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Code of Civil Procedure, 1908

4176 judgments · newest first · showing 2401–2600

VINOD SETHversusDEVINDER BAJAJ AND ANR.

2010 INSC 347Case Partly allowed

The plaintiff, a builder, sued the owners of a residential property for specific performance of an alleged oral collaboration agreement to develop the land. The High Court, noting the suit's low chance of success and heavy court dockets, ordered the plaintiff to furnish an undertaking to pay Rs.25 …

UNION OF INDIA & ORS.versusRAM PRAKASH

2010 INSC 350Appeal(s) allowed

Ram Prakash, a former Indian Air Force officer, was released after 15 years of service with a composite disability of 90% (retinal detachment and immature cataract). The Release Medical Board and the Appellate Medical Board both opined that his disabilities were neither attributable to nor …

IMPROVEMENT TRUST, LUDHIANA ETC.versusUJAGAR SINGH & ORS. ETC.

2010 INSC 342Disposed off

The Improvement Trust, Ludhiana, acquired land and was awarded compensation which it failed to pay, leading to the attachment and auction of the property in 1992. The auction purchaser, Jagan Singh & Co., paid Rs.22.65 lakh, but the Trust later filed objections under Order 21 Rule 90 CPC, which were …

PUBLIC SERVICE COMMISSION, UTTARANCHALversusMAMTA BISHT AND ORS.

2010 INSC 336Appeal(s) allowed

The Uttaranchal Public Service Commission advertised 35 posts of Civil Judge (Junior Division) with both vertical (SC/ST/OBC) and horizontal (women, physically handicapped) reservations. Ms. Mamta Bisht, a resident woman of Uttaranchal, applied for the horizontal women’s reservation but was not …

THE DISTRICT COLLECTOR, SRIKAKULAM & ORS.versusBAGATHI KRISHNA RAO & ANR.

2010 INSC 335Appeal(s) allowed

The respondents filed a suit seeking declaration of title and possession of land, which the appellants contended was forest land vested in the State of Andhra Pradesh. The State was a party in the trial court and the first appellate court but was not impleaded in the second appeal before the High …

DINESH KUMARversusYUSUF ALI

2010 INSC 332Disposed off

The respondent landlord, owner of a 152 sq.ft. shop, leased it to the appellant tenant from 1978 and periodically raised the rent, later filing an eviction suit under M.P. Accommodation Control Act, 1961 s.12(1)(f) claiming a bona‑fide need to use the premises for his own business, which he was …

BHARATHA MATHA & ANR.versusR. VIJAYA RENGANATHAN & ORS.

2010 INSC 328Appeal(s) allowed

The predecessor‑in‑interest of Bharatha Matha filed a suit for a share in the property of her brother Muthu Reddiar, who died intestate and allegedly unmarried. Defendant No.1, Rengammal, claimed she was lawfully married to Alagarsami Reddiar (who was alive) and also asserted a live‑in relationship …

M/S. SPEEDLINE AGENCIESversusM/S. T. STANES & CO. LTD.

2010 INSC 326Dismissed

The appellant, Speedline Agencies, occupied a building and land leased from United Coffee Supply Co. Ltd., later renamed Stanes Tea and Coffee Ltd., for over four decades. The landlord filed a petition under sections 10(3)(a)(i) and (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, …

SURESH PRASAD SINGHversusDULHIN PHULKUMARI DEVI AND ORS.

2010 INSC 314Appeal(s) allowed

The Supreme Court allowed the appeal of Suresh Prasad Singh, holding that he was a co‑sharer of the transferors in the land sold to the respondent and therefore entitled to a mandatory right of pre‑emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of …

M/S. JEEVAN DIESELS & ELECTRICALS LTD.versusM/S JASBIR SINGH CHADHA (HUF) & ANR.

2010 INSC 296Appeal(s) allowed

The landlord filed a suit for possession and mesne profits against the tenant, alleging that the lease had expired and a termination notice had been served. The tenant denied that the tenancy had been terminated and contested the landlord's claim of admission. The landlord sought a judgment on …

STATE OF ORISSAversusSTATE OF ANDHRA PRADESH

2010 INSC 270Dismissed

The State of Orissa filed a suit under Article 131 of the Constitution seeking a declaration that the Borra group of villages belonged to it, asserting that the area was part of the Jeypore (Imparible) Estate transferred to Orissa in 1936. The State of Andhra Pradesh contested the suit, arguing that …

M/S M.R.F. LTD. ETC.versusMANOHAR PARRIKAR AND ORS.

2010 INSC 262Dismissed

The Supreme Court examined the validity of two Goa Government notifications (15‑May‑1996 and 1‑Aug‑1996) granting a 25% electricity tariff rebate to industrial consumers. The appellants argued that the notifications were lawful government decisions, while the State contended they were issued by the …

VINISHA JITESH TOLANI @ MANMEET LAGHMANIversusJITESH KISHORE TOLANI

2010 INSC 252Disposed off

The wife and husband were married in Goa under Hindu rites and the marriage was registered there. The husband filed a petition under Section 12 of the Hindu Marriage Act, 1955 in Goa seeking annulment. The wife, who had been residing in the United Kingdom and later in Delhi, filed a petition under …

N. SURESH NATHAN & ORS., ETC. ETC.versusUNION OF INDIA & ORS. ETC. ETC.

2010 INSC 230Disposed off

The case concerned promotion of Section Officers/Junior Engineers to the post of Assistant Engineer in the Pondicherry Public Works Department under the 1965 Recruitment Rules. The Supreme Court examined whether its earlier decision in N. Suresh Nathan & Ors. v. Union of India bound courts on the …

SHANTI BUDHIYA VESTA PATEL AND ORS.versusNIRMALA JAYPRAKASH TIWARI AND ORS.

2010 INSC 229Dismissed

The case arose from a dispute over a suit property originally held by Budhiya Vesta Patel, who transferred his rights to respondent No.9 via a Development Agreement and an irrevocable Power of Attorney (POA). After Patel's death, his heirs (the appellants) executed further irrevocable POAs in favour …

STATE OF A.P.versusHYDERABAD POTTERIES PVT. LTD & ANR.

2010 INSC 223Dismissed

The State of Andhra Pradesh filed an application under Section 8(1) of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 seeking a declaration that Hyderabad Potteries Pvt. Ltd. and another were land grabbers of a 17,786.5‑sq‑metre parcel. The respondents asserted that they had purchased the …

RAJ KUMAR SHIVHAREversusASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT & ANOTHER

2010 INSC 206Dismissed

Raj Kumar Shivhare was penalised under the Foreign Exchange Management Act, 1999 (FEMA) for receiving unauthorized foreign payments and was ordered to deposit a penalty of Rs.2 crore. He appealed the Appellate Tribunal's order refusing dispensation of the pre‑deposit of penalty, but the Tribunal …

KARAM KAPAHI & OTHERSversusM/S. LAL CHAND PUBLIC CHARITABLE TRUST & ANOTHER

2010 INSC 200Dismissed

The Lal Chand Public Charitable Trust leased property to the South Delhi Club and later terminated the lease for non‑payment of rent. The Trust sued for possession; the Club contested the Trust’s title and sought relief under Section 114 of the Transfer of Property Act, while also admitting …

STATE OF MAHARASHTRAversusM/S. HINDUSTAN CONSTRUCTION COMPANY LTD.

2010 INSC 191Dismissed

The State of Maharashtra entered into a construction contract with Hindustan Construction Company Ltd., and after the arbitral tribunal awarded Rs. 17.81 crore to the company, the State filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award on five …

MATHAI @ JOBYversusGEORGE & ANR.

2010 INSC 158Matter referred to larger bench

The petitioner, a defendant in a suit concerning the genuineness of a will, sought a second forensic opinion after being dissatisfied with the first report; the trial court rejected this request and the High Court dismissed his writ petition. He filed a Special Leave Petition (SLP) under Article 136 …

L.L.C. OF INDIA AND ANR.versusRAM PAL SINGH BISEN

2010 INSC 151Dismissed

The respondent, a Development Officer of LIC, was dismissed following a departmental inquiry that he alleged was conducted without a copy of the inquiry report and without a proper opportunity to be heard, violating natural justice. In the suit challenging his dismissal, the employer (appellant) did …

CHITTOOR CHEGAIAH & ORS.versusPEDDA JEEYANGAR MUTT & ANR.

2010 INSC 130Dismissed

The case concerned a 29‑acre property originally owned by Pedda Jeeyangar Mutt, which was subject to a permanent lease patta dated 11‑03‑1931 in favour of Mandaram Munikannaiah and subsequently sold to the appellants. The Mutt sought eviction of the appellants on the ground of non‑payment of rent …

PUNJAB STATE ELECTRICITY BOARD & ANR.versusNARATA SINGH & ANR.

