Tahsildar approved. The appellants challenged this by filing a civil suit for a declaration that no easement existed and that the Tahsildar's order was …
In a suit for declaration, possession and damages, the sole plaintiff died and the appellant sought to be added as the legal representative under Order 22 Rule 3 of the CPC, claiming entitlement under a will. The trial court rejected the application, found the will unproved and dismissed the suit …
The appellant, Joseph Salvaraj A., was charged under IPC sections 406, 420 and 506(1) for allegedly failing to pay Rs 10 lacs to a cable operator after promising to broadcast his channel "God TV" in Ahmedabad. The complainant, a mediator, lodged an FIR claiming the appellant had breached a contract, …
The plaintiff, a landlady, leased a shop to the tenant (defendant No.1) for a grocery business. The tenant allegedly sublet the premises to a milk vendor (defendant No.2) and failed to use the shop for its intended purpose for more than six months before the suit, as shown by electricity bills, a …
The case arose from a long-running family dispute over a residential property where the appellants repeatedly filed suits and applications for over four decades, causing extensive delay and waste of judicial resources. The Supreme Court examined whether the trial courts should impose actual, …
The appellant was convicted under Section 302 IPC for allegedly setting a maid on fire by pouring kerosene on her, leading to her death. The prosecution's case relied on the victim's multiple dying declarations and circumstantial evidence, as there were no eye‑witnesses. The appellant contended that …
The landlord filed a petition under the East Punjab Urban Rent Restriction Act, 1949 to evict the tenant for alleged rent arrears, and the Rent Controller fixed a provisional rent and ordered payment. The tenant applied to recall that order, alleging the controller had ignored his payment records, …
The mother, Ruchi Majoo, filed a petition under the Guardians and Wards Act, 1890 seeking interim custody of her 11‑year‑old son who had been residing in Delhi for three years, while the father, Sanjeev Majoo, contested jurisdiction, claiming the child’s ordinary residence was in the United States …
The appellant, Vimaleshwar Nagappa Shet, bought a dwelling house from several co‑sharers of a deceased owner but the agreement of sale did not include the minor grandson (Defendant No. 3). The minor did not join the sale and later offered to purchase the 9/11 share, prompting the High Court to fix a …
Amar Singh filed a writ petition under Article 32 alleging that his telephone conversations were intercepted by the Government of India and the Delhi administration at the behest of a political party, and sought an injunction and damages. The petition relied on annexes that were later shown to be …
The dispute arose under a Production Sharing Contract (PSC) between the Government of India and a consortium that included Videocon Industries Ltd. The PSC stipulated Kuala Lumpur as the seat of arbitration, but due to the SARS epidemic the arbitral tribunal held hearings in Amsterdam and London, …
The appellant, an unmarried daughter, sought to increase her share in a joint Hindu family property after the Karnataka legislature inserted Section 6A into the Hindu Succession Act, granting daughters equal coparcenary rights. A preliminary decree in the partition suit had already fixed her share …
The landowners, who were caveators, appealed the award of compensation under the Land Acquisition Act and filed cross‑objections under Order XLI Rule 22 of the CPC, but delayed filing them by 404 days. The High Court dismissed both the State's appeal and the cross‑objections, holding that the …
The landlord served a notice on the tenant on 28‑08‑1991, seeking vacancy of two rooms by the end of October 1991, claiming the tenancy was governed by the English calendar. The tenant contested, arguing that the tenancy followed the Bengali calendar and that the notice therefore failed to give a …
The appellant, U.P. Avas Evam Vikas Parishad, sought to acquire land belonging to the respondents and challenged the Reference Court's award of Rs.1,10,250 per bigha as compensation, up from Rs.10,250 per bigha. The Allahabad High Court dismissed the appeal summarily without reasons, invoking Order …
The plaintiffs filed a suit for possession of a 3‑acre land alleging title derived from their parents. Defendant No.1 (Razia Begum) transferred the land to Lateef Hassan Burney (defendant No.2) who was later impleaded. The amended plaint sought possession only against defendant No.1 and made no …
