Code of Civil Procedure, 1908

GULBARGA UNIVERSITYversusMALLIKARJUN S. KODAGALI AND ANR.

NUNE PRASAD AND ORS.versusNUNE RAMAKRISHNA

The appellant-plaintiffs Nune Prasad & Ors filed a suit asserting ownership of a property. The trial court and the first appellate court upheld their claim. The defendant filed a second appeal under Section 100 of the Code of Civil Procedure before the High Court, which set aside the lower judgments …

A.K. JAINversusPREM KUMAR

A.K. Jain, a landlord, filed an eviction suit against tenant Prem Kumar under Section 13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, claiming personal necessity for himself, his wife, son, daughter and later, his son’s wife, grandchildren and his own retirement. The Rent …

PATEL RAJNIKANT DHULABHAI & ANR.versusPATEL CHANDRAKANT DHULABHAI & ORS

The petitioners alleged that the respondents, who were parties to a family property dispute, sold and transferred portions of the disputed land and allowed construction despite two interim orders of this Court dated 26‑April‑2004 and 10‑January‑2005 that prohibited any creation of third‑party …

DAMARA VENKATA MURALI KRISHNA RAOversusGURUJUPALLI SATVATHAMMA

The plaintiff filed a suit for recovery of money based on a promissory note. The defendant contended that he had discharged the debt by making payments evidenced by receipts (Exhibits B‑1 to B‑12) issued to the plaintiff’s son, who was later examined as a witness and denied his signatures on those …

GAURI SHANKAR PRASAD AND ORSversusBRAHMA NAND SINGH

The appellants, Gauri Shankar Prasad and others, needed money and mortgaged their land to the respondent, Brahma Nano Singh, executing a sale deed and a separate deed of agreement to reconvey the land upon repayment of Rs.36,600. The agreement stipulated that reconveyance must occur within three …

PERYMON BHAGBATHYversusBHARGAVI AMMA (DEAD) BY LRS. AND ORS.

The appellant, Perymon Bhagabathy (a devaswom), sought to set aside the abatement of a second appeal after the sole plaintiff, Bhargavi Amma, died during the pendency of the appeal. The High Court dismissed the appellant's applications to condone the delay, set aside the abatement, and bring the …

FCS SOFTWARE SOLUTIONS LTD.versusLA MEDICAL DEVICES LTD. & ORS.

The appellant, FCS Software Solutions Ltd., won the highest bid of Rs 1.47 crore for the immovable and movable assets of the liquidated company but the Official Liquidator failed to hand over possession despite the appellant’s full payment. The Official Liquidator later claimed a higher offer of Rs …

RAMESH CHANDRA SANKLA ETC.versusVIKRAM CEMENT ETC.

G. RAMAversusT.G. SESHAGIRI RAO (D) BY LRS.

The suit property was a house jointly purchased in 1963 by T.G. Seshagiri Rao and his uncle T.K. Vasudeva Murthy. The uncle later relinquished his interest to Rao by a release deed in 1989, making Rao the absolute owner. After the death of her husband (Vasudeva Murthy's son), the appellant, G. Rama, …

THE STATE OF WEST BENGAL AND OTHERSversusKAMAL SENGUPTA AND ANOTHER

The State of West Bengal appealed against a West Bengal Administrative Tribunal order that granted higher pay scales to two officers, Kamal Sengupta and another, after a review application was allowed. The respondents contended that the Tribunal had no jurisdiction to review its own order on the …

PUNJAB STATE ELECTRICITY BOARD LTD.versusJAGDEV SINGH AND ORS.

The respondents, Jagdev Singh and others, filed a suit seeking promotion as Assistant Engineer (Electrical) after their juniors were promoted on 23 May 1991, claiming they had qualified earlier. The trial court dismissed the suit, but the First Appellate Court held the respondents were entitled to …

YUNUS ALI (DEAD) THROUGH HIS L.RS.versusKHURSHEED AKRAM

The appellant, the legal representatives of the deceased landlord Yunus Ali, sued tenant Khursheed Akram for arrears of rent and sought a provisional rent determination under Section 13(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. Both the trial court and the first appellate …

BIKOBA DEORA GAIKWAD & ORS.versusHIRABAI MARUTIRAO GHORGARE

The parties were involved in a partition suit filed in 1969, which resulted in a decree on 27 June 1975 declaring each party's one‑third share and directing that the partition be effected by the Collector under Section 54 of the Code of Civil Procedure. The trial court failed to send the decree to …

SWAMI SHANKARANANDversusMAHANT SRI SADGURU SARNANAND ETC. & ORS

The case concerned an application under Section 92(1)(f) of the Code of Civil Procedure for sanction to sell a piece of land belonging to a religious public trust (Garhwaghat Math). The District Judge granted the sanction, after which Swami Shankaranand, a disciple and in‑charge of another Math, …

SUDARSHA AVASTHIversusSHIV PAL SINGH

The appellant, Sudarsha Avasthi, filed Election Petition No. 3 of 2002 challenging the election of Shiv Pal Singh to the Uttar Pradesh Legislative Council on alleged corrupt practices, including bribery to his brother and other candidates and undue influence on the Assistant Returning Officer. The …

RANGANAYAKAMMA AND ANOTHERversusK.S. PRAKASH (D) BY L.RS. AND OTHERS

The case involved two sisters who challenged a 1983 deed of partition and relinquishment of their rights in family properties in favour of their brothers, alleging fraud and lack of consideration. The lower courts had held that the properties were joint family assets, the partition was a family …

BANK OF INDIAversusKETAN PAREKH & ORS.

Bank of India appealed against a decision that the Debts Recovery Tribunal lacked jurisdiction over the property of Ketan Parekh, who had been declared a notified person under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992. Parekh's movable and immovable …

FAQRUDDIN (DEAD) THROUGH L.RS.versusTAJUDDIN (DEAD) THROUGH L.RS.

The case concerned a dispute over the succession to the offices of Sajjadanashin (spiritual head) and Mutawalli (manager of secular property) of a Dargah originally granted by the ruler of Jaipur. The plaintiff, Faqruddin (deceased), claimed that he became the rightful Sajjadanashin and Mutawalli …

MUNICIPAL CORPORATION, HYDERABADversusSUNDER SINGH

The respondent Sunder Singh filed a suit against the Municipal Corporation of Hyderabad seeking a permanent injunction and an order to render accounts for a purported wrongful auction of his property. An interlocutory application to adduce secondary evidence was dismissed and the suit was …

DABUR INDIA LTD.versusK.R. INDUSTRIES

Dabur India Ltd., the maker of "Dabur Red Tooth Powder", sued K.R. Industries for copyright infringement of its packaging and for passing off. The Delhi High Court dismissed the suit on the ground that it lacked territorial jurisdiction over the passing‑off claim, relying on the Dhodha House …

STATE OF U.P. & ORS.versusM/S. SWADESHI POLYTEX LTD. & ORS.

Swadeshi Polytex Ltd., a sick company unable to pay employee wages, was subjected to attachment and auction of its property under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The company challenged the sale, arguing that the sale proclamation and auction notice were not served …

K. RAGHUNANDAN AND ORS.versusALI HUSSAIN SABIR AND ORS.

The appellants and respondents, who were neighbours, disputed the status of an 80‑yard passage. The original suit for perpetual injunction ended in a compromise decree that allegedly granted the appellants exclusive rights over the passage, which was shown as a public road in municipal plans. The …

ARJAN SINGHversusPUNIT AHLUWALIA & ORS.

Arjan Singh filed a suit for specific performance of a contract concerning a Chandigarh property and obtained an interim injunction that was extended up to 16 October 1996. A second suit was filed by Sanjeev Sharma against the same owner, Dr. Bawa, and the parties entered into a compromise on 19 …

RAJKUMAR GURAWARA (DEAD) THR. L.RS.versusM/S S.K. SARWAGI & CO. PVT. LTD. & ANR.