2010 INSC 118Dismissed

Narata Singh, a former work‑charged employee of various Punjab State departments (Irrigation & Power, Bhakra Dam, Beas Dam) from 1952 to 1978, was retrenched and later joined the Punjab State Electricity Board (PSEB) as a work‑charged employee in 1982, regularised in 1984 and retired in 1990. He …

P.K. SINGHversusM/S. S.N. KANUNGO AND OTHERS

2010 INSC 110Disposed off

The case arose from an arbitration award directing the Andaman and Nicobar Administration to pay a contractor a sum with interest. The Executive Engineer (appellant) wrote letters to the contractor seeking to adjust the award by having the contractor accept only the principal amount and waive …

SESHAMBAL (DEAD) THROUGH L.RS.versusM/S. CHELUR CORPORATION CHELUR BUILDING AND ORS.

2010 INSC 108Disposed off

The owners of a commercial premises in Cochin filed an eviction petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming bonafide personal requirement. The Rent Controller and the Appellate Authority dismissed the petition, finding no such requirement, and …

M/S. GODREJ SARA LEE LIMITEDversusRECKITT BENCKISER AUSTRALIA PTY. LTD. AND ANR.

2010 INSC 66Appeal(s) allowed

M/s. Godrej Sara Lee Ltd appealed to the Supreme Court against the Delhi High Court’s order that it had jurisdiction to entertain appeals against the cancellation of its registered designs by the Controller of Patents and Designs, Kolkata under Section 19 of the Designs Act, 2000. The Controller had …

SRI JEYARAM EDUCATIONAL TRUST AND ORS.versusA.G. SYED MOHIDEEN AND ORS.

2010 INSC 52Dismissed

The respondents instituted a suit under Section 92 of the Code of Civil Procedure (CPC) before the District Court in Tamil Nadu, seeking relief concerning a public trust. The appellants argued that a 1960 notification empowering Subordinate Courts under Section 92 removed the District Court's …

PINNINTI KISTAMMA AND ORS.versusDUWADA PARSURAM CHOWDARY & ORS.

2010 INSC 22Dismissed

The tenants (Pinninti Kistamma and others) claimed tenancy rights over 19.80 acres of land and obtained a permanent injunction against the landlords (Duwada Parsuram Chowdary and others). The landlords filed cross‑suits for a larger 181.90 acres and challenged the Tehsildar's order that declared the …

ABDUL RAZAK (D) THROUGH LRS. AND ORS.versusMANGESH RAJARAM WAGLE AND ORS.

2010 INSC 19Appeal(s) allowed

The suit concerned tenancy of premises in Goa, where the plaintiffs (respondents) sought declaration of tenancy and possession against the defendants, including the legal representatives (appellants) of a deceased defendant. The appellants filed an additional written statement after being impleaded, …

ATHAR HUSSAINversusSYED SIRAJ AHMED & ORS.

2010 INSC 7Dismissed

The father of two minor Muslim children (a 13‑year‑old girl and a 5‑year‑old boy) sought guardianship and interim custody after the mother’s death and his subsequent remarriage. The children’s maternal grandfather, aunt and uncles applied under Sections 7, 9 and 17 of the Guardian and Wards Act, …

VIJAY KUMAR SHARMA @ MANJUversusRAGHUNANDAN SHARMA @ BABURAM & ORS.

2010 INSC 8Appeal(s) allowed

The appellant and his brother were involved in two civil suits concerning a will. The trial court dismissed the suits under Order 7 Rule 11, directing the parties to arbitrate based on a declaration by their deceased father that any future disputes should be referred to a named arbitrator. The …

PRITHIPAL SINGHversusSATPAL SINGH (D) THROUGH LRS.

2009 INSC 1321Appeal(s) allowed

The landlord filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The tenant applied for leave to contest the eviction after an eight‑day delay, which the Additional Rent Controller rejected, leading to an eviction order. The tenant later sought to set aside that …

G. SURYAKUMARI & ANR.versusB. CHANDRAMOULI & ORS.

2009 INSC 1322Dismissed

The plaintiffs, G. Suryakumari and others, sued B. Chandramouli and others for a perpetual injunction to prevent interference with their possession of a 1,200‑sq‑yard plot purchased from Gramodyog Cooperative Housing Society. The defendants claimed ownership of a 382‑sq‑yard portion of the same …

DWARIKA PRASADversusRAMESHWAR DAYAL KHANDELWAL AND ORS.

2009 INSC 1316Dismissed

Respondent No.1 filed a suit (Suit No. 35‑A of 2006) to declare a sale deed invalid and to obtain an injunction. The appellant first moved the trial court under Order 7 Rule 11 CPC to have the plaint dismissed for lack of cause of action; the application was rejected. After the Supreme Court stayed …

DWARIKA PRASADversusNIRMALA AND ORS.

2009 INSC 1317Dismissed

The father of the respondent filed a partition suit in 1955 which was decreed, but after a series of appeals the suit was dismissed as withdrawn through applications that were later alleged to be forged. After the father's death, the daughter, as his legal representative, sought restoration of the …

BHAG SINGHversusJASKIRAT SINGH & ORS.

2009 INSC 1313Case Partly allowed

Natha Singh executed two wills, one in 1979 bequeathing his Punjab house to his son Shag Singh and another in 1986 bequeathing his Haryana house to his second son Jaskirat Singh. After Natha Singh's death, Jaskirat filed a suit for possession of the Haryana house, while Shag Singh's brothers filed a …

JASWANT KAUR & ANR.versusSUBHASH PALIWAL & ORS.

2009 INSC 1308Dismissed

The petitioners, tenants of a shop room, challenged an eviction suit filed by Subhash and Gopal Paliwal, claiming that a will executed by the deceased owner bequeathed the premises to Gopal, rendering Subhash not a landlord. The tenants admitted in their written statement that the Paliwals were …

NARENDRA KANTEversusANURADHA KANTE & ORS.

2009 INSC 1309Dismissed

Narendra Kante filed a suit seeking declaration, permanent and mandatory injunctions concerning a property he claimed as ancestral, alleging that no valid partition had been effected and that a deed of family settlement dated 8 February 1967, which was not signed by all co‑sharers, could not be …

MARUTHI JAIWANT NAKADIversusEKNATH G NAVAREKAR (DEAD) BY L.RS. & ORS.

2009 INSC 1301Dismissed

The tenant, Maruthi Jaiwant Nakadi, filed a Form No. 7 application under the Karnataka Land Reforms Act, 1961 seeking occupancy rights over 11 acres 17 guntas, claiming he had cultivated the land for years and paid rent in kind. The landlords, represented by the heirs of the deceased Eknath G. …

SURESH KUMAR BANSALversusKRISHNA BANSAL AND ANR.

2009 INSC 1302Appeal(s) allowed

Mohanlal Bansal, the plaintiff in an eviction suit, died during the pendency of the case. His widow applied for substitution as his legal representative, while his brother (the appellant) sought substitution on the basis of a Will allegedly executed by the deceased. The trial court allowed the widow …

K.K. KANNAN (D) BY LRS.versusKOOLIVATHUKKAL KARIKKAN MANDI & ORS.

2009 INSC 1296Appeal(s) allowed

The appellants, K.K. Kannan and others, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court of Kerala's reversal of concurrent lower‑court decisions. The High Court had merely listed the grounds in the memorandum of appeal as "substantial …

M/S. MADNANI CONSTRUCTION CORPORATION (P) LTDversusUNION OF INDIA & OTHERS

2009 INSC 1286Appeal(s) allowed

Madnani Construction Corporation entered into a contract with the North Eastern Railway for bridge work. Disputes arose over alleged manipulations in measurement books, leading the contractor to seek arbitration. The arbitrator, after examining the level book, graph sheets and log books, found that …

M/S. JULIEN EDUCATIONAL TRUSTversusSOURENDRA KUMAR ROY & ORS.

2009 INSC 1270Appeal(s) allowed

Julien Educational Trust, which runs a school, sought to purchase adjacent land owned by eight co‑sharers for expansion. An oral agreement was reached, draft deeds were prepared and approved by most sellers, but execution was delayed and the sellers later attempted to sell the land to third parties. …

KASHI MATH SAMSTHAN & ANR.versusSHIMAO SUDHINDRA THIRTHA SWAMY & ANR.

2009 INSC 1275Dismissed

The Kashi Math Samsthan and its successor appellant filed a suit seeking a declaration that the appellant was the 21st Mathadhipathi and an injunction restraining the incumbent Mathadhipathi from exercising his powers. The trial court granted a temporary status‑quo injunction during the suit, but …

M/S. S.B. MINERALSversusM/S. MSPL LIMITED

2009 INSC 1255Dismissed

The respondent (M/S MSPL Ltd.) filed a suit for declaration and injunction against the petitioner (S.S. Minerals), which was decreed. The petitioner appealed and the first appellate court set aside the decree, dismissing the suit. The respondent then filed a second appeal under Section 100 of the …

MANOHAR SINGHversusD.S. SHARMA & ORS.