J.S. Yadav, a District Judge, was appointed a Member of the Uttar Pradesh State Human Rights Commission for a five‑year term in 2006 under the Protection of Human Rights Act, 1993. After the 2006 amendment to the Act introduced a seven‑year experience requirement for District Judges, the State …
The appellants filed a partition suit against the respondents, who had earlier executed a registered General Power of Attorney in favour of two attorneys to manage rent. While the suit was pending, the parties entered into a compromise, which the trial court approved and decreed. The respondents …
The appellant, Booz‑Allen & Hamilton Inc., sought to refer a mortgage suit filed by SBI Home Finance Ltd. to arbitration under clause 16 of a tripartite deposit agreement. The High Court rejected the application, holding that the dispute was not covered by the arbitration clause, that the appellant …
The plaintiffs, minor sons of a pre‑deceased son, filed a suit seeking to declare a 1978 decree that transferred agricultural land to other family members null and void, asserting their right to inherit the land as ancestral property. The defendants contended that the land was not ancestral and had …
The appellant, a judgment debtor, was sued for recovery of principal and interest on a promissory note, resulting in an ex‑parte decree. The plaintiff obtained an execution decree and the appellant's immovable property was sold to satisfy the decree. The appellant applied under Order 21 Rule 90 CPC …
The appellant, K.K. Velusamy, filed a suit for specific performance of a sale agreement, which he claimed was merely a security for a loan. After the evidence was closed, he sought to reopen the evidence and recall two witnesses to cross‑examine them about admissions recorded on a compact disc, …
The appellant, owner of a bus insured with the respondent insurer, claimed Rs.5,33,782 for damages after a 2003 accident, asserting that the driver held a valid licence. The insurer contested the claim, alleging the driver lacked a valid licence and that the claim amount was excessive. The District …
The Kerala Financial Corporation (KFC) took over a defaulting borrower under Section 29 of the State Financial Corporations Act, 1951 and invited tenders for the sale of the borrower’s assets. Vincent Paul submitted the sole tender, paid earnest money and was later offered a price of Rs. 8.25 lakh …
The Supreme Court examined two procedural questions under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982: whether a Special Tribunal or Special Court must obtain a report from the Mandal Revenue Officer before taking cognizance of a land‑grabbing case, and whether they must publish a …
The appellant filed a suit for specific performance of a registered agreement to sell a one‑third share of a property, alleging that the respondent’s brother, acting under a power of attorney, had entered into the sale. The respondent denied ever executing a power of attorney authorising his brother …
The original plaintiff, Lanka Venkateswarlu, filed a suit for title and injunction which was appealed after his death in 1990. The High Court ordered the government pleader to bring the legal heirs on record within a week, failing which the appeal would be dismissed. The appeal was dismissed on 6 …
In a land acquisition proceeding, the government paid compensation by issuing cheques to four owners, two of which remained uncollected and were subsequently deposited in the State's revenue account and utilized. The owners filed an execution application seeking the balance amount and interest, …
The appellants filed a partition suit and the respondents later applied under Order XVI Rule 1(1) and (2) read with Section 151 of the CPC to file a list of witnesses, naming the appellants' advocate, N.R. Karnath, as a witness. The trial court allowed the list but rejected the request to summon the …
Pragati Mahila Mandal, a charitable trust, was allotted a 60‑year lease of a plot by Nanded Municipal Council to start a school for girls. Unable to fund the school, it instead operated a hostel for girls and working women on a no‑profit basis. A public‑interest writ petition filed by Anil …
The petitioners filed a transfer petition under Section 25 of the Code of Civil Procedure seeking to move a motor accident claim (MACT No. 138 of 2009) from the MACT Court in Gautam Budh Nagar, Uttar Pradesh to a competent court in Pune, Maharashtra, alleging that the Uttar Pradesh court lacked …
Parimal filed a divorce suit against his wife Veena. The wife repeatedly refused to accept the court's notice, after which the trial court proceeded ex‑parte and granted a decree of divorce. Four years later she applied under Order IX Rule 13 CPC to set aside the decree, alleging improper service, …