The appellant, Rajkumar Gurwara (deceased) thr. LRs, filed a suit seeking a declaration of his exclusive right to mine a parcel of land. After the evidence was closed, the second defendant, M/s S.K. Sarwagi & Co. Pvt. Ltd., was impleaded, and the appellant then applied under Order VI Rule 17 of the …

RABINDRA SINGHversusFINANCIAL COMMISSIONER, COOPERATION, PUNJAB AND OTHERS

The appellant, Rabindra Singh, who had been residing in the United States for over 25 years, was decreed ex‑parte in a partition suit filed by his brother without ever being served notice, despite the plaintiff’s knowledge of his correct address. He filed an application under Order IX Rule 13 read …

UNITED INDIA INSURANCE CO. LTD.versusAJAY SINHA AND ANOTHER

The respondents, owners of insured goods, claimed insurance reimbursement after a burglary, which the insurer denied. The dispute was taken to the Permanent Lok Adalat (PLA) under the Legal Services Authorities Act, 1987, despite a pending criminal case for the alleged non‑compoundable offence of …

DADU DAYALU MAHASABHA, JAIPUR (TRUST)versusMAHANT RAM NIWAS AND ANOTHER

The Dadu Dayalu Mahasabha, a registered public trust, and Mahant Ram Niwas were involved in a long series of suits concerning the entitlement and management of a religious Gaddi. The Supreme Court, in the first round of litigation, held that the respondent was not entitled to the Gaddi and granted …

STATE OF M.P. AND ANR.versusANSHUMAN SHUKLA

The State of Madhya Pradesh filed a revision application before the High Court under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, but the application was 80 days late. The issue was whether Section 5 of the Limitation Act, 1963, which allows condonation of delay, applies …

R.K.SHUKLAversusSUDHRIST NARAIN ANAND (DEAD) BY L.RS.

The appellant, R.K. Shukla, obtained an allotment of a premises after the Rent Control & Eviction Officer (RC&EO) declared it vacant, despite the landlord Sudhrist Narain Anand (deceased) asserting physical occupation. The landlord challenged the allotment and the vacancy declaration in a writ …

LACHHMAN SINGH (DECEASED) THROUGH LEGAL REPRESENTATIVES & ORS.versusHAZARA SINGH (DECEASED) THROUGH LEGAL REPRESENTATIVES & ORS.

The appellant sought a decree for redemption of a mortgage whose deed was registered in 1913, but the exact execution date was unknown. The suit was filed on 30 December 1970 and was dismissed by the trial court and first appellate court as barred by limitation. The High Court reversed, holding that …

C.K. PRAHALADA & ORS.versusSTATE OF KARNATAKA & ORS.

The appellant sought the return of articles seized by a hospital after the death of his brother, but the hospital required a succession certificate. A succession certificate was issued in the appellant's favour, yet the hospital did not return the articles. The appellant filed a suit, which was …

JALADI SUGUNA (DECEASED) THROUGH LRS.versusSATYA SAI CENTRAL TRUST & ORS.

In a civil suit, Jaladi Suguna obtained a decree declaring a gift deed void. The Trust appealed, but Suguna died during the pendency of the appeal. The High Court proceeded to hear the appeal and, after hearing rival claims to her estate, set aside the decree in favour of the Trust without first …

M.V. JANARDHAN REDDYversusVIJAYA BANK & ANR.

The appellant, M.V. Janardhan Reddy, purchased a property of a company in liquidation at a public auction. The sale was to be confirmed by the Company Court, but the Recovery Officer of the Debt Recovery Tribunal confirmed it without court approval. The Company Court later set aside the sale, a …

STATE BANK OF INDIA AND ORS.versusS.N. GOYAL

The case involved S.N. Goyal, a Branch Manager of State Bank of India, who was found guilty of temporarily misappropriating customers' funds. The disciplinary authority first recommended a reduction in pay, which the appointing authority tentatively approved but did not communicate. After consulting …

MAN SINGHversusSTATE OF HARYANA & ORS.

The appellant, a Sub‑Inspector, was punished for dereliction of duty after a Head Constable under his charge was caught transporting liquor in a government vehicle. While the Head Constable was later exonerated in criminal court and his departmental punishment set aside, the appellant's punishment …

MAHANT DOOJ DAS (DEAD) THROUGH LR.versusUDASIN PANCHAYATI BARA AKHARA & ANR.

The plaintiff, Mahant Dooj Das (deceased) through legal representatives, sued to declare title and cancel a sale deed concerning lands he claimed as heir and successor of Mahant Tahal Dass. The defendants argued that the lands were agricultural areas demarcated under the Uttar Pradesh Urban Areas …

MANDALI RANGANNA & ORS. ETC.versusT. RAMACHANDRA & ORS.

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

JAGMOHAN SINGHversusSTATE OF PUNJAB & ORS.

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

SHRI RAM CHANDRA MISSION & ANR.versusP. RAJAGOPALACHARI & ORS.

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

RAJASTHAN SRTC & ORSversusMOHAR SINGH

The Rajasthan State Roadways Transport Corporation, a statutory corporation created under the Road Corporation Act, 1951, dismissed driver Mohar Singh for alleged misconduct and the dismissal was upheld by its appellate authority. Singh filed a civil suit in the Additional Munsif Court challenging …

WILLIAMSversusLOURDUSAMY & ANR.

The appellant, Williams, claimed title to a parcel of land based on a registered deed of sale from respondent No.2. Respondent No.1 sued for a permanent injunction, asserting ownership through an oral agreement of sale with respondent No.2, but respondent No.2 was not impleaded. The trial court …

AFAQ HUSAINversusUPSRTC & ANR.

Afaq Husain, a conductor appointed on an ad‑hoc, daily‑wager basis by the U.P. State Road Transport Corporation, was given a three‑month contract in 1976 and terminated thereafter with one month’s notice pay. He raised an industrial dispute in 1982; the Labour Court, assuming continuous service from …

ASHUTOSH CHATURVEDIversusPRANO DEVI @ PARANI DEVI & ORS.

The predecessor of the appellant filed a suit on 21 May 1990 for declaration of title, possession and setting aside a sale deed. During the pendency, two further sale deeds were executed, and an interim order of status quo was granted. Thirteen years later, on 11 June 2003, the appellant sought to …

AHMADASAHAB ABDUL MULLA (D) BY PROPOSED LRS.versusBIBIJAN & ORS.

The respondents filed a suit for specific performance of an agreement of sale, which the trial court decreed in their favour. The first appellate court dismissed the decree on the ground of limitation, holding that the pendency of a separate suit filed by the defendant's wife and children did not …

WAHEED BAIGversusSANGI LAKSHMAMMA & ORS.

The plaintiff sought specific performance of an agreement of sale of a house that had been allotted to the defendant under a subsidised industrial housing scheme. The defendant was merely a lessee and had no title to sell the property, which vested in the Government. The trial court decreed specific …

KAMLESH BABU AND ORS.versusLAJPAT RAI SHARMA AND ORS.

The dispute arose from a registered Will dated 5 August 1972 that mutated property in favour of the appellants. Respondent No.1 filed a suit alleging the Will was procured by fraud; the trial court dismissed the suit and held it barred by limitation under Article 59 of the Limitation Act, 1963. The …

JITENDRA SINGHversusBHANU KUMAR & ORS.

The appellant Jitendra Singh filed an application under Section 24 of the Code of Civil Procedure seeking transfer of a civil suit pending before the Additional District Judge, Alwar, to another court. The Rajasthan High Court ordered the transfer of the suit to the District Judge, Jaipur, relying …

NORTH EASTERN RAILWAY ADMINISTRATION, GORAKHPURversusBHAGWAN DAS (D) BY LRS.

The respondent filed a suit for a perpetual injunction to protect his possession of land, which the trial court decreed in his favour, holding him to be the Bhumidhar. The appellant, North Eastern Railway Administration, appealed and claimed that the decree was obtained by fraud, asserting that the …

M.R. SATWAJI RAO (D) BY L.RS.versusB. SHAMA RAO (DEAD) BY L.RS. & ORS.

The appellant mortgagee had taken a usufructuary mortgage on a property in 1948, allowing the mortgagor to remain in possession as a tenant. When the mortgagor defaulted on rent, the mortgagee obtained a money decree for arrears of rent and, in execution, purchased the property at a public auction …

SHRI RAMESHWAR PRASAD (D) BY LRS,versusSHRI BASANTI LAL

Rameshwar Prasad filed a suit for specific performance of a sale agreement, which the trial court granted. The respondent Basanti Lal appealed, and the Madhya Pradesh High Court set aside the decree, holding that the plaintiff had not pleaded or proved his readiness to pay interest, a term of the …

REENA SADHversusANJANA ENTERPRISES

The appellant, a third defendant, challenged an ex parte decree in a recovery suit that had been transferred from the Delhi High Court to an Additional District Judge due to enhanced pecuniary jurisdiction. The transfer was ordered under Rule 6 Chapter 13 of the Delhi High Court Rules, which …

SEENIVASANversusPETER JEBARAJ & ANR.