2009 INSC 1234Appeal(s) allowed

Manohar Singh filed a suit for damages against his former employer NTPC and its General Manager. During the trial he repeatedly sought adjournments, prompting the trial court to levy costs under Section 358 of the Code of Civil Procedure (CPC) for causing delay. The plaintiff failed to pay the costs …

DASHRATH RAO KATEversusBRIJ MOHAN SRIVASTAVA

2009 INSC 1211Appeal(s) allowed

In an eviction suit under the Madhya Pradesh Accommodation Control Act, the appellant Dashrath Rao Kate sought to be impleaded as the legal representative of the deceased owner Sukhiabai on the basis of a Will. The trial court, after a full inquiry under Order 22 Rule 5 of the CPC, held the Will …

JAI BALAJI INDUSTRIES LTD.versusPEC LTD. & ORS.

2009 INSC 1201Dismissed

Jai Balaji Industries Ltd. entered into a purchase agreement with a foreign seller for manganese ore and a subsequent High Seas Sale Agreement with PEC Ltd., a government company, which was to act as seller. After the cargo arrived, Jai Balaji tested a small portion, found it sub‑standard and …

BANDA CHINNA SUBBARAYUDU & ORS.versusTHAILAM VISHANATHA RAO & ANR.

2009 INSC 1202Appeal(s) allowed

The appellants obtained a decree for recovery of money and the decree-holder initiated execution proceedings, resulting in the sale of the appellants' property on 25 November 2003. On the same day a third party obtained a stay of the execution proceedings, which remained in force until 2 December …

INDIAN HUME PIPE CO. LTD.versusSTATE OF RAJASTHAN

2009 INSC 1184Appeal(s) allowed

The appellant, Indian Hume Pipe Co. Ltd., entered into a contract with the State of Rajasthan for laying a PSC pipeline, which contained an arbitration clause. A dispute led to arbitration, and the arbitrators awarded the appellant the claim along with interest for pre‑reference, pendente lite, and …

REVAJEETU BUILDERS & DEVELOPERSversusNARAYANASWAMY & SONS & OTHERS

2009 INSC 1179Dismissed

The appellant, RevaJetu Builders & Developers, filed a suit for recovery of sale consideration and possession of a property, later seeking to amend the plaint under Order VI Rule 17 of the CPC to declare the respondents as trespassers and obtain injunctions. The trial court allowed the amendment, …

RAM SUKHversusDINESH AGGARWAL

2009 INSC 1160Dismissed

Ram Sukh, a losing candidate in the 2007 Uttarakhand Legislative Assembly election, filed an election petition challenging the election of Dinesh Aggarwal on grounds of alleged corrupt practices and procedural lapses by the Returning Officer. The High Court dismissed the petition at the preliminary …

BIBI ZAFIRA KHATOON AND OTHERSversusMOHAMMED HUSSAIN AND ANOTHER

2009 INSC 1145Appeal(s) allowed

The appellants, Bibi Zafira Khatoon and her late husband, obtained an eviction decree against respondent No.2 (Mohammed Manzurool Haque) on grounds of bonafide need and rent default. Respondent No.1 (Mohammed Hussain), who was a buyer under a disputed sale agreement, was impleaded as an intervenor …

BAJAJ AUTO LIMITEDversusTVS MOTOR COMPANY LTD.

2009 INSC 1140Disposed off

Bajaj Auto Ltd filed a suit in the Madras High Court alleging infringement of its Patent No. 195904 against TVS Motor Company Ltd. The trial judge granted an interim injunction, which was later set aside by the Division Bench on appeal. The suit remained pending without a written statement from the …

FGP LTD.versusSALEH HOOSEINI DOCTOR AND ANR.

2009 INSC 1138Dismissed

FGP Ltd., a public limited company, occupied a flat in Mumbai under a tenancy agreement dated 16‑07‑1981. The legal representatives of the original owner filed a suit for possession under the Bombay Rent Act, 1947, claiming reasonable and bona‑fide requirement; the Small Causes Court, the appellate …

COAL LINKERversusCOAL INDIA LIMITED

2009 INSC 1111Dismissed

Coal Linker entered into a work contract with Coal India and, after disputes, the matter was referred to arbitration. The arbitrator awarded the appellant a sum and granted interest for the pre‑reference period and for the pendency of the arbitration, but expressly omitted any interest from the date …

M/S ASIAN TECHS LTD.versusUNION OF INDIA & OTHERS

2009 INSC 1113Appeal(s) allowed

Asian Techs Ltd. entered a construction contract with the Union of India, but the work was delayed due to material alterations and extensions granted by the respondents. The contractor claimed additional payment and invoked the arbitration clause; the arbitrator issued a non‑speaking award in its …

P.C. THOMASversusP.M. ISMAIL & ORS.

2009 INSC 1109Dismissed

In the 2004 Lok Sabha election for Muvattupuzha, P.C. Thomas was declared elected by a narrow margin. The election petitioner, P.M. Ismail, challenged the result alleging that Thomas had committed corrupt practices under Sections 123(3) and 123(5) of the Representation of the People Act, 1951 by …

GANGAI VINAYAGAR TEMPLE & ORS.versusMEENAKSHI AMMAL & ORS.

2009 INSC 1107Matter referred to larger bench

The trustees of Gangai Vinayagar Temple leased a plot for a theatre; the lessee died and the trustees sold the land to third parties. The lessees sued for injunction, claiming the sale was void because the property was a public temple and required sanction under the Hindu Religious Institutions Act. …

RANVIR SINGHversusSTATE OF HARYANA & ANR.

2009 INSC 1095Dismissed

Ranvir Singh challenged two criminal complaints filed by Smt. Ved Wati under the Prevention of Corruption Act, alleging that the first complaint (1999) and a later complaint (2002) were dismissed because the complainant failed to pay the process fee. He argued that a second complaint on the same …

SHUB KARAN BUBNA @ SHUB KARAN PRASADversusSITA SARAN BUBNA & ORS.

2009 INSC 1062Dismissed

The petitioners sought a final decree for partition of property after a preliminary decree had been passed in 1964. The respondents argued that the application for a final decree was barred by the three‑year limitation period under Article 137 of the Limitation Act, 1963. The Supreme Court held that …

ANIL VASUDEV SALGAONKARversusNARESH KUSHALI SHIGAONKAR

2009 INSC 1057Appeal(s) allowed

The appellant, a returned candidate, challenged the High Court's order that upheld an election petition filed by the respondent alleging corrupt practices. The petition claimed the appellant had constructed bore wells and provided ambulances after the election notification, allegedly exceeding the …

M/S FIXITY PACKAGING INDUSTRIES PVT. LTD. & ORS.versusUDYEN JAIN (HUF)

2009 INSC 1021Disposed off

The respondent filed a summary suit under Order XXXVII of the CPC for recovery of Rs.2.66 crore on account of dishonoured cheques. The appellants sought leave to defend and the trial judge granted conditional leave, directing them to deposit Rs.2 crore within two months or have the leave revoked. …

ECE INDUSTRIES LIMITEDversusS.P. REAL ESTATE DEVELOPERS P. LTD. & ANR.

2009 INSC 1022Dismissed

ECE Industries Ltd., the plaintiff‑appellant, entered into a Development Agreement with S.P. Real Estate Developers for the construction of 1,800 apartments on a land parcel in Hyderabad. The respondents allegedly breached the agreement but proceeded with substantial construction, investing crores …

BISWANATH AGARWALLAversusSABITRI BERA & ORS.

2009 INSC 1012Appeal(s) allowed

The respondents filed a title suit for eviction of the appellant, claiming ownership and landlord status over a shop in Purulia. The appellant denied being a tenant, asserting that he entered possession under a sale agreement and later pleaded adverse possession, claiming over twelve years of …

NARINDER KUMAR MALIKversusSURINDER KUMAR MALIK

2009 INSC 1013Appeal(s) allowed

The brothers Narinder Kumar Malik and Surinder Kumar Malik were parties to a partition suit concerning a jointly owned industrial plot. While the suit was pending, they executed a Memorandum of Understanding (MOU) on 9 February 2005 whereby Narinder agreed to sell his 50% share to Surinder for Rs. …

H.V. VEDAVYASACHARversusSHIVASHANKARA & ANR.

2009 INSC 996Disposed off

The plaintiff, H.V. Vedavyasachar, sued Shivashankara and others for a permanent injunction and a mandatory injunction directing possession of the suit property. The trial court decreed the suit. On appeal, the respondents filed an application under Order 41 Rule 27 CPC to adduce additional …

M/S. JOHN IMPEX (PVT.) LTD. & ANR.versusATHUL KAPUR & ORS

2009 INSC 993Dismissed

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

NAHAR INDUSTRIAL ENTERPRISES LTD.versusHONG KONG & SHANGHAI BANKING CORPORATION

2009 INSC 966Disposed off

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

FIZA DEVELOPERS & INTER-TRADE P. LTD.versusAMCI (I) PVT. LTD. & ANR.

2009 INSC 946Dismissed

Fiza Developers & Inter‑Trade Ltd. challenged an arbitral award of Rs 57.6 crore by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, seeking its setting aside. The respondent filed a written statement and the appellant moved the City Civil Court to frame issues …

P.K. PALANISAMYversusN. ARUMUGHAM & ANR.