The appellant, owner of two plots of land, challenged the acquisition of his land under the Karnataka Industrial Areas Development Act, 1966, alleging that the land lay outside the Framework Agreement and that the acquisition was invalid because no award was made within two years as required by …
Hariram appealed against judgments that upheld a permanent injunction ordering the removal of his alleged encroachment on a 10‑foot public street. He argued that the suit was barred by limitation, violated Order I Rule 8 of the CPC, and lacked proof that the land was a public street. The Supreme …
The petitioner, Keshav Prasad Sharma, was tried for a criminal offence when the public prosecutor sought to implead respondents No.3‑9 as co‑accused under Section 319 of the Criminal Procedure Code. The trial court allowed the impleadment, but the Punjab & Haryana High Court set aside that order. …
The appellant Kalyan Singh Chouhan, declared elected by a margin of one vote in the Rajasthan Legislative Assembly election, challenged the High Court's order rejecting his application to summon all ten tendered votes, arguing that the entire set should be examined to prevent miscarriage of justice. …
The case involved a dispute between two brothers concerning family and business matters. The petitioners sought relief from the High Court, but the Supreme Court examined whether the parties should be directed to resolve the dispute through mediation. Relying on the purpose of Section 89 of the Code …
The plaintiff filed suit No.1301 of 1997 and subsequently lodged an application to withdraw the suit. Before the court could rule on that application, he filed a second application seeking to withdraw the earlier withdrawal application. The Allahabad High Court held that the filing of a withdrawal …
The Gayathri Women Welfare Association sued for a permanent injunction to protect its possession of land. The trial court granted the injunction, but the Karnataka High Court set aside the decree and remanded the case. After remand, the respondents amended their written statement to add a …
The wife of Narwinder Singh, who was pregnant, committed suicide within four years of marriage. The trial court convicted the husband and his parents under Section 304‑B IPC for dowry death, but the High Court, finding no dowry demand at the time of death, converted the husband's conviction to …
The landlady sued the tenant for arrears of rent and claimed 18% interest. The plaint was returned for defects on 20‑Jan‑2000 and was not re‑presented until 20‑July‑2005, a delay of five years and six months. The trial court awarded 6% interest for the periods 9‑Sept‑1998 to 21‑Jan‑2000 and from …
Five independent MLAs who had supported the BJP government in Karnataka withdrew their support and were disqualified under paragraph 2(2) of the Tenth Schedule. They filed writ petitions challenging the disqualification and sought to amend paragraph 9 of their petitions, which mistakenly stated that …
The appellants were elected as councillors of Bhor Municipal Council on the ticket of the NCP, later left the party and formed a new political front. Respondents filed a disqualification petition under the Maharashtra Local Authority Members Disqualification Act, 1986, alleging that the appellants …
In a landlord‑tenant dispute, the Supreme Court referred the matter to the Chandigarh Mediation Centre. The mediation did not result in an agreement, and the mediator submitted a report that disclosed the parties' settlement offers. The Court held that mediation proceedings are strictly confidential …
The Government of India had granted 3.563 acres of land in the Agra Cantonment to Hamid Ali Khan, who built a bungalow and later sold it with its appurtenant land to the petitioners. The petitioners sued the Union of India for arrears of rent, damages, and vacant possession of the bungalow and the …
The plaintiff filed a partition suit against his father, the Karta of a joint family, who died during the proceedings. The plaintiff's brother, Gopal Swaroop, claimed that the deceased had executed a will leaving his share to him. The trial court and a single High Court judge held that the will was …
The appellants sought enhanced solatium (30% instead of 15%) and higher interest rates (9% for the first year and 15% thereafter) under the 1984 amendment to the Land Acquisition Act, claiming that the amendment should apply to their awards which were finalized before the amendment came into force. …
The case concerned a dispute over the demarcation of a Wakf estate created by a 1936 deed, which divided the property into 75% for the descendants (Wakf‑al‑al‑aulad) and 25% for religious purposes. A suit for demarcation was filed in the Calcutta High Court, which held that the demarcation was …