The appellant filed a suit for specific performance of a sale and later sought to implead a third party, SA, who had already purchased the suit property. SA subsequently sold the property to the respondents, and an ex‑parte decree was passed against the appellant before SA was served with summons. …

M/S CONSOLIDATED ENGG. ENTERPRISESversusPRINCIPAL SECY. IRRIGATION DEPTT. & ORS.

The Supreme Court examined whether Section 14 of the Limitation Act, 1963, which excludes time spent prosecuting a proceeding in a wrong court, applies to an application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award. It held that while Section 5 …

M/S. MAHAKAL AUTOMOBILES & ANR.versusKISHAN SWAROOP SHARMA

The plaintiff sold a 7200 sq.ft. land to the appellants who paid only part of the consideration, leading to a suit for recovery of the balance. The trial court issued a preliminary decree under Order XII Rule 6 CPC ordering payment and allowing execution by sale of the charged property. During …

ZOLBAversusKESHAO AND ORS.

The appellant, a defendant in a partition suit, failed to file his written statement within the 30‑day period and beyond the 90‑day limit prescribed by Order 8 Rule 1 of the CPC because his counsel advised him to wait for the outcome of a pending appeal and the case files were not available. Both …

KRISHNA KUMAR BIRLAversusRAJENDRA SINGH LODHA AND OTHERS

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

KANAGAVALLIAMMAL AND ORSversusR. BALASUBRAMANIAN

A decree dated 22 April 1983 led to a series of execution petitions. The earlier petitions (EP No.19 of 1984, EP No.101 of 1984, EP No.369 of 1986) were dismissed, and an application to restore EP No.369 (EA No.238 of 1994) was also dismissed as not pressed. A fresh execution petition (EP No.177 of …

ANATHULA SUDHAKARversusP. BUCHI REDDY (DEAD) BY LRS. & ORS.

The plaintiffs filed a suit for a permanent injunction to restrain the defendant from interfering with their possession of two vacant plots, claiming ownership based on sale deeds from a vendor. The defendant contested the title, asserting purchase from the original owner and denying an alleged oral …

CORPORATION OF CITY OF BANGALOREversusZULEKHA BL & ORS.

The Corporation of Bangalore filed a suit against Zulekha B.I. and others claiming title over a disputed property. Zulekha asserted that she had purchased the land from M.N. Rudrappa and sought a declaration of ownership and an injunction against interference. The trial court dismissed her suit; the …

USHA SINHAversusDINA RAM & ORS.

The respondent obtained an ex‑parte decree in a title suit (No. 140 of 1999) against several defendants. During the pendency of that suit, two of the defendants sold their shares to the appellant, Usha Sinha, by a registered deed. The decree‑holder filed an execution petition, and the appellant …

GURDIAL KAUR (D) THROUGH LRS.versusPIARA SINGH (D) THROUGH LRS.

The plaintiff entered into a 1964 agreement of sale with the vendor, paid half the price and sought specific performance after the vendor failed to appear for registration and later died. Subsequent consolidation altered the revenue survey (Khasra/Khewat) numbers of the land, leading the trial court …

LIC OF INDIAversusR. SURESH

R. Suresh, a Development Officer of the Life Insurance Corporation of India (LIC), was dismissed after a departmental enquiry found him guilty of negligence, though he was cleared of breach of trust and forgery. He raised an industrial dispute before an Industrial Tribunal under s.11A of the …

KANCHERLA LAKSHMINARAYANAversusMATTAPARTHI SYAMALA AND ORS.

The appellant entered into an agreement of sale for 14 acres with the second respondent but the sale deed was never executed, prompting the appellant to file a suit for specific performance (OS No.31 of 2000). The first respondent, the wife of the second respondent, obtained a maintenance decree …

BOLLEPANDA P. POONACHA AND ANR.versusK.M. MADAPA

The appellants filed a suit for title and possession of land in 1997. The respondent filed a written statement and, in 2006, sought to amend it to include a counter‑claim alleging a right to the same land, claiming the cause of action arose in 1998 after the written statement was filed. The trial …

CHANDER KANTA BANSALversusRAJINDER SINGH ANAND

The appellant, Chander Kanta Bansal, sought to amend her written statement 18 years after a 1986 suit for a right of passage was filed, invoking Order VI Rule 17 of the CPC to introduce a 1982 partition agreement. The trial court allowed the amendment, but the Delhi High Court set aside that order, …

MAHANT RAM KHILAWAN DASversusSTATE OF M.P.

Mahant Ram Khilawan Das, a temple manager, claimed title to a temple and adjoining agricultural lands bequeathed by his guru and filed a suit for declaration of title and permanent injunction against the State of Madhya Pradesh. The trial court dismissed the suit, but the Additional District Judge …

MAHABOOBversusMAKTUMSAB

Mahaboob filed a suit seeking a declaration that he owned 7 acres and 10 guntas of land inherited by his father in a 1973 partition. The defendant argued that Mahaboob had overstated the area, claiming only 7 acres. The trial court, after evaluating oral and documentary evidence, decreed in …

GAUTAM SARUPversusLEELA JETLY AND ORS.

Gautam Sarup filed a suit to declare his title to property bequeathed to him by a will and to obtain a permanent injunction. Respondent No.6, Leela Jetly, initially filed a written statement admitting the plaintiff's claims, but later denied having signed that statement and sought to withdraw it by …

TANUSREE BASU & ORS.versusISHANI PRASAD BASU & ORS.

The appellants and respondents were co‑owners of undivided property and had entered into a development agreement that allotted three separate flats (Nos. 201, 202 and 301) to each party by mutual adjustment. The appellants filed a suit for partition and sought an interim injunction to restrain the …

GANPATBHAI MAHIJIBHAI SOLANKIversusSTATE OF GUJARAT & ORS.

The appellants, original owners of land declared surplus under the Urban Land Ceiling Act, 1976, challenged the allotment of that land to weaker sections. An earlier appeal against the surplus declaration was dismissed in 1988, but the appellants later filed another appeal in 1995, suppressing the …

KASHMIR SINGHversusHARNAM SINGH & ANR.

The Supreme Court examined a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, by Kashmir Singh against Harnam Singh & Anr. The High Court had allowed the appeal without formulating any substantial question of law, contrary to the statutory requirement. The Court clarified …

RAVI PRAKASH AGARWAL & ORS.versusRAJESH PRASAD AGARWAL & ORS.

The appellants filed suit No. 445 of 1999 seeking a declaration that a sale deed executed by respondent No.1 in favour of respondent No.3 was void and permanent injunctions to prevent dispossession, sale or letting of the disputed property. The trial court granted an ex‑parte injunction, which was …

PURAN RAMversusBHAGURAM AND ANR.

Puran Ram purchased agricultural land from Bhaguram but the sale deed was never executed. The agreement mistakenly described the land as Chak No. 3 SSM instead of Chak No. 3 SLM. In the suit for specific performance, the plaintiff sought to amend both the plaint and the agreement to correct this …

VIDYODAYA TRUSTversusMOHAN PRASAD R & ORS.