2009 INSC 943Appeal(s) allowed

The appellant filed a suit for recovery of money in 1998 with a deficit court fee, seeking extensions under Sections 148, 151 and later Section 149 of the CPC because stamp fee papers were unavailable. The deficit fee was eventually paid and the court condoned a 272‑day delay in presenting the …

SONU BABU BHAMBID & ORS.versusDREAM DEVELOPERS & ORS.

2009 INSC 930Dismissed

The appellants, slum dwellers, entered into a rehabilitation agreement with the respondents, a developer, which required them to obtain an eligibility certificate before the scheme could be invoked. They failed to secure the certificate, yet the developer began commercial construction on the …

P.A. JAYALAKSHMIversusH. SARADHA AND ORS.

2009 INSC 934Dismissed

The respondents filed a suit for partition of property in 2004. The appellant filed her written statement in 2006 and later discovered a 1993 will that she claimed affected the ownership of the suit property. On 1 March 2007, after the trial had commenced and a witness had been examined, she applied …

INDERCHAND JAIN (D) THROUGH L.RS.versusMOTILAL (D) THROUGH L.RS.

2009 INSC 937Appeal(s) allowed

The parties entered into a sale agreement for a haveli; the buyer sued for specific performance and obtained a decree, which the seller appealed and had set aside. During the appeal the seller withdrew the amount deposited by the buyer, and the High Court again set aside the trial court decree. Both …

E.L.C.M. EXPORTS LIMITEDversusSOUTH INDIAN CORPN. (AGENCIES) LTD. & ANR.

2009 INSC 938Case Allowed

ELCM Exports Ltd., an export house, filed a complaint before the National Consumer Disputes Redressal Commission seeking damages for a delayed shipment that was held in a US customs bonded warehouse, causing the foreign buyer to reject the consignment. The Commission dismissed the complaint as …

SAYEED AHMED & CO.versusSTATE OF UP & ORS.

2009 INSC 896Case Partly allowed

The appellant, a contractor, completed a construction project for the State of Uttar Pradesh in 1996, after which disputes over payment led to arbitration in 1997. The arbitrator awarded the respondents to pay the contractor Rs.24,18,586 with interest at 18% per annum from April 1996, and also …

OLYMPIC INDUSTRIESversusMULLA HUSSAINY BHAI MULLA AKBERALLY & ORS.

2009 INSC 879Appeal(s) allowed

The landlord filed a petition for fixation of fair rent and the tenant filed a counter‑statement. After the trial began, the tenant sought permission to file an additional written statement raising a new plea about the extent of his lease. The Rent Controller and the Appellate Tribunal allowed the …

M/S. SHAKTI TUBES LTD.versusSTATE OF BIHAR & ORS.

2009 INSC 885Dismissed

Mis. Shakti Tubes Ltd., a small‑scale supplier, entered into a 1992 supply order with the State of Bihar for pipes. The state withheld Rs 38,13,480, prompting the supplier to sue for the amount with compound interest at 24% per annum. The trial court awarded the compound interest; the Patna High …

DEVAKI ANTHARJANAMversusSREEDHARAN NAMBOODIRI & ANR.

2009 INSC 887Appeal(s) allowed

The appellant-landlady filed a suit for recovery of possession of a property and the respondents claimed compensation for improvements they had made. The trial court, based on a commissioner’s report, awarded Rs 1,35,500 as compensation and decreed possession in favour of the appellant. After the …

BHARAT KARSONDAS THAKKARversusM/S. KIRAN CONSTRUCTION CO. AND ORS.

2009 INSC 829Appeal(s) allowed

The case arose from a long‑standing dispute over leasehold lands originally granted to Sowar Ramji Vaity. After a series of agreements, the respondent Kiran Construction Co. (Respondent No.1) sought to enforce a 1982 injunction restraining the Vaity family and others from dealing with the …

TAHAZHATHE PURAYIL SARABI & ORS.versusUNION OF INDIA & ANR.

2009 INSC 815Appeal(s) allowed

The appellants' husband was robbed and thrown from a moving train in 1998, resulting in his death. The appellants filed a claim for compensation before the Railway Claims Tribunal, which awarded Rs.4 lakh in 2007 but granted interest only in case of default. The appellants appealed, arguing that …

M.P. PETERversusSTATE OF KERALA & ORS.

2009 INSC 786Appeal(s) allowed

The appellant, M.P. Peter, claimed ownership of 13.25 cents of land in Kizhakkambalam and was ordered by a Sub‑Divisional Magistrate under Section 145 of the CrPC to hand the property over to the respondent. The Sessions Court reversed that order, but the High Court restored it, and the Supreme …

SMRUTI PAHARIYAversusSANJAY PAHARIYA

2009 INSC 783Disposed off

The wife filed a joint petition for divorce by mutual consent under Section 138 of the Hindu Marriage Act, 1955. After the mandatory six‑month waiting period expired on 19‑Nov‑2007, the husband was absent on three successive dates (19‑Nov, 1‑Dec and 4‑Dec). The Family Court, without being satisfied …

DEVENDRA &ORS.versusSTATE OF U.P. & ANR.

2009 INSC 738Appeal(s) allowed

The appeal arose from a civil dispute among co‑sharers over the extent of their shares in a joint family property. Two co‑sharers sold a portion of the property to third parties, prompting the remaining co‑sharer to file a suit for cancellation of the sale deed and a criminal complaint alleging …

HARYANA VIDYUT PARSARAN NIGAM LIMITED & ANR.versusGULSHAN LAL & ORS.

2009 INSC 742Dismissed

Haryana Vidyut Parishan Nigam Limited (the corporation) owned two thermal power plants; employees at its Faridabad plant sued for higher pay scales, seeking a declaration of entitlement and a mandatory injunction to pay the higher salaries with interest, invoking the principle of equal pay. The …

DIR., CENT. MARINE FISHERIES RES INST. & ORS.versusA. KANAKKAN & ORS.

2009 INSC 687Dismissed

The Director of the Central Marine Fisheries Research Institute (affiliated to ICAR) appealed against a Supreme Court order granting four former "Computer" employees a revised pay scale of Rs.425‑600. The employees had earlier filed an application before the Central Administrative Tribunal (CAT) …

VISHNU DUTT SHARMAversusDAYA SAPRA

2009 INSC 702Appeal(s) allowed

Vishnu Dutt Sharma sued Daya Sapra for recovery of a loan, while simultaneously filing a criminal complaint under Section 138 of the Negotiable Instruments Act for a dishonoured cheque. The criminal trial resulted in an acquittal of Sapra. Sapra then sought to have the civil suit dismissed under …

MADDINENI KOTESWARA RAOversusMADDINENI BHASKARA RAO AND ANR.

2009 INSC 699Dismissed

The appellant and respondents, siblings of a deceased father who was also a joint family manager, were parties to a partition suit concerning family property. While the suit was pending, the father executed a registered will bequeathing his one‑fourth share to the respondent, and subsequently died. …

SUSHIL KUMAR JAINversusMANOJ KUMAR & ANR.

2009 INSC 700Appeal(s) allowed

In an eviction proceeding under Section 13 of the East Punjab Rent Restrictions Act, the tenant (appellant) filed a written statement and later sought to amend it under Order 6 Rule 17 of the CPC to correct inadvertent misstatements. The Rent Controller rejected the amendment, holding that it would …

KATLA MUTHYAL NAIDUversusKOTHAPALLE VENKATAPPA NAIDU AND ORS.

2009 INSC 624Appeal(s) allowed

The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court's dismissal of the appeal on the ground that the plaint did not contain a specific plea of adverse possession. The Supreme Court examined the averments in paragraphs 2 and 4 of the …

STATE OF RAJASTHAN & ANR.versusMIS. FERRO CONCRETE CONSTRUCTION PVT. LTD.

2009 INSC 580Appeal(s) allowed

The State of Rajasthan entered into a contract with Ferro Concrete for a water‑pipeline project. After the contractor failed to complete the work, arbitration was instituted and the arbitrator awarded various sums, including loss of profit (claim 1), idle‑machinery compensation (claim 37A), and …

T.K. MOHAMMED ABUBUCKER (D) THR. LRS. & ORS.versusP.S.M. AHAMED ABDUL KHADER & ORS.

2009 INSC 589Appeal(s) allowed

The plaintiff purchased a 5‑acre plot in 1982 and sued the defendants for declaration of title and possession, alleging encroachment. The trial court and the High Court Single Judge dismissed the suit, finding that the plaintiff had not proved any title or prior possession and that the defendants …

TARA CHAND & ORS.versusMUNICIPALITY GHARAUNDA

2009 INSC 575Case Partly allowed

The appellants filed a suit for permanent injunction against the Municipality, which was dismissed by the trial court. The first appellate court set aside that dismissal, but the High Court, in a second appeal, reversed the appellate court’s finding without first framing the substantial questions of …

V.RAMASWAMYversusRAMACHANDRAN & ANR

2009 INSC 553Disposed off

The Madras High Court allowed a second appeal under Section 100 of the Code of Civil Procedure without formulating any substantial question of law, which the appellant challenged. The Supreme Court examined whether the High Court was justified in disposing of the appeal without such formulation, as …

SUHELKHAN KHUDYARKHAN & ANR.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 495Disposed off

The appellants, long‑time tenants of a plot, had erected a tin shed and operated a religious bookshop that was recognised by the municipal council. Following a complaint by a private individual, the Sub‑Divisional Magistrate, invoking Section 133 of the Code of Criminal Procedure, ordered the …

SUMESH SINGHversusPHOOLAN DEVI & ORS.