The petitioner, Remdeo Chauhan, was convicted of murder and sentenced to death, which was later commuted to life imprisonment by the Governor of Assam after a recommendation from the National Human Rights Commission (NHRC). Relatives of the victims challenged the commutation, arguing that the NHRC …
The petitioners, who are Judges of Family Courts in Maharashtra, sought elevation to the Bombay High Court, arguing that they hold a "judicial office" under Article 217(2)(a) of the Constitution. The Supreme Court examined whether Family Courts qualify as courts in the constitutional sense, whether …
Malayalam Plantations Ltd., a private plantation company, owned five estates in Kerala and sought exemption of 2,588 hectares of land from the vesting provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971, on the grounds that the land was planted with eucalyptus before vesting …
The appeal challenged a Kerala High Court Division Bench order that dismissed an appeal against a trial court decree on the ground of a difference of opinion between the two judges on the genuineness of a will. The bench relied on Section 98(2) of the CPC, which the appellant argued should not apply …
The petitioners challenged a leasehold assignment deed (Exhibit A3) executed by the tenant Kunjali in favour of Abdul Kadar, arguing it was a valid assignment and that their remedy lay only in an application to the Land Tribunal under Section 13A of the Kerala Land Reforms Act. The Supreme Court …
The respondent sued the appellants for a declaration of co‑ownership of a house. The appellants failed to appear, resulting in an ex‑parte decree in the respondent's favour. They later filed a recall application, which was rejected, and subsequently appealed the decision in a District Court that …
In a civil suit, an Additional District Judge passed an interim order, against which a first appeal under Order 43 Rule 1 was filed before a Single Judge of the Orissa High Court. The Single Judge delivered a judgment on 6 August 2008, and a Letters Patent Appeal (LPA) was subsequently filed against …
The appellant cooperative society entered into an oral agreement in 1974 and a written sale deed in 1976 to purchase land from the first respondent, who later claimed the agreement was cancelled in a public notice dated 3 February 1991. The appellant filed a suit on 11 February 1991 for declaration …
The Municipal Committee of Hoshiarpur obtained an electricity connection for a tubewell and was later served with a revised bill of Rs.82,300 without a show‑cause notice. The Committee challenged the bill in a civil suit, which was decreed in its favour by the trial court and affirmed by the first …
The appellant, the legal representatives of the deceased Har Narain, entered into an agreement for sale of eight kanals of land with the owner, Mam Chand, who later executed a sale deed in favour of respondents 2‑6 on 2 August 1971. The deed was registered on 3 September 1971, after the appellant …
The appellants challenged the validity of the State's allocation of land in Survey No. 83 under the Urban Land (Ceiling and Regulation) Act, 1976, arguing that the land was agricultural and that the earlier High Court judgments declaring the proceedings void should stand. The Supreme Court examined …
The appellant, Man Kaur, owned a plot that was sold to the respondent, Hartar Singh Sangha, by an agreement executed through attorney‑holders. The respondent paid earnest money and claimed he was ready to complete the purchase, but the vendor failed to execute the sale deed. The respondent sued for …
Punjab and Sino Bank had granted cash credit facilities to Allied Beverage Company, which later became a non‑performing asset. The bank recovered the dues through the Debts Recovery Tribunal, which awarded interest at 18% per annum with monthly rests. The High Court modified this order, reducing the …
Mohd. Yunus Khan, a Guard Commander in the Uttar Pradesh Police, left his post for 25 minutes to take tea and medicine, an absence later deemed permissible under the Guard and Escort Rules. The Commandant imposed a 10‑day punishment drill, which Khan protested; the punishment was then enhanced to 10 …
Alka Gupta filed a second suit for accounts of a dissolved partnership, after having earlier obtained a decree for the balance price under a sale agreement with Narender Kumar Gupta. The Delhi High Court dismissed the second suit, holding it barred by Order 2 Rule 2 of the CPC, by constructive res …