The Vidyodaya Trust filed a petition under Section 34 of the Indian Trust Act, 1882 challenging the administration of the trust, which was dismissed by the trial court. The respondents then sought leave to file a suit under Section 92 of the Code of Civil Procedure, 1908, which was granted by the …

UMESH CHALLIYILversusK.P. RAJENDRAN

Umesh Challiyil filed an election petition under the Representation of the People Act, 1951 alleging corrupt practices by the elected candidate K.P. Rajendran. The Kerala High Court dismissed the petition on preliminary objections, holding that the verification in the petition and the affirmation in …

PUNJAB STATE AND ORS.versusHARVINDER SINGH

Harvinder Singh, a decree‑holder, applied during execution for interest on the decree amount, although the decree was silent on interest. The trial court allowed 12% interest, a decision upheld by the High Court. The Supreme Court set aside those orders, holding that an executing court lacks …

K.V. RAMI REDDIversusPREMA

The respondent filed a suit for specific performance which was decided by a Seventh Assistant City Civil Judge on 24 March 1999. The judge recorded only an endorsement in the docket and did not fully dictate the judgment before signing, with the operative portion being dictated the next day. The …

N. SRIHARI (D) THROUGH LRS. & ORS.versusN. PRAKASH & ORS.

The case concerned a dispute over land bequeathed by N. Saya Goud in a will dated 2 January 1956. The plaintiffs claimed title based on that earliest will, while the defendants argued that the original will had not been produced before the trial court and the High Court, which relied on secondary …

N. SRIHARI (D) THROUGH LRS. & ORS.versusN. PRAKASH & ORS.

The case concerned a dispute over land bequeathed by N. Saya Goud in a will dated 2 January 1956. The plaintiffs claimed title based on that earliest will, while the defendants argued that the original will had not been produced before the trial court and the High Court, which relied on secondary …

BRIJ NARAIN SINGHversusADYA PRASAD (DEAD) AND ORS.

The case involved four separate suits (nos. 97‑100) concerning lands in four villages, all filed under Section 49 of the U.P. Tenancy Act, 1939. A common judgment was delivered, after which the judgment in suit no. 98 attained finality, while appeals against the common judgment in suits 99 and 100 …

JAGADEESH & ANR.versusSTATE OF KARNATAKA & ORS.

The appellants, Jagadeesh and others, claimed tenancy and occupancy rights over a scheduled agricultural land and filed Form‑7 before the Karnataka Land Tribunal. The Tribunal and the Appellate Authority granted occupancy rights, but the High Court, exercising revisional jurisdiction under Section …

BOKKA SUBBA RAOversusKUKKALA BALAKRISHNA & ORS.

The plaintiffs‑respondents filed a suit seeking a declaration of ownership of a specific property and a perpetual injunction. The trial court dismissed the suit and the decision was upheld on appeal. The High Court, however, in a second appeal, reversed the lower courts and decreed in favour of the …

M. PURNACHANDER RAOversusSRI NAWAB MAZAHARUDDIN KHAN (D) THR. L.RS. & ORS.

The appellant, a bona‑fide purchaser of agricultural land in Raidurg, relied on a chain of title tracing back to the original estate holder. A suit filed in 1958 resulted in a preliminary decree that excluded certain items (including the appellant's land) from distribution because they were under …

B.K. SRI HARSHA (D) BY L.R. & ANR.versusM/S BHARATH HEAVY ELECTRICALS LTD

MIS Bharath Heavy Electricals Ltd filed two suits for specific performance of contracts for sale of certain properties against the appellants, B.K. Sri Harsha and others. The trial court held that the respondent was in adverse possession, ready to perform, and that the agreements were valid and …

SRI THIMMAIAHversusSHABIRA AND ORS.

The plaintiffs (respondent No.1 and No.2) purchased land (site 43) from respondent No.3 and, while demolishing a temporary structure, were interfered with by the appellant (defendant No.1) who attempted to encroach on the property. The plaintiffs filed a suit for a permanent injunction to restrain …

BARKAT ALI & ANR.versusBADRI NARAIN (D) BY LRS.

The decree holder obtained a decree against the judgment debtor in a mortgage suit and filed successive execution applications. In the latest execution, after notice and adjournments, the court found no objections and ordered attachment of property under Order XXI Rule 22, proceeding to issue a …

SHRI V.J. THOMASversusSHRI PATHROSE ABRAHAM & ORS.

V.J. Thomas filed a suit under Order 1 Rule 8 of the CPC for declaration of title, possession and an injunction against respondents 3‑5, publishing a notice under Order 1 Rule 10. The respondents did not appear and an ex‑parte decree was passed. In the execution proceedings, respondents 1 and 2, who …

VIMLESH KUMARI KULSHRESTHAversusSAMBHAJIRAO AND ANR.

Vimlesh Kumari Kulshrestha, a tenant of only a portion of a house, entered into an agreement of sale dated 1 April 1986 for the house she occupied. She filed a suit for specific performance (OS No. 228A/86) but the court noted non‑payment of proper court fees, prompting her to file a second suit (OS …

SMT. BACHAHAN DEVI & ANR.versusNAGAR NIGAM, GORAKHPUR & ANR.

The Supreme Court examined an appeal by the defendants challenging a High Court order that set aside a First Appellate Court's remand of a suit to the trial court under Order 41 Rule 25 of the Code of Civil Procedure, 1908. The key issue was the legal effect of the words "may" and "shall" appearing …

RAJENDRAN AND OTHERSversusSHANKAR SUNDARAM AND OTHERS

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

HARI PRASAD BHUYANversusDURGA PRASAD BHUYAN AND ORS.

The appellant sought to set aside an abatement and substitute the legal heirs of two deceased respondents in a decree, filing the application under Section 152 CPC after learning of the deaths on 26 June 2003. The High Court rejected the application, declaring the decree a nullity on the ground of …

B.P. AGARWAL AND ANR.versus~ DHANALAKSHMI BANK LTD: AND ORS.

The appellants filed an appeal against a money decree. The Kerala High Court, invoking Order XLI Rule 1(3) of the CPC, directed the appellants to deposit Rs.5,00,000 in the trial court even though no application for a stay of execution had been filed. The appellants contended that such a direction …

CHIEF ENGINEER, HYDEL PROJECT & ORS.versusRAVINDER NATH & ORS.

The respondents, who were work‑charge employees on the Anandpur Sahib Hydel Project, were terminated after the project’s completion under Rule 20(1) and Rule 3‑A of the Certified Standing Orders. They filed a civil suit seeking a declaration that the termination was illegal, reinstatement and …

BASAYYA I. MATHADversusRUDRAYYA S. MATHAD AND ORS.

The appellant, a tenant under the Karnataka Land Reforms Act, obtained occupancy rights to certain lands, while his brothers claimed a share and filed a suit for partition. The trial court and first appellate court dismissed the suit. The High Court, in a second appeal (RSA No. 105 of 1997), …

GANPATI MADHAV SAWANT (D) BY LRS.versusDATTUR MADHAV SAWANT

The appellants, heirs of the original defendants, filed a second appeal under Section 100 of the Code of Civil Procedure challenging a decree that granted mesne profit without a specific prayer for an inquiry under Order XX Rule 12. The Bombay High Court dismissed the appeal, holding that no …

OM PRAKASHversusSTATE OF U.P.

The appellant, a contractor, was caught unloading cast iron Grade‑I, defined as railway property, from a truck at a scrap yard. He claimed he was merely a laborer and not the owner, and sought reduction of his one‑year imprisonment, the minimum punishment prescribed under Section 3 of the Railway …

RAMAKRISHNA RAO (DEAD) BY LR.versusRAI MURARI

The appellant filed a suit for a permanent injunction to prevent the respondent from interfering with the appellant's peaceful possession of the suit land. The trial court dismissed the suit, the first appellate court allowed it, and the Karnataka High Court dismissed the second appeal, directing …

J.C. BUDHRAJAversusCHAIRMAN, ORISSA MINING CORPN. LTD. & ANR.

The contractor (N.C. Budhraja) completed excavation work for Orissa Mining Corp. Ltd. (OMC) and later claimed extra payment for work beyond the contract. OMC acknowledged pending claims in a letter dated 28‑Oct‑1978 and paid Rs.3,50,000 on 4‑Mar‑1980, after which the contractor invoked arbitration …

USHA DEVIversusRIJWAN AHAMD & ORS.

Usha Devi filed a suit for a permanent injunction over a parcel of land described in the plaint. The defendants objected to the description, and during a related miscellaneous proceeding the plaintiff’s husband affirmed the description. Two years later the plaintiff sought to amend the plaint to …

STATE OF U.P. & ORS.versusROSHAN SINGH (DEAD) BY LRS. & ORS.

The respondent's land was declared surplus under the U.P. Imposition of Ceiling on Land Holdings Act, 1954, but he failed to file an appeal under Section 12 of that Act. After about two years he filed an application under Section 151 of the Code of Civil Procedure, claiming that consolidation …

GAUDIYA MISSIONversusSHOBHA BOSE & ANR.