2009 INSC 533Dismissed

The plaintiff, Babu, owned suit land and filed a suit to set aside a deed of sale executed under a purported Power of Attorney. The plaintiff died during the suit and his heirs were brought on record. An amendment to the plaint was allowed in 2004. Subsequently, the eighth respondent (an heir and …

MANDAL PANCHAYATH HUNSAGIversusNORTH EASTERN K.R.T.C.

2009 INSC 519Dismissed

The North Eastern K.R.T.C., a statutory road transport corporation, filed a suit for permanent injunction to stop the Mandal Panchayat from constructing shops on land that formed part of a public road maintained by the PWD, thereby obstructing a wicket gate used for passenger egress at a bus stand. …

SHANTI PRASAD JAIN (D) THROUGH LRS.versusPRAKASH NARAIN MATHUR

2009 INSC 530Dismissed

The landlord filed an eviction suit alleging non‑payment of rent and obtained an order from the Rent Controller directing the original tenant to pay rent at Rs 105 per month from 1985. After the tenant's death in 1997, his heirs (the appellants) failed to make timely payments, depositing the arrears …

SETH RAMDAYAL JATversusLAXMI PRASAD

2009 INSC 511Dismissed

The borrower, Laxmi Prasad, had pledged jewellery to money‑lender Seth Ramdayal Jat in 1987 for a loan. After the lender was convicted in a criminal case for charging excess interest, the borrower served a notice on 12 May 1998 demanding the return of the jewellery, which was ignored. A suit for …

LAKSHMI & ANR.versusCHINNAMMAL @ RAYYAMMAL & ORS.

2009 INSC 466Appeal(s) allowed

The appellants, co‑sharers, filed a suit to cancel a partition deed and also lodged an FIR alleging the deed was forged. The deed and the appellant’s signatures were sent to the Forensic Science Laboratory, which produced reports on the signature and on the thumb impression. While the trial court …

KATARI SURYANARAYANA & ORS.versusKOPPISETTI SUBBA RAO & ORS.

2009 INSC 467Dismissed

The dispute concerned the right of two neighbouring parties to use a lane connecting their houses. Respondents filed a suit for injunction which was dismissed, and the order was appealed; the appellants then filed a second appeal before the High Court. During the pendency of that appeal, respondents …

KISHORSINH RATANSINH JADEJAversusMARUTI CORP. & ORS.

2009 INSC 457Disposed off

The appellants, owners of agricultural land, entered into an agreement in 1980 for a cooperative housing project that later failed, leading the respondent Maruti Corp. to sue for specific performance in 1999. While the Gujarat High Court admitted the appeal and initially ordered that any dealing …

MARIRUDRAIAH & ORS.versusB. SAROJAMMA & ORS.

2009 INSC 452Case Partly allowed

The case arose from a partition suit where a preliminary decree was passed and an appeal was filed. During the pendency of the appeal, respondents 8 and 9 purchased one of the suit items (item No. 9) and were impleaded as respondents in the appeal. The parties later executed a compromise agreeing to …

COMMISSIONER OF CUSTOMS & CENTRAL EXCISEversusM/S. HONGO INDIA (P) LTD. & ANR.

2009 INSC 414Dismissed

The Commissioner of Customs & Central Excise filed a reference application under Section 35H(1) of the unamended Central Excise Act, 1944, seeking the High Court’s direction to refer a question of law to the Appellate Tribunal, but the application was filed after the statutory period of 180 days. …

ORIENTAL INSURANCE CO. LTD.versusKALAWATI DEVI & ORS.

2009 INSC 396Appeal(s) allowed

The case involved Oriental Insurance Co. Ltd., which appealed a decision of the Jharkhand High Court that dismissed its claim under the Motor Vehicles Act, 1988. The High Court had held that the insurer had not obtained leave to contest the claim under section 170 after the vehicle owner failed to …

U.P. JAL NIGAM, LUCKNOWversusMANJU GOEL & ORS.

2009 INSC 397Disposed off

The Motor Accident Claims Tribunal awarded Rs.9,18,288 to victims of a 1979 accident, directing Uttar Pradesh Jal Nigam (UPJ) to pay. UPJ appealed to the Allahabad High Court, but after the reorganization of Uttar Pradesh, the appeal was transferred to the newly created Uttarakhand High Court. …

WOODS BEACH HOTELS LTD.versusMAPUSA URBAN CO-OPERATIVE BANK OF GOA LTD. & ORS.

2009 INSC 399Disposed off

The Bank of Goa extended a loan to a firm of its director and secured it by mortgaging the appellant’s property “Soranto”. After obtaining an award, the bank executed attachment and later purchased the property itself, subsequently conducting an auction in which Softitel Hospitality & Management …

FOOD CORPORATION OF INDIAversusSUKH DEO PRASAD

2009 INSC 401Appeal(s) allowed

The Food Corporation of India (FCI) was ordered by a trial court to deposit rent payments for a godown it leased from borrowers into the bank’s loan account, an order that the bank sought as an interim direction. The bank later filed a contempt application under Order 39 Rule 2A of the CPC, alleging …

VIMAL CHAND GHEVARCHAND JAIN & ORS.versusRAMAKANT EKNATH JAJOO

2009 INSC 387Appeal(s) allowed

The appellant partnership firm claimed title to four godowns in Nasik based on a registered deed of sale executed in 1974 by the respondent's father. The respondent occupied the property as a licencee and later contested the deed, alleging it was a security for a Rs.50,000 loan. The trial court …

BELLACHI (DEAD) BY LRversusPAKEERAN

2009 INSC 388Dismissed

Bellachi, a deceased woman represented by her legal heir, filed a suit challenging a sale deed executed in favour of her younger brother, alleging misrepresentation, undue influence, fraud and collusion. The trial court dismissed the suit for lack of specific pleadings under Order VI Rule 4 CPC and …

M/S. CENTURY TEXTILES INDUSTRIES LTD.versusDEEPAK JAIN & ANR.

2009 INSC 376Appeal(s) allowed

M/s. Century Textiles Industries Ltd. obtained a decree against M/s. Surya Trading Company, Proprietor D.K. Jain. In execution proceedings, Deepak Jain (respondent No.1) objected, claiming he was not the proprietor and thus not liable. The execution court, following a High Court revision order …

C. ELUMALAI & ORS.versusA.G.L. IRUDAYARAJ & ANR.

2009 INSC 378Case Allowed

The Supreme Court entertained a contempt petition filed by C. Elumalai & Ors. alleging that the respondents, A.G.L. Irudayaraj & Anr., had willfully violated the Court's order dated 19 March 2007 which directed the Madras High Court to dispose of a suit within six months and refrain from creating …

RAMESHWAR DAYAL MANGALA @ RAMESH CHANDversusHARISH CHAND & ANR.

2009 INSC 362

The plaintiff filed a suit for mandatory injunction which was decreed in his favour by the trial court. The decree was appealed first to an Additional District Judge, who allowed the appeal, and subsequently a second appeal was filed under Section 100 of the CPC before the Punjab & Haryana High …

SANTOSHversusSTATE OF U.P.

2009 INSC 347Appeal(s) allowed

The appellant, Santosh, challenged the Allahabad High Court's ex‑parte dismissal of his criminal revision petition (No. 1622 of 1989). The High Court had refused to recall the order, holding that it was decided on merits and therefore could not be recalled. The Supreme Court observed that the …

PARMANAND PATEL (D) BY LR. & ORS.versusSUDHA A. CHOWGULE & ORS.

2009 INSC 338Disposed off

The Supreme Court examined an appeal challenging a Bombay High Court interim order that appointed the High Court’s Official Receiver for the assets of a company and gave Sudha A. Chowgule exclusive powers to execute documents and induct tenants. The Court reiterated that under Order 40 Rule 1 of the …

NAWAB SHAQAFATH ALI KHAN & ORS.versusNAWAB IMDAD JAH BAHADUR & ORS.

2009 INSC 325Disposed off

The dispute concerned the interpretation of the H.E.H. Nizam's Jewellery Trust deed, incorporated by the Nizam's Trust Deeds (Validation) Act, 1950, particularly clauses dealing with the "Remaining Sons' Fund" and "Remaining Daughters' Fund". Original petitions under Sections 56 and 61 of the Indian …

M/S KANHIYA SINGH SANTOK SINGH & ORS.versusKARTAR SINGH

2009 INSC 313Case Partly allowed

The dispute concerned a shop in Kishangarh where an eviction suit was filed against the tenant, late Santok Singh, and his firm. Santok Singh died during the pendency of a second appeal, and his two sons applied to be substituted as his legal representatives under Order 22 Rule 3 of the CPC, …

V. LAXMINARASAMMAversusA. YADAIAH (DEAD) & ORS.

2009 INSC 291Disposed off

The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the Special Tribunal or Special Court created under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 could decide questions of adverse possession. The Court examined the provisions of the Act, its …

U.P. POWER CORPORATION LTD.versusNATIONAL THERMAL POWER CORPORATION LTD. AND ORS.