The appellants filed a regular first appeal under Section 96 of the CPC against a trial court decree. The High Court of Karnataka set aside and modified the decree but did so without framing points for determination, without discussing the factual and legal issues, and without providing adequate …
Golden Chariot Airport held a licence to operate a restaurant at Mumbai Airport, which was initially for three years and later extended twice. The licence holder claimed the licence was irrevocable based on alleged oral assurances and sought to prevent eviction after the licence expired. The Supreme …
The land of the appellants was acquired under the Land Acquisition Act, 1894, with a notification dated 5 March 1983 and an award on 1 March 1984. The owners filed a reference under Section 18 for enhanced compensation, and while the reference was pending, the 1984 Amendment Act introduced Section …
The Competition Commission of India (CCI) received a complaint that Steel Authority of India Ltd (SAIL) had abused its dominant position by entering an exclusive supply agreement with Indian Railways. The CCI formed a prima facie view and directed the Director General to investigate under s.26(1) of …
The appellant, Maya Devi, sought to enforce a decree for recovery of Rs.60,000 against the judgment debtor, Raj Kumari Batra, whose property was attached and sold at auction in 1978. The parties later entered a compromise whereby the decree‑holder would deposit Rs.35,000 and receive vacant …
Satish Kumar Mittal, an Assistant District Attorney, discovered an error in his recorded date of birth nine years after joining the Haryana government service and sought correction. The service rules required any application for correction of date of birth to be filed within two years of entry, a …
The petitioners, Geeta Devi & Ors., challenged the Division Bench of the Rajasthan High Court's order dismissing their appeal against a single High Court judge's decision that had rejected a miscellaneous appeal arising from a Motor Accident Claims Tribunal award. The central issue was whether such …
The Wakf Board filed eviction suits against tenants occupying property identified as wakf, and the Wakf Tribunal held it had jurisdiction to decide the matters, ordering eviction. The High Court of Andhra Pradesh affirmed the Tribunal's orders. The appellants challenged the jurisdiction of the Wakf …
The Samast Sunni Muslim Jamat filed a suit seeking ownership of land, which was partially decreed by the trial court. The Jamat filed an appeal, but withdrew it through a pursis citing a compromise agreement that was actually between two community groups, not the parties to the suit. The first …
The State of Kerala issued a notification to declare certain lands as revenue forest, which the appellant's predecessor claimed title to. The Forest Settlement Officer rejected the claim, but the Additional District Judge allowed it on appeal under Section 11 of the Kerala Forest Act. The State …
The appellant obtained a money decree against Mokshammal, an agriculturist, and had his property attached on 29‑12‑1974. The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 (Debt Relief Act) came into force on 10‑1‑1975, and under its Section 4 the execution against agriculturists …
The respondents filed a suit for partition and separate possession of a 7/8 share in a property, which was decreed in their favour. The decree was set aside by the first appellate court, but the High Court later restored it. After the original defendant died, his widow Ajambi (deceased) allegedly …
Shalimar Chemical Works Ltd., the owner of the registered trade mark "Shalimar", sued Sureendra Oil & Dal Mills for infringement and sought a permanent injunction. The trial court admitted only xerox copies of the trade mark registration certificates as exhibits, marked them subject to objection, …
The tenant, D.V. Paul, was ordered by the High Court to deposit Rs.10,000 in the trial court as compensation, failing which an eviction decree would follow. He mistakenly sent a demand draft directly to the landlord instead of depositing it in court, and later sought an extension of time to make the …
Venture Global Engineering, a US‑based company, entered into a joint‑venture with Satyam Computer Services Ltd. (the first respondent) and later obtained an arbitral award ordering it to transfer its shares in the joint venture to Satyam. After the award, Satyam’s chairman confessed to massive …
Budh Ram & Ors. appealed against a decree that declared them co‑owners of land along with Smt. Parwatu, a proforma defendant who died during the pendency of the appeal. The appellants sought substitution of Parwatu's legal representatives but failed to obtain condonation for the delay. The lower …