The Gaudiya Mission claimed that a will and codicil executed by its disciple, Kum. Uma Bose, in 1994 and 1996 respectively, vested her property in the Mission. After Uma's death, her sister Kum. Shobha Bose obtained a Letter of Administration and later filed a testamentary suit, which a Single Judge …

TULSA AND ORS.versusDURGHATIYA AND ORS.

The dispute concerned a joint ancestral property sold to L, who claimed to be the widow of R, while the respondents alleged she was merely a mistress. The trial court held that a presumption of a valid marriage existed because L and R had cohabited for decades and their children were married off by …

KULWINDER KAUR @ KULWINDER GURCHARAN SINGHversusKANDI FRIENDS EDUCATION TRUST AND ORS.

The Kandi Friends Education Trust filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking to transfer a civil suit from the Civil Judge, Ropar, to the Additional Civil Judge, Chandigarh. The High Court transferred the suit without recording any reasons, without considering …

BRAJENDRA SINGHversusSTATE OF M.P. AND ANR.

Mishri Bai, a crippled Hindu woman married to Padam Singh, lived separately from her husband and in 1970 claimed to have adopted Brajendra Singh, seeking to treat them as a joint family to retain excess agricultural land under the Madhya Pradesh Ceiling on Agricultural Holdings Act. The trial court …

LABH SINGH & ORS.versusBACHAN SINGH

Lash Singh and others filed a suit for pre‑emption of agricultural land, claiming a superior right as a co‑sharer under Section 15(1) of the Punjab Pre‑emption Act, 1913. The vendor, Singh Ram, had sold half of the land, part of which was owned jointly with his sister Angrezo, a female. The trial …

TOWN PLANNING MUNICIPAL COUNCILversusRAJAPPA & ANR.

The plaintiff, Rajappa, filed a suit claiming 3 acres 22 guntas of land as ancestral property. The municipal council defended that the land was designated as "Sega Local Fund" under the Karnataka Municipalities Act and that a mandatory notice under Section 284(1) had not been issued. The trial court …

K.S. KRISHNA SARMAversusKIFAYAT ALI

The plaintiff filed a suit for declaration of title and possession of agricultural land. During the suit, one of the defendants died and his daughter, a legal representative, was not initially impleaded. The trial court decreed in favour of the plaintiff, but the High Court set aside the decree, …

SUNIL PODDAR AND ORS.versusUNION BANK OF INDIA

The appellants, former directors and guarantors of Adhunik Detergent Ltd., were joined as defendants in a civil suit filed by Union Bank of India for recovery of a loan. They appeared in the civil court, filed a written statement and raised preliminary objections, but the suit was later transferred …

M/S. SIFY LTD.versusM/S. FIRST FLIGHT COURIERS LTD.

Sify Ltd., a network services provider, filed a summary suit under Order 37 Rule 2 of the CPC to recover unpaid dues from First Flight Couriers Ltd. The respondent sought unconditional leave to defend, but the Single Judge of the Bombay High Court granted conditional leave, requiring a deposit of Rs …

SONI DINESHBHAI MANILAL AND ORS.versusJAGJIVAN MULCHAND CHOKSHI

The dispute arose from the dissolution of a partnership firm where the parties' shares were determined by a decree. A Court Commissioner was appointed under Order XXVI Rule 11 of the CPC to examine the accounts, and his report was objected to by the appellants' father. The trial court rejected the …

DHARMARAJAN AND OTHERSversusVALLIAMMALAND ORS.

The plaintiff Muthuswamy Gounder sued for declaration and injunction claiming title to a land parcel based on a sale deed and alleged adverse possession of over 60 years. The defendants claimed ownership through purchase from members of the Iyer family and argued that the alleged occupants, K and …

GURUNATH MANOHAR PAVASKAR & ORSversusNAGESH SIDDAPPA NAVALGUND & ORS.

Gurunath Manohar Pavaskar and others sued Nagesh Siddappa Navalgund and others for permanent and mandatory injunction, alleging that the defendants had encroached upon land they claimed to own by deed of sale dated 7‑Nov‑1984. The trial court decreed the suit, and the Karnataka High Court upheld the …

LAXMAN PRASADversusPRODIGY ELECTRONICS LTD. AND ANR.

Prodigy Electronics Ltd., a Hong Kong company, employed Laxman Prasad as its India marketing manager. After resigning, Prasad allegedly breached the employment contract by soliciting customers, using the company's trade name at a Delhi trade fair, and registering a similar domain name. Prodigy filed …

M/S NOPANY INVESTMENTS (P) LTD.versusSANTOKH SINGH (HUF)

M/S NOPANY INVESTMENTS (P) Ltd., the landlord, sought eviction of SANTOKH SINGH (HUF) tenant. The junior HUF member, Jasraj Singh, filed the suit claiming to be the Karta despite the senior brother being alive but residing abroad and having executed a power of attorney. The Supreme Court held that …

BINDHA PRASAD & ORS.versusBHAN DATT (DEAD) BY L.RS.

The appeal concerned a sale deed executed by a tenant, Raghoram, who had deposited twenty times the land revenue to convert his sirdari rights into Bhumidhari rights under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The sale deed was executed on the same day as the deposit, but Raghoram …

BOGIDHOLA TEA AND TRADING CO. LTD. AND ANR.versusHIRA LAL SOMANI

The appellants, Bogidhola Tea and Trading Co. Ltd. and others, were contractually obliged to supply made tea for the 1984 and 1985 seasons but delivered only a fraction of the quantity. The respondent sued for the price of the remaining tea, and the defendants failed to appear despite service of …

DISTRICT BASIC EDUCATION OFFICERversusDHANANJAI KUMAR SHUKLA AND ANR.

The respondent was appointed headmaster of a recognised school despite being the son of the school's manager, which is prohibited by Rule 6 of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) Rules, 1978. The manager had taken temporary leave, but the Supreme Court held that this did …

S. BHAGIRATH AMMALversusPALANI ROMAN CATHOLIC MISSION

The Palani Roman Catholic Mission (landlord) leased a plot to S. Bhagirath Ammal (tenant) who erected a structure. After the lease expired, the Mission sought possession, and the tenant filed an application under Section 9 of the Madras City Tenants Protection Act, 1921 to purchase the land. While …

UNION OF INDIA & ANR.versusRANCHOD & ORS.

The Government of India acquired land for firing ranges and awarded compensation to landholders, who then sought a reference under Section 18 of the Land Acquisition Act, 1894. The Reference Court enhanced the compensation, but both the landholders and the Union of India appealed to the High Court. …

SARVA SHRAMIK SANGHATANA (K.V.) MUMBAIversusSTATE OF MAHARASHTRA AND OTHERS

Century Industries Textiles Ltd., after offering a Voluntary Retirement Scheme that left only 275 workers, filed an application under s.25‑0(1) of the Industrial Disputes Act, 1947 seeking permission to close its mill. The company later withdrew this application to pursue an amicable settlement …

KANNAN (DEAD) BY LRS. AND ORS.versusV.S. PANDURANGAM (DEAD) BY LRS. AND ORS.

The plaintiff filed a suit for declaration of title and possession of a residential property, which the trial court decreed in his favour. The defendant appealed and the first appellate court set aside the decree, holding that the defendant had acquired title by adverse possession. The plaintiff …

MANOHAR S/O SHANKAR NALE AND ORS.versusJAIPALSING S/O SHIVLALSING RAJPUT AND ORS.

Manohar and others appealed against a High Court order that allowed execution of a decree for possession of land, arguing that the execution petition filed on 10‑December‑2001 was barred by the 12‑year limitation period under Article 136 of the Limitation Act, 1963. The decree, passed in a second …

ABDUL RAHEEMversusTHE KARNATAKA ELECTRICITY BOARD AND ANR.

The appellant, Abdul Raheem (Karnataka Electricity Board), entered into a sale agreement for land with Respondent No.1, who later sued for specific performance alleging the appellant's failure to perform. The trial court dismissed the suit, and the first appellate court upheld the dismissal, finding …

RAMAN TECH. & PROCESS ENGG. CO. & ANR.versusSOLANKI TRADERS

Raman Tech & Process Engineering Co. sued Solanki Traders for Rs.99,200 for supplied material and sought security and attachment before judgment under Order 38 Rule 5 of the CPC, alleging dishonoured cheques and that the defendants were moving machinery to evade a decree. The trial court dismissed …

LUCKNOW DEVELOPMENT AUTHORITYversusKRISHNA GOPAL LAHOTI AND ORS.