2009 INSC 292Appeal(s) allowed

The dispute concerned whether the National Thermal Power Corporation (NTPC) could have the arrears of salary revision for its employees, payable with retrospective effect from 1997, included in the tariff for its Korba and Dadri power stations for the years 1997-2000. NTPC filed tariff applications …

KAUSAL YABAI & AKKABAI (DEAD) BY LRS.versusHARISHCHANDRA MUNNALAL GUPTA

2009 INSC 297Disposed off

The suit was filed by the brother, Harishchandra Gupta, seeking possession of a house on the basis that he held a permanent lease granted by the Naib Tehsildar on 30‑Nov‑1979. The sister, Kausalya Bai, contended that she was a licensee and later claimed title by adverse possession, while also …

C.K. SASANKANversusTHE DHANALAKSHMI BANK LTD.

2009 INSC 273Case Partly allowed

The appellant, C.K. Sasankan, sought recovery of a loan taken by his father from Dhanalakshmi Bank and challenged the interest awarded by the Debt Recovery Tribunal, which was 25% from filing to judgment and 19.4% thereafter. He argued that such rates were excessive and violated Section 34 of the …

SAROJ ANAND & ORS.versusPRAHLAD RAI ANAND & ORS.

2009 INSC 264Dismissed

The case involved a partition suit among members of a joint family where counsel Y.K. Kapoor, appearing for all defendants, stated in court on 14 October 1999 that the defendants did not dispute the plaintiff's share in all the properties and were willing to sell them. A preliminary decree was …

VADIRAJ NAGGAPPA VERNEKAR (D) THROUGH LRS.versusSHARAD CHAND PRABHAKAR GOGATE

2009 INSC 245Dismissed

The suit concerned the ownership of a flat and the validity of letters of administration obtained by the respondent. A key witness, Sadanand Sheshgiri Shet, gave his evidence by affidavit under Order 17 Rule 4 CPC. The plaintiffs later moved a motion under Order 18 Rule 17 CPC seeking to recall the …

KOPPISETTY VENKAT RATNAM (D) THROUGH LRS.versusPAMARTI VENKAYAMMA

2009 INSC 237Disposed off

The Supreme Court examined a civil appeal challenging a High Court judgment that set aside the concurrent findings of fact of the trial court and the first appellate court without formulating any substantial question of law, as required by Section 100 of the Code of Civil Procedure (amended 1976). …

KALIAPERUMALversusRAJAGOPAL & ANR.

2009 INSC 228Dismissed

Kaliaperumal purchased immovable property from Rajagopal and others by a deed dated 26 June 1983, agreeing to pay Rs.43,000, of which Rs.40,000 was to be paid in the presence of the Sub‑Registrar at registration. The deed was registered on 26 October 1983, but the balance consideration was never …

M/S. RAMPUR FERTILISER LTD.versusM/S. VIGYAN CHEMICALS INDUSTRIES

2009 INSC 207Disposed off

MIS. Rampur Fertiliser Ltd. sued M/s. Vigyan Chemicals Industries for unpaid bills and claimed interest at 18% per annum. During the pendency of the suit, the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 came into force (23‑Sept‑1992) and the plaintiff …

N. SRINIVASAversusM/S KUTTUKARAN MACHINE TOOLS LTD.

2009 INSC 216Case Partly allowed

The appellant, N. Srinivasa, entered into an agreement to purchase a plot of land from M/s Kuttukaran Machine Tools Ltd. After paying a large advance, the respondent failed to execute the sale deed, sought a higher price, and attempted to sell the property to a third party. The appellant filed an …

SNEH GUPTAversusDEVI SARUP & ORS.

2009 INSC 201Dismissed

The appellant, Sneh Gupta, an heir of Munni Devi, challenged a compromise decree that had been entered into by the original plaintiff Veena Nirwani and certain defendants during the pendency of two suits concerning land mutation and alleged fraud. The compromise resulted in the withdrawal of both …

MADAN MOHAN MISHRAversusCHANRIKA PANDEY (DEAD) BY LRS.

2009 INSC 202Dismissed

The appellant, Madan Mohan Mishra, filed a suit in 1994 seeking to set aside a deed of gift concerning agricultural lands, alleging the deed was void. Earlier, a suit filed in 1969 concerning the same lands was abated by an order dated 17 July 1973 under the Uttar Pradesh Consolidation of Holdings …

TILAK RAJversusBAIKUNTHI DEVI (D) BY LRS.

2009 INSC 192Appeal(s) allowed

The appellant, Tilak Raj, claimed a half‑share in land bequeathed to him by his grandmother's will and in land that had been acquired by the Fertilizer Corporation of India (FCI) and later returned as surplus. The decree in the earlier suit mistakenly described the land as Khasra No. 25R/52 instead …

RUR SINGH (D) TH. LRS. & ORS.versusBACHAN KAUR

2009 INSC 156Appeal(s) allowed

The case concerned a Will executed by a villager, Kehar Singh, bequeathing his agricultural lands to his sons, which was challenged by his daughter Bachan Kaur on the ground that the Will was not duly executed and was surrounded by suspicious circumstances. The trial court and the first appellate …

PEETHANI SURYANARAYANA & ANR.versusREPAKA VENKATA RAMANA KISHORE & ORS.

2009 INSC 178Dismissed

The appeal arose from a partition suit concerning a joint family property where the appellants had purchased undivided shares from certain defendants. A preliminary decree and a final decree were passed, both attaining finality. After the final decree, the decree holder sought to amend the decree to …

NARAYANAN RAJENDRAN & ANOTHERversusLEKSHMY SAROJINI & OTHERS

2009 INSC 180Appeal(s) allowed

The plaintiffs sued for a share in a property claiming it was a sub‑tarward asset governed by the marumakkathayam customary law. The trial court and the first appellate court held that the property was not partible, the parties were governed by the makkathayam law and the plaintiffs failed to prove …

ASHOK SHARMAversusRAM ADHAR SHARMA

2009 INSC 151Dismissed

The respondent, Ram Adhar Sharma, filed a suit for possession of a flat in a cooperative housing society against the appellant, Ashok Sharma, who was occupying the flat as a tenant. During trial, the President of the society (PW‑3) was summoned and, after his testimony, sought to produce a document …

SAHARA INDIA COMMERCIAL CORPN. LTD.versusB. JEEJEEBHOY VAKHARIA AND ORS.

2009 INSC 105Disposed off

The Supreme Court entertained Civil Appeal No. 725 of 2009 filed by Sahara India Commercial Corp. Ltd. seeking directions for the speedy disposal of a suit (No. 3376 of 2005) pending before the Bombay High Court and an appeal against an order passed on a chamber summons. The Court, invoking its …

JAI SINGH & ORS.versusGURMEJ SINGH

2009 INSC 46Dismissed

The vendor Bhartu sold a 20-kanal portion (400/3723 share) of a jointly held land to the appellants, Jai Singh & Ors. The respondent, co‑sharer Gurmej Singh, filed a suit for possession invoking pre‑emption under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913, claiming a superior right to …

FOMENTO RESORTS AND HOTELS LTD. AND ANOTHERversusMINGUEL MARTINS AND OTHERS

2009 INSC 39Dismissed

The Supreme Court examined the acquisition of land (survey Nos.803 and 804) by the State of Goa for a tourism development project undertaken by Fomento Resorts and Hotels Ltd. The Court had to decide whether the acquisition fell under Section 40(1)(aa) or Section 40(1)(b) of the Land Acquisition …

BHAGWAN SARUP NAGAR (D) BY LRSversusRAM KISHAN

2009 INSC 35Appeal(s) allowed

The plaintiff, Bhagwan Sarup Nagar, claimed ownership of a house and had licensed his cousin, Ram Kishan, to occupy two rooms. After revoking the licence on 27 September 1991, the defendant refused to vacate, prompting the plaintiff to sue for a mandatory injunction, possession, and mesne profits. …

HARBANS SINGH & ORS.versusSANT HARI SINGH & ORS.

2009 INSC 28Dismissed

The dispute concerned the management of Gurudwara Sant Bela Sahib Patshahi, where the Mohtim, Sant Hari Singh, claimed exclusive control and the Managing Committee claimed joint management. Two suits—one by the Mohtim and one by the Managing Committee—were consolidated and heard together; the trial …

RAJASTHAN STATE ELECTRICITY BOARDversusM/S. UNIVERSAL PETROL CHEMICALS LTD.