The respondent filed a suit under Order 37 Rules 1 and 2 of the CPC to recover a cheque amount that was dishonoured. The petitioner applied for leave to defend under Order 37 Rule 3, alleging that the cheque dated 11‑10‑2006 was originally dated 11‑10‑2000 and had been tampered with, and that the …
The plaintiff sued Kapil Corepacks Pvt Ltd and others for recovery, alleging that the defendants had executed a sale agreement that was later claimed to be a forged document. The defendants filed a criminal complaint alleging forgery and denied signing the agreement. The trial court examined the …
The petitioners, accused in a CBI case under the Prevention of Corruption Act for abetting the possession of disproportionate assets by a senior income‑tax officer, filed a transfer petition under Section 406 of the Code of Criminal Procedure seeking to move the trial from the Special Court, CBI, …
The owner of a Jeep, who also drove the vehicle, died in a road accident and his dependants filed a claim for compensation under Section 163-A of the Motor Vehicles Act, 1988. The insurer contended that the petition was not maintainable because the deceased was not a third party and the policy …
The appellants, owners of Shop No.1214 in Jabalpur, filed an eviction suit under sections 12(1)(c), (f) and (g) of the Madhya Pradesh Accommodation Control Act, 1961. The respondents contended that the suit property was a Wakf property and, later, claimed it was a joint family property, though no …
The respondents filed a suit for declaration of title, possession and permanent injunction, and an ex‑parte decree was passed against the appellants. The appellants only learned of the decree when execution proceedings began and filed an application under Order IX Rule 13 of the CPC on 8 July 1988, …
The Supreme Court examined a suit where the plaintiff sought recovery and the trial court, after an application under Section 89 of the CPC, formulated issues and referred the matter to arbitration despite the defendants' refusal. The Court held that Section 89 requires a preliminary hearing after …
The DAV College Managing Committee, holder of a registered trademark for "DAV" and "Dayanand Anglo Vedic", filed four suits in the Delhi District Court under Section 134 of the Trade Marks Act, 1999 against several schools in Chennai that were using the same mark. The Chennai schools filed transfer …
The election for the 9th Manipur Legislative Assembly was won by MD Alauddin Khan by a margin of two votes over Karam Thamarjit Singh, who filed an election petition under Section 100(1)(d)(iii) alleging impersonation of dead voters in certain polling stations and seeking a recount and declaration …
The appeal concerned a decision of the Madras High Court that remanded a matter before the Wakf Tribunal because the Tribunal had failed to consider certain points. The issue before the Supreme Court was whether, under Section 83(5) of the Wakf Act 1995, the Wakf Tribunal is deemed a civil court and …
The appellants Rakesh Kumar Goel and others purchased two government plots in Ghaziabad through an auction purportedly held under the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952. The High Court set aside the auction on the ground that the appellants failed to deposit the required …
The landlord Balwant Singh filed an eviction suit which was appealed up to the Supreme Court. While the appeal was pending, the sole appellant died on 28 November 2007. The legal representatives filed applications on 15 April 2010, 778 days after the death, seeking to be brought on record under …
The testator’s 1951 Will gave life interest in two houses to her sisters and, after their deaths, vested absolute title in the male heirs, subject to a clause that any sale must be to the other male heirs at market price and not to strangers. After a partition, Rukmani Ammal and her son sold one …
The appellant, K.K. Ramachandran Master, filed an election petition under the Representation of the People Act, 1951 challenging the election of M.V. Sreyam Kumar on grounds of corrupt practices alleged under Sections 123(4), 123(5) and 123(6). The High Court dismissed the petition, holding that it …
The Airport Authority of India (AAI) leased the Mumbai airport to Mumbai International Airport Pvt. Ltd. (appellant), excluding a 31,000 sq.m. parcel pending a suit by Regency Convention Centre & Hotels Pvt. Ltd. (first respondent) for specific performance of an agreement with AAI. The appellant …
The landlords appealed against a High Court revision that had set aside the trial and appellate courts' findings that the tenant was a wilful defaulter and that the landlords required the commercial premises for their own business. Both the trial court and the first appellate court, exercising …