The Lucknow Development Authority acquired a large tract of land for a housing scheme and the Special Land Acquisition Officer fixed its market value at Rs.2.20 per sq. ft., later increased to Rs.6 per sq. ft. by the acquisition tribunal after considering sale deeds of small plots. The landowners …

SMT. SEEMAversusASHWANI KUMAR

The Supreme Court revisited its earlier order of 14 February 2006 directing that all marriages in India be compulsorily registered. After hearing amicus curiae and examining compliance reports, the Court found that several states (Andhra Pradesh, Bihar, Chhattisgarh, Goa, Himachal Pradesh, …

RABINDRA KUMAR SHAW (DEAD) THR. LRS.versusMANICK LAL SHAW

The heirs of the deceased Rabindra Kumar Shaw filed a suit for declaration of title and a permanent injunction, and the trial court granted an interim status‑quo order. The defendant appealed, and the Calcutta High Court, without deciding the merits, dismissed the plaintiff's application for a …

PARAYYA ALLAYYA HITTALAMANIversusSRI PARAYYA GURULINGAYYA POOJARI AND ORS.

The hereditary priests of a Karnataka temple entered into a consent decree in the 1950s to settle their inheritance dispute over temple offerings. A later civil suit sought a share of perishable and non‑perishable offerings, and the trial court and first appellate court upheld the plaintiffs' claim …

NIYAMAT ALI MOLLAversusSONARGON HOUSING CO-OPERATIVE SOCIETY LTD. & ORS.

The respondent (Sonargon Housing Co‑operative Society Ltd.) obtained a decree for declaration and possession of a property, which was affirmed by the High Court and the Supreme Court. The respondent later applied to amend the plaint and the decree to correct blanks and misdescriptions in the …

KANWARJIT SINGH DHILLONversusHARDYAL SINGH DHILLON AND ORS.

The appellant, Kanwarjit Singh Dhillon, filed a civil suit seeking a declaration that certain immovable and movable properties left by his father, the late S. Kirpal Singh, were joint Hindu family assets and an injunction restraining the respondent from alienating them. The respondent had obtained …

SHRIDEVI AND ANR.versusMURALIDHAR AND ANR.

The dispute concerned whether Site Nos. 432 and 433 in Survey No. 15/1 were acquired by the Government under the Bangalore Development Authority Act and, consequently, whether an injunction could be granted to restrain construction. The trial court rejected the injunction without examining if the …

MAHABIR SINGHversusSUBHASH AND ORS.

Mahabir Singh filed a suit in 1985 and, after serving summons, obtained an ex‑parte decree against Subhash on 19‑Feb‑1986 when the defendant failed to appear. Subhash sought to set aside the decree under Order IX Rule 13 of the CPC on 7‑Feb‑1997, claiming improper service of summons. The trial court …

MOHANNAKUMARAN NAIRversusVIJAYAKUMARAN NAIR

The appellant borrowed Rs 6,02,000 from the respondent in Saudi Arabia and executed a promissory note there. The respondent filed a suit for recovery in the Subordinate Court at Attingal, Kerala. The appellant contended that the court lacked territorial jurisdiction under Section 20 of the CPC …

C.NATRAJANversusASHIM BAI AND ANR.

The appellant filed a suit in 2001 seeking declaration of title, an injunction and, alternatively, recovery of possession of a property, alleging that the cause of action arose in 1994. The respondents moved an application under Order 7 Rule 11(d) of the CPC to reject the plaint on the ground that …

M/S MAHALAXMI MOTORS LTD.versusMANDAL REVENUE OFFICER AND ORS.

Mis Mahalaxmi Motors Ltd. purchased land that had vested in the State of Andhra Pradesh after the 1955 Abolition of Inams Act and constructed a workshop, but the High Court held the land belonged to the State and dismissed its writ petitions. The State, through the Mandal Revenue Officer, initiated …

N.R. CONSTRUCTIONS PVT. LTD.versusSRI RAM BADAN SINGH AND ORS.

The appellant, a partner in a construction firm, entered into arbitration with the respondents over a partnership dispute, resulting in two awards dated 19 April 1997 and 25 November 2000. The appellant sought adjustment of the cross‑award under Order XXI Rules 18 and 19 of the CPC, arguing that the …

T. VIJENDRADAS AND ANR.versusM. SUBRAMANIAN AND ORS.

The vendor (RV) sold a municipal property to Sakunthala without notifying the Coimbatore Municipality, which continued to claim property tax arrears. The Municipality sued RV, obtained a decree, and the property was later auctioned; RV's wife bought it and subsequently sold it to a third party, who …

CARONA LTD.versusM/S PARATHY SWAMINATHAN & SONS

Carona Ltd., a public limited company with paid‑up share capital exceeding Rs. 1 crore, was let a premises by a partnership landlord. After defaulting on rent, the landlord gave notice terminating the tenancy on 31 March 2001 and filed an eviction suit. While the suit was pending, the tenant passed …

SUMTIBAI & OTHERSversusPARAS FINANCE CO. REGD. PARTNERSHIP FIRM BEAWER(RAJ.)THRU SMT. MANKANWAR W/O PARASMAL CHORDIA (DEAD) & ORS.

RAM PRAKASH GUPTAversusRAJIV KUMAR GUPTA AND ORS.

Ram Prakash Gupta, a handicapped plaintiff, filed a suit in 1990 seeking declaration of ownership of his house and nullity of two decrees obtained fraudulently by his brothers' sons in 1976. He discovered the fraudulent decree only in 1986 when an interpleader suit disclosed it. After 15 years of …

LAGAN JUTE MACHINERIES COMP ANY LIMITEDversusCANDLEWOOD HOLDINGS LTD. AND ORS.

Lagan Jute Machineries Co. Ltd. (appellant) was the lessee of premises owned by Candlewood Holdings Ltd. (respondent). After the lease expired, an eviction suit led to a consent decree in which the lessee undertook to pay the municipal commercial surcharge on consolidated rates as determined by the …

K.R. MOHAN REDDYversusM/S NET WORK INC. REP. TR. M.D.

The respondent firm sued the appellant for recovery of a dishonoured cheque issued after the appellant retired from a partnership. The trial court dismissed the suit without specifically addressing the appellant's claim of fraud and forgery. On appeal, the respondent filed an application under Order …

BAKHTIY AR HUSSAIN (DEAD) THR. LRS.versusHAFIZ KHAN AND ORS.

Bakhtiyar Hussain, claiming to be the bhumiswami of certain lands, sued Hafiz Khan and others for declaration of title and injunction after they took possession in 1970, asserting they had acquired title by adverse possession. The trial court and the first appellate court held the defendants were in …

SHRI MUNDRI LALversusSMT. SUSHILA RANI AND ANR.

The tenant, Shri Mundri Lal, challenged an eviction suit filed by his landlord, Smt. Sushila Rani, under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, contending that the premises were a "new construction" and therefore exempt under Section 2(2) of the Act. …

BOODIREDDY CHANDRAIAH AND ORS.versusARIGELA LAXMI AND ANR.

The appellants challenged a second appeal allowed by the Andhra Pradesh High Court under Section 100 of the Code of Civil Procedure, alleging that the High Court failed to formulate a substantial question of law as required by the amended provision. The Supreme Court examined whether a second appeal …

MUNICIPAL CORPORATION OF CITY OF THANEversusM/S VIDYUT METALLICS LTD. AND ANR.

The Municipal Corporation of Thane claimed that Vidyut Metallics Ltd. had underpaid octroi by paying 0.5% under Item 71 of the Maharashtra Municipalities (Octroi) Rules, 1974, instead of 1% under Item 77, and demanded the difference. The company had paid 1% from 1968‑1974, later corrected its …

KRISHNANversusBACKIAM AND ANR.

Krishnan filed a suit for declaration and injunction claiming that a mortgaged land was sold to him by Ramayee (alias Lakshmi) through registered deeds, which the defendant alleged were forged. The trial court dismissed the suit, but the first appellate court reversed the decision, holding that …

Y.A. AJITversusSOFANA AJIT

In Civil Appeal No. 4110 of 2007, the Supreme Court examined the High Court's order allowing a transfer petition under Section 24 of the Code of Civil Procedure, 1908, moving a suit from the District Court, Kanyakumari to the Family Court, Chennai. The appellant contended that the transfer was …

BHARAT SEWA SANSTHANversusU.P. ELECTRONICS CORPORATION LTD.