2009 INSC 16Appeal(s) allowed

The Rajasthan State Electricity Board (RSEB) entered into two purchase orders and agreements with Universal Petrol Chemicals Ltd. for transformer oil, each containing an arbitration clause and an ouster clause confining jurisdiction to the courts at Jaipur, Rajasthan. Disputes arose over defective …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION --I & ANR.versusBAL MUKUND BAIRWA

2009 INSC 14Reference answered

The Rajasthan State Road Transport Corporation (a State corporation) terminated several employees and the employees filed civil suits alleging violation of natural‑justice principles and statutory regulations. The Supreme Court was asked to resolve a conflict between earlier judgments on whether …

ASHOK KUMAR MITTALversusRAM KUMAR GUPTA & ANR.

2009 INSC 12Dismissed

Ashok Kumar Mittal filed a suit for specific performance of an alleged sale agreement. The trial court dismissed the suit and the Delhi High Court affirmed the dismissal, holding that both parties had lied on oath and deserved prosecution for perjury. Instead of ordering prosecution, the High Court …

KARTICK CHANDRA MANDALversusNETAL MONDAL (DEAD) BY LRS. AND ORS.

2009 INSC 4Appeal(s) allowed

The plaintiff filed a suit for declaration of title, possession and permanent injunction based on an alleged amicable partition of land among co‑sharers. The High Court, on a second appeal under CPC s.100, decided that the partition, if any, did not occur before the commencement of Section 14 of the …

G. JAYASHREE & ORS.versusBHAGWANDAS S. PATEL & ORS.

2008 INSC 1501Dismissed

The appellants (joint purchasers) entered into an agreement of sale with the respondents (vendors) for land development, which required the purchasers to obtain a layout plan. After disputes, one co‑purchaser entered into a compromise with the vendors, effectively rescinding his part of the …

C. CHERIATHANversusP. NARAYANAN EMBRANTHIRI

2008 INSC 1483Appeal(s) allowed

The Supreme Court examined a deed dated 27‑10‑1969 in which the vendor transferred his one‑half leasehold interest to the vendee with a stipulation that he could repurchase the property within three years. The central issue was whether the instrument constituted an absolute conveyance with a …

KOPARGAON S.S.K. LTD.versusSTATE OF MAHARASHTRA & ORS.

2008 INSC 1486Appeal(s) allowed

The appellant, a liquor manufacturer, challenged the State's demand for supervision charges with retrospective effect and interest, arguing that a prior High Court decision had already settled the issue. The High Court dismissed the later writ petition, holding that the demand notices were illegal. …

M/S. MALWA STRIPS PVT. LTD.versusM/S. JYOTI LTD.

2008 INSC 1489Appeal(s) allowed

M/s Malwa Strips Pvt Ltd filed a summary suit under Order XXXVII CPC against M/s Jyoti Ltd for a sum of money. The trial court granted conditional leave to defend, requiring the respondent to deposit an admitted amount, which the respondent failed to do, leading to a decree in favour of the …

U.R. VIRUPAKSHAIAHversusSARVAMMA & ANR.

2008 INSC 1463Appeal(s) allowed

The plaintiff, U.R. Virupakshaiah, filed a partition suit alleging that the disputed lands were joint family property. The High Court, hearing a second appeal under Section 100 of the Code of Civil Procedure, framed an additional substantial question of law concerning the existence of a joint Hindu …

DEEPA BHARGAVA & ANR.versusMAHESH BHARGAVA & ORS.

2008 INSC 1443Appeal(s) allowed

The parties, siblings, entered into a compromise concerning ancestral property, which the court incorporated into a decree ordering the respondents to pay Rs.10 lakh each and, on default, interest at 18% per annum. The respondents failed to pay, and the appellants sought execution. The executing …

WADA ARUN ASBESTOS (P) LTD.versusGUJARAT WATER SUPPLY & SEWERAGE BOARD

2008 INSC 1448Dismissed

Wada Arun Asbestos (P) Ltd. supplied AC pressure pipes to Gujarat Water Supply & Sewerage Board, which failed to pay the amount due. The plaintiff filed a summary suit under Order 37 of the CPC; the defendant was granted conditional leave to defend on the condition of depositing 50% security, which …

MAHESH YADAV & ANR.versusRAJESHWAR SINGH & ORS.

2008 INSC 1451Appeal(s) allowed

In a suit for declaration of title and possession of land, six defendants were impleaded. Defendants 2 and 5 entered into a compromise with the plaintiff, while an ex‑parte decree was passed against defendants 1 and 6. The latter filed an application under Order IX Rule 13 of the Code of Civil …

MANTOO SARKARversusORIENTAL INSURANCE CO. LTD. AND OTHERS

2008 INSC 1453Appeal(s) allowed

Mantoo Sarkar, a migrant agricultural labourer originally from Pilibhit, was residing and working in Nainital when he was injured in a bus‑truck collision that occurred in Bareilly, Uttar Pradesh. The truck was insured by Oriental Insurance Company, which maintained a branch at Nainital. Sarkar …

KAILASH RANI DANGversusRAKESH BALA ANEJA & ANR.

2008 INSC 1425Disposed off

The dispute arose from a family arrangement and partnership deed concerning a cinema hall, where the appellant sought execution of an ex‑parte arbitral award dated 25 August 1999. The respondent contested the award, claiming he never received it and filed a Section 34 application beyond the 90‑day …

VIDYABAI & ORS.versusPADMALATHA & ANR.

2008 INSC 1428Appeal(s) allowed

The plaintiffs filed a suit for specific performance of a sale agreement and filed a written statement in April 2004. After issues were framed and affidavits were filed as evidence, the defendants sought to amend their written statement in November 2006. The trial court dismissed the amendment, …

K. LAXMANANversusTHEKKAYIL PADMINI & ORS.

2008 INSC 1392Dismissed

The appeal concerned the validity of a Will (Ext.83) and a Gift Deed (Ext.82) executed by the deceased Chathu in favour of his son K. Laxmanan. The appellant was required to prove the genuineness and execution of both documents under Sections 68 and 69 of the Indian Evidence Act, 1872. Because one …

S. SATNAM SINGH & ORS.versusSURENDER KAUR & ANR.

2008 INSC 1382Appeal(s) allowed

The case involved a partition suit concerning a residential house and the business of Bombay Cycle Company. The trial court passed a preliminary decree granting each party a one‑third share in the house, but later the parties sought to include the business assets in the partition. The High Court set …

NARENDRA GOPAL VIDYARTHIversusRAJAT VIDYARTHI

2008 INSC 1385Appeal(s) allowed

The dispute arose from a Will executed by Bishan Sahai Vidyarthi in 1965, which set aside Rs.30,000 for the benefit of his widowed daughter‑in‑law Chandramukhi and her son Narendra Gopal Vidyarthi. Within a month the testator purchased an immovable property with that amount. After the testator's …

MOHAMMED YUSUFversusFAIJ MOHAMMAD & ORS .

2008 INSC 1381Appeal(s) allowed

The appellant filed a suit for permanent and temporary injunction in 2002. The respondents, served with summons, repeatedly sought extensions to file their written statement under Order 8 Rule 10 of the CPC, but the trial court rejected their application and set a date for recording evidence. The …

OM PRAKASH MARWAHA (D) THR. LRS. & ORS.versusJAGDISH LAL MARWAHA (D) THR. LRS.

2008 INSC 1354Dismissed

The plaintiff sought vacant and peaceful possession of a Delhi property, but the suit was dismissed. The plaintiff appealed, and during the first appeal the sole defendant died. An application for substitution of the defendant’s legal heirs was filed but remained pending, and the decree was …

STATE OF U.P. & ANR.versusJAGDISH SARAN AGRAWAL. & ORS.

2008 INSC 1346Appeal(s) allowed

The State of Uttar Pradesh, owner of a parcel of land managed by the Nagar Palika, sought eviction of alleged unauthorized occupants under three different statutes: a 1960 suit for permanent injunction filed by the Nagar Palika, a 1970 proceeding under the Uttar Pradesh Public Land (Eviction and …

NARAYAN PRASAD LOHIAversusNIKUNJ KUMAR LOHIA

2008 INSC 1347Dismissed

An arbitration award dated 6 October 1996 confirmed a family settlement under a Memorandum of Understanding (MOU) of 24 June 1996. The award was challenged by two parties, leading a single High Court judge to set it aside. Subsequent appeals were dismissed, and the Supreme Court remanded the matter …

SAMBHAJI & ORS.versusGANGABAI & ORS.

2008 INSC 1329Appeal(s) allowed

In a civil suit the defendants failed to file their written statement within the 90‑day period prescribed by Order 8 Rule 1 of the Code of Civil Procedure. The trial court refused to accept the belated statement, holding that the provision barred any extension. The defendants appealed; the High …

KOMALAM AMMAversusKUMARA PILLAI RAGHAVAN PILLAI AND ORS.