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

HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATIONversusM/S CORK MANUFACTURING CO.

The appellant, Haryana State Industrial Development Corporation, resumed an industrial plot allotted to the respondent, Cork Manufacturing Co., alleging breach of a contractual construction deadline. The respondent filed a suit for permanent injunction, claiming the resumption order was illegal, …

SAROJAversusCHINNUSAMY (DEAD) BY LRS. AND ANR.

Saroja purchased a property from her husband Kuppusamy while a suit filed by her against Kuppusamy for title was pending. The earlier suit was decided ex parte in favour of the respondents, and the decree attained finality. Saroja then filed a separate suit asserting ownership of the same property, …

UNION OF INDIAversusTATA TELESERVICES (MAHARASHTRA) LTD.

The Union of India invited tenders for a telecom licence and, after receiving a tender, issued a Letter of Intent to Tata Teleservices, which later failed to fulfil its obligations. The Union claimed damages of Rs 50 crore and set‑off the amount, while Tata claimed Rs 654.25 crore for breach of …

RAJINDERA SINGH (DEAD) THROUGH LRS. AND ORS.versusPREM MAI AND ORS.

The appellant, Rajindra Singh (deceased) through his legal representatives, challenged a decree from a 1957 suit in which Prem Mai and Sudha Mai were granted declaration and possession of land. The decree was reversed on appeal, declaring the appellant a Sirdar and entitled to possession. While the …

RAMDAS SHIVRAM SATTURversusRAMESHCHANDRA POPATLAL SHAH AND ORS.

The appellant appealed a decree directing execution of a sale deed for a plot that had been transferred to the deceased respondent No.3 (Tarabai). During the pendency of the second appeal, Tarabai died and her legal heirs (respondents 5, 6 and 7) were on record. The High Court dismissed the appeal …

POTHULA RAMA RAOversusPENDYALA VENKATA KRISHNA RAO AND ORS.

The appellant, a voter, filed an election petition seeking to declare the election of the first respondent, a legislator, void on four grounds: improper rejection of a dummy candidate’s nomination, acceptance of the respondent’s nomination despite a double entry in the electoral roll, acceptance of …

MRS. HAFIZUN BEGUMversusMD. IKRAM HEQUE & ORS.

The appellant, Hafizun Begum, the widow of a deceased motor‑vehicle accident victim, challenged an order allowing the deceased's brothers—who were not financially dependent on him—to claim compensation under the Motor Vehicles Act, 1988. The High Court had dismissed her claim, holding that the …

SANDEEP POLYMERS PVT.LTD.versusBAJAJ AUTO LTD. AND ORS.

Sandeep Polymers Pvt. Ltd., a Nagpur‑based manufacturer, sued Bajaj Auto Ltd. for damages after the latter terminated a lifetime‑supply agreement, causing the plaintiff’s Nagpur plant to become idle. The defendants contended that four purchase orders contained an ouster clause confining all disputes …

R.J. SHAH AND CO.versusH.P. STATE ELECTRICITY BOARD

R.J. Shah appealed to the Himachal Pradesh High Court against a judgment of a single judge of that court, invoking the Letters Patent of the former Lahore High Court under Clause 9/10. The High Court held that the Lahore Letters Patent did not apply to Himachal Pradesh, that no appeal under those …

A.A. GOPALAKRISHNANversusCOCHIN DEVASWOM BOARD AND ORS.

The land of Survey No. 1042/2, belonging to the Karikkode Sastha and Vishnu Temple managed by the Cochin Devaswom Board, was alleged to be encroached upon by respondents 3 and 4. The High Court directed the Board to take possession and allowed the encroachers to sue for title, which they did, later …

ADHUNIK STEELS LTD.versusORISSA MANGANESE AND MINERALS PVT. LTD.

O.M.M. Private Limited, holder of a mining lease, terminated its contract with Adhunik Steels Ltd., alleging violation of Rule 37 of the Mineral Concession Rules, 1960. Adhunik filed a Section 9 application under the Arbitration and Conciliation Act, 1996 seeking an interim injunction to restrain …

M/S R.N. JADI & BROTHERS AND ORS.versusSUBHASHCHANDRA

The appellants were served summons but filed their written statement two days after the 90‑day deadline prescribed by Order VIII Rule 1 of the Code of Civil Procedure (CPC). The trial court nevertheless accepted the statement, a decision challenged before the Karnataka High Court on the ground that …

RAMCHANDRA SAKHARAM MAHAJANversusDAMODAR TRIMBAK TANKSALE (D) AND ORS.

Ramchandra Sakharm Mahajan filed a suit for declaration of joint title with defendants 10‑13 and for recovery of possession of a portion of land against defendants 1‑9, relying on a lease deed dated 21‑July‑1875. The trial court dismissed the suit, refusing to allow a belated amendment of the plaint …

KISHOR KIRTILAL MEHTA AND ORS.versusLILAVATI KIRTILAL MEHTA MEDICAL TRUST AND ORS.

The Supreme Court considered appeals arising from a suit concerning the administration of the Lilavati Kirtilal Mehta Medical Trust under the Bombay Public Trust Act, 1950. The trial court had struck out portions of the written statements of defendants 11‑13 and parts of the plaintiff's affidavit, …

STATE OF MADHYA PRADESH & ANR.versusBACHHA LAL & ANR.

The brothers Bachha Lal and others sued a Sales Tax Officer of the State of Madhya Pradesh alleging that he abused his powers to conduct illegal searches, revoked their sales‑tax registration and lodged a false criminal complaint under Section 353 IPC, leading to a malicious prosecution claim. The …

DEPOT SUPERINTENDENT H.P. CORPN. LTD. & ANR.versusKOLHAPUR AGRI. MARKET COMMIT. KOLHAPUR

The appellant, Depot Superintendent HP Corporation Ltd., held a lease for a petrol pump in Kolhapur that expired in December 1989. It claimed renewal for 30 years under Section 7(3) of the Caltex (Acquisition of Shares of Caltex) Oil Refining Act, 1977, asserting that the renewal was automatic. The …

ZAMINDAR DHARMIK AND SHEKSHNIK NYASversusSIDDHANATH (DEAD) BY LRS.

The case concerns a 3.23‑acre parcel that formed part of a religious and educational trust whose trustees (the appellants) sought to retain ownership after the Government issued an ejectment notice under s.248 of the Madhya Pradesh Land Revenue Code in 1969. The Sub‑Divisional Officer, exercising …

M/S. AMBICA INDUSTRIESversusCOMMISSIONER OF CENTRAL EXCISE

Ambica Industries, carrying on business in Lucknow, was assessed to central excise there and appealed to the Central Excise and Service Tax Appellate Tribunal (CESTAT) in Delhi, which has jurisdiction over Uttar Pradesh, Delhi and Maharashtra. The appellant filed a further appeal under Section 35G …

GANNMANI ANASUYA AND ORS.versusPARVATINI AMARENDRA CHOWDHARY AND ORS.

The plaintiffs, sons of the family Karta, sued the appellants for partition of two properties and for a decree directing the appellants to render accounts of a poultry‑tube manufacturing joint venture, claiming a 2/3 share in one property and a 4/9 share in the other. The appellants contended that …

HARDESH ORES PVT. LTD.versusM/S HEDE & CO.

Hardesh Ores Pvt. Ltd. and Sociedade de Fomento Industrial Pvt. Ltd. entered into extraction and purchase agreements with Hede & Co. containing a clause allowing the lessee to renew the lease every five years at its sole option. The lessees exercised the option in December 2001, but Hede & Co. …

R.V. DEV @ R. VASUDEVAN NAIRversusCHIEF SECRETARY, GOVT. OF KERALA AND ORS.