2008 INSC 1305Disposed off

The husband filed a suit for declaration of title and possession of a schedule property where his wife and children were residing. The trial court and the first appellate court decreed possession in favour of the husband. The wife appealed, asserting her right to reside in the matrimonial home and …

HARYANA VIDYUT PARASARAN NIGAM LTD. & ORS.versusM/S. SUPER STAR GRIT UDYOG

2008 INSC 1286Appeal(s) allowed

The Haryana Vidyut Parishan Nigam Ltd. demanded a penalty of Rs. 11,37,222 from Super Star Grit Udyog for alleged theft of electricity. The consumer filed a suit for declaration and a permanent injunction, while the board raised a preliminary objection that the suit was not maintainable under the …

SACHIDA NAND LAL @ SACHIDA NAND SHAHversusSTATE OF BIHAR, (NOW JHARKHAND)

2008 INSC 1275Appeal(s) allowed

The appellant, Sachioa Nano Lal (also known as Sachioa Nano Shah), challenged the compensation awarded in a land acquisition proceeding under the Land Acquisition Act, 1894. After a reference court fixed compensation, the appellant obtained a partial enhancement of the 'ka' category land from a …

RADHEY SHYAM GUPTAversusPUNJAB NATIONAL BANK & ANR.

2008 INSC 1238Appeal(s) allowed

The appellant, a guarantor, challenged the attachment of his fixed deposit receipts, which were created from his pension and gratuity, by the executing court in a suit filed by the bank to recover a loan. The trial court had decreed that the bank could recover the debt by first auctioning the …

RAJESH BURMANNversusMITUL CHATTERJEE (BURMAN)

2008 INSC 1240Dismissed

The husband appealed against a High Court order directing him to reimburse his wife’s medical expenses incurred after she fell down the stairs. The wife had filed an application under Section 151 of the CPC in a pending matrimonial suit under the Special Marriage Act, 1954, seeking medical …

M/S. HANU MOTEL PVT. LTD. & ORS .versusU.P. FINANCIAL CORPORATION LTD. & ANR.

2008 INSC 1221Appeal(s) allowed

M/s Hanu Motel Pvt. Ltd. entered into a loan agreement with U.P. Financial Corporation which was later cancelled and a demand notice issued. The company filed a suit in 2001, naming itself and its director Ram Raj Singh as plaintiffs, and obtained an interim injunction. During the appeal, the …

RIKHABSAO NATHUSAO JAINversusCORPN. OF THE CITY OF NAGPUR & ORS.

2008 INSC 1212Appeal(s) allowed

The appellant, a neighbour of respondent No.2, sought a mandatory injunction against the Nagpur Corporation and respondent No.2 to stop unauthorised construction and to prevent the corporation from granting any building‑plan sanction. The District Judge, invoking Section 286(5) of the City of Nagpur …

NOHARLAL VERMAversusDISTRICT CO-OPERATIVE CENTRAL BANK LIMITED, JAGDALPUR

2008 INSC 1183Dismissed

Noharlal Verma, a manager of District Co‑operative Central Bank Ltd., Jagdalpur, was removed from service on 29 April 1982 for alleged financial irregularities. He filed a departmental appeal and subsequently an application under Section 55 of the Madhya Pradesh Co‑operative Societies Act, 1960 on …

THREE CHEERS ENTERTAINMENT PVT. LTD. & ORS.versusC.E.S.C. LTD.

2008 INSC 1184Appeal(s) allowed

Three Cheers Entertainment Pvt. Ltd. and others produced a television programme alleging illegal acts by Calcutta Electricity Supply Company Ltd. (CESC), leading CESC to file a defamation suit and obtain an interim injunction restraining further telecasts. The High Court, while confirming the …

THE SECRETARY, DEPARTMENT OF HORTICULTURE, CHANDIGARH & ANR.versusRAGHU RAJ

2008 INSC 1170Appeal(s) allowed

The Secretary, Department of Horticulture, Chandigarh filed a second appeal under Section 100 of the CPC against a decree reinstating workman Raghu Raj, which had been admitted in 1980 and remained pending for decades. In 2006 the Punjab and Haryana High Court dismissed the appeal on its merits …

BABULAL KHANDELWAL & ORS.versusBALKRISHAN D. SANGHVI & ORS.

2008 INSC 1164Dismissed

Respondent No.1 filed an administration suit to administer the intestate estate of his deceased parents. During the suit he sought to amend the plaint to implead the appellants, alleging that two properties had been alienated to a company and to the appellants during the parents' lifetimes. The …

VANIYANKANDY BHASKARANversusMOOLIYIL PADINHJAREKANDY SHEELA

2008 INSC 1146Dismissed

The respondent obtained a decree for possession of a suit property in 1990, which was later enforced through execution proceedings in 2004. The appellant, after the execution commenced, filed a suit for specific performance of an alleged oral agreement and sought an injunction to stay the eviction. …

DHARAM SINGHversusKARNAIL SINGH AND ORS.

2008 INSC 1139Disposed off

Dharam Singh filed a suit seeking a declaration of ownership of a property and restraining the defendants from transferring it. The trial court and the first appellate court decreed in his favour, but the High Court, on a second appeal filed by the defendants under Section 100 of the Code of Civil …

SOUTHERN SALES & SERVICES & ORS.versusSAUERMILCH DESIGN & HANDELS GMBH

2008 INSC 1121Dismissed

The respondent filed a suit under Order 37 of the Code of Civil Procedure, 1908 for recovery of Euro 757,885.42. The defendant raised triable issues and admitted part of the claim; the trial court gave unconditional leave to defend. The Karnataka High Court modified this to conditional leave, …

RAM KUMAR AND ANR.versusSTATE OF RAJASTHAN AND ORS.

2008 INSC 1099Case Partly allowed

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

DURGESH SHARMAversusJAYSHREE

2008 INSC 1096Disposed off

The husband filed a divorce petition under the Hindu Marriage Act in the Family Court at Ujjain. The wife applied to the Madhya Pradesh High Court under Section 23 of the Code of Civil Procedure (CPC) to have the case transferred to a court in Malegaon, Maharashtra, and the High Court ordered the …

NAREN CHANDRA NASKARversusARUN BHATTACHARYA & ORS.

2008 INSC 1086Case Partly allowed

The appellant, Naren Chandra Naskar, challenged the registration of his sale deed, alleging forgery, after a criminal complaint was filed by the District Registrar. Both his deed and the respondent's deed were recorded with identical registration details, prompting the Calcutta High Court to order …

HEMAJI WAGHAJI JATversusBHIKHABHAI KHENGARBHAI HARIJAN & OTHERS

2008 INSC 1075Dismissed

Hemaji Wagahaji Jat filed a suit seeking a permanent injunction and declaration of ownership of land in Yavarpura, claiming title by adverse possession. The trial court erroneously held that he had acquired ownership through adverse possession and decreed in his favour. The District Judge and the …

BANK OF INDIAversusM/S MEHTA BROTHERS & ORS.

2008 INSC 1079Appeal(s) allowed

The Bank of India sued Mehta Brothers (defendants 1‑5) and Deutsche Bank (defendant 6) for breach of an irrevocable Letter of Credit. The trial court passed an ex‑parte decree against defendant 6 and dismissed the suit against defendants 1‑5. Defendant 6 filed an application under Order 9 Rule 13 of …

BACHHAJ NAHARversusNILIMA MANDAL & ANR.

2008 INSC 1072Appeal(s) allowed

The plaintiffs filed a suit for declaration of title, possession and injunction over a narrow strip of land, claiming it formed part of their property purchased in 1962. The trial court held the strip was part of the plaintiffs' land and ordered the defendant to pay a nominal sum for the encroached …

SOUTH KONKAN DISTILLERIES & ANR.versusPRABHAKAR GAJANAN NAIK & ORS.

2008 INSC 1026Dismissed

In a suit for dissolution of a partnership, the defendants filed a written statement on 17 June 1987 with a counter‑claim of Rs.52 lakhs. Thirteen and a half years later, in 2000, they sought to amend the written statement and increase the claim to Rs.8.53 crore, alleging daily losses of Rs.20,000 …

K. VILASINI & ORS.versusEDWIN PERIERA & ORS.

2008 INSC 994Dismissed

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

ABDUL GAFUR AND ANR.versusSTATE OF UTTARAKHAND AND ORS.

2008 INSC 921Appeal(s) allowed

The State of Uttarakhand acquired land for a public road to a hospital under the Land Acquisition Act, 1894. The original owner later gifted part of the land to the appellants, who sued the hospital for a perpetual injunction to prevent it from erecting walls that would block the road. The trial …

M/S. GAIL (I) LTD.versusBAL KISHAN AGARWAL GLASS INDUSTRIES LTD.

2008 INSC 915Disposed off

GAIL (I) Ltd. entered into a gas‑supply agreement with Bal Kishan Agarwal Glass Industries Ltd., but the gas meter was repeatedly found tampered, leading to successive disconnections. The respondent filed a civil suit seeking reconnection of gas without any payment or security, even though …

KURELLA NAGA DRUVA VUDAYA BHASKARA RAOversusGALLA JANI KAMMA ALIAS NACHARAMMA

2008 INSC 902Dismissed

The plaintiff, who bought agricultural land in 1957, leased it to the defendant in 1971. After the defendant stopped paying rent in 1979, the plaintiff sued for possession and mesne profits, alleging the defendant was a trespasser. The defendant denied being a tenant and claimed ownership by adverse …