The appellant, an indigent plaintiff, filed a suit for damages against the State of Kerala which was dismissed as barred by limitation. The High Court held that, despite his indigent status, the plaintiff must pay the court fee because he failed in the suit, and dismissed his application for …

LAL DEVI AND ANR.versusVANEETA JAIN AND ORS

The plaintiff filed a suit for specific performance of an agreement to sell a Shimla property after the vendor failed to execute the sale deed. During the trial, the vendor's counsel was absent because they were engaged in a High Court matter, and no representation of their absence was made to the …

LAXMIKANT CHHOTELAL GUPTA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

The partners of Somras Distillers (respondents 5‑7) were in arrears of sales‑tax and their properties were attached. A writ petition sought that the tax dues be recovered from the other partners (appellants) and not from them. The High Court ordered the properties to be auctioned; the auction was …

PATRICK JJ. SALDANHAversusANTONY M. SALDANHA

The Supreme Court examined a civil appeal (No. 414 of 2001) challenging a Karnataka High Court order that allowed a second appeal without formulating any substantial question of law as required by Section 100 of the Code of Civil Procedure, 1908. The Court reiterated that under Section 100(3) the …

D. DWARAKANANTHA REDDYversusCHAITNYA BHARATHI EDUCATIONAL SOCIETY AND ORS.

The appellants claimed that they had been validly inducted as Promoter‑Members of Chaitnya Bharathi Educational Society by a Board of Governors resolution in 2000 and a General Body approval in 2006, which they said entitled them to vote in the Society’s Board elections. The Society contended that …

P. CHANDRASEKHARAN AND ORS.versusS. KANAKARAJAN AND ORS.

P. Chandrasekharan and others appealed to the Supreme Court against a Madras High Court order that allowed the cross‑objections of the respondents in a suit for possession of two parcels of land. The appellants argued that the High Court had erred by ignoring documentary evidence and misinterpreting …

BHARAT PETROLEUM CORPN. LTD.versusMADDULA RATNA VALLI AND ORS.

Bharat Petroleum Corporation Ltd., a government company, claimed a statutory right to renew a lease originally granted to Burmah Shell under the Burmah Shell (Acquisition of Undertakings in India) Act, 1976. The lease, with a nominal rent of Rs 50 per month, had expired in 1985 and the company …

JAGDISH CHANDERversusRAMESH CHANDER AND ORS.

The parties entered into a partnership deed containing Clause 16, which stated that any dispute would be "mutually decided" or "referred for arbitration if the parties so determine." The respondent filed an application under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 …

MOHIT BHARGAVAversusBHARAT BHUSHAN BHARGAVA AND ORS.

The decree holder obtained a final decree against the judgment debtor in a partnership dissolution suit filed in the District Court of Gwalior. While executing the decree, the court issued restraint orders (19 Mar 2003 and 7 Jul 2003) preventing a third‑party occupant and a bank from handing over …

USHA BALASAHEB SWAMI AND ORS.versusKIRAN APPASO SWAMI AND ORS.

The suit concerned partition of ancestral property where the plaintiff claimed a half‑share. The defendants, in their written statement, admitted the plaintiff’s entitlement but later sought to amend the statement to allege that the plaintiff and certain co‑defendants were illegitimate children and …

KANDAPAZHA NADAR AND ORS.versusCHITRAGANIAMMAL AND ORS.

The appellants (defendants in the earlier suit) challenged a Madras High Court order that, after allowing them to withdraw their 1973 suit without liberty to file a fresh suit, barred them from raising the defence that the conveyance deed was invalid. The Supreme Court examined whether such a …

BEGUM SAHIBA SULTANversusNAWAB MOHD. MANSUR ALI KHAN AND ORS.

Begum Sahiba Sultan, the daughter of the deceased, filed a suit in the Delhi High Court seeking a declaration that an alleged oral will made by her mother was never made, a declaration that a sale deed was void, and a decree of partition of immovable properties situated in Village Pataudi, Gurgaon, …

RAGHU LAKSHMINARAYANANversusM/S. FINE TUBES

The complainant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by a business concern named Fine Tubes was dishonoured. The complaint named several persons, including the appellant who was described as "in charge, …

VISHWAMITRA RAM KUMARversusM/S. VESTA TIME COMPANY

The landlord of an eight‑room building filed seven suits under Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 seeking eviction of tenants for rebuilding. The trial court dismissed the suits for lack of proof of a bona‑fide rebuilding need and financial capacity, and the High Court …

M. VENKATARAMANA HEBBAR (D) BY L.RS.versusM. RAJAGOPAL HEBBAR AND ORS

The parties were co‑owners of a joint family property and entered into a family settlement on 30‑03‑1973 whereby certain co‑owners were to pay Rs 15,000 each to another co‑owner in instalments, after which they would relinquish their rights. The appellant failed to make the payment and the …

SHIV GOPAL SAH@SHIV GOPAL SAHUversusSITA RAM SARAUGI AND ORS.

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

SMT. MANJURI BERAversusTHE ORIENTAL INSURANCE COMPANY LTD. AND ANR.

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

SARWAN SINGHversusKISHAN SINGH (DEAD) THR. LRS. AND ORS.

Sarwan Singh filed a second appeal before the Punjab & Haryana High Court challenging a lower court order. On the scheduled date, the appellant failed to appear, and the High Court dismissed the appeal on its merits for non‑appearance. The appellant then applied under Order XLI Rule 19 read with …

M/S ADITYA HOTELS (P) LTD.versusBOMBAY SWADESHI STORES LTD. AND ORS.

The appellant filed a suit for possession and the respondents filed their written statement 142 days after service of summons, far exceeding the 30‑day period prescribed by Order VIII Rule 1 of the CPC. The trial court accepted the belated statement on the condition that the appellant pay costs, and …

NANSHIBHAI S/O GANESHBHAI MIRANIversusBHUPENDRA P. POPAT AND ANR.

The Supreme Court heard a civil appeal challenging a Bombay High Court order that a fresh General Body Meeting of Sri Lohana Mahaparishad be held to consider remaining agenda items after a consent order had directed a meeting. The appellant argued that the newly elected governing body, not the old …

CHANDA (DEAD) THROUGH LRS.versusRATTNI AND ANR.

The plaintiff entered into an agreement to purchase land, paid earnest money and was required to pay the balance consideration and obtain execution of the sale deed within two months of the decree for specific performance. The trial court decreed specific performance, directing the defendants to …

PALITANA SUGAR MILLS PVT. LTD. & ANR.versusSMT. VILASINIBEN RAMACHANDRAN AND ORS.

Palitana Sugar Mills Pvt. Ltd. filed a contempt petition against the State Government of Gujarat and its officers for refusing to implement the Supreme Court's 15 October 2004 order granting non‑agricultural (residential) permission over certain government lands. The petitioners alleged that the …

M/S. BAJAJ HINDUSTAN SUGAR & INDUSTRIES LIMITEDversusBALRAMPUR CHINI MILLS LTD. AND ORS.

Bajaj Hindustan Sugar & Industries Ltd sought to restrain Balrampur Chini Mills Ltd from establishing a sugar mill within 15 km of its proposed unit, as mandated by a Ministry of Industries directive. The suit was filed against the Union of India and its authorities, necessitating an application …

SUBHASH MAHADEVASA HABIBversusNEMASA AMBASA DHARMADAS (D) BY LRS. AND ORS.

The case involved three properties allotted to a Hindu joint‑family member (defendant No.2) who mortgaged them and later sold the equity of redemption to the appellant, Habib. The wife and minor sons of defendant No.2 challenged the sale, but the trial court upheld it and the decree became final. …

SAI ENTERPRISESversusBHIMREDDY LAXMAIAH AND ANR.

The appellant filed a suit for recovery of Rs.4.49 lakh and the respondent No.1 filed a separate suit for foreclosure of a mortgage against the same judgment debtor, respondent No.2. Both suits were decreed against respondent No.2, and execution proceedings were instituted, leading to the sale of …

ALCHEMIST LIMITED AND ANR.versusSTATE BANK OF SIKKIM AND ORS.

Alchemist Ltd., a company with its registered office in Chandigarh, submitted a proposal for a strategic partnership with State Bank of Sikkim as part of Sikkim's disinvestment of 49% equity. After an acceptance in principle, Alchemist deposited Rs 4.5 crore in Chandigarh, but the Sikkim government …

M/S UMA SHANKER KAMAL NARAIN AND ANR.versusM/S. M.D. OVERSEAS LTD.

The plaintiffs filed a summary suit under Order XXXVII Rule I of the CPC for recovery of amounts due to four dishonoured cheques issued by the defendants. The defendants applied for leave to defend, but the Single Judge of the Delhi High Court held the defence to be a moon‑shine defence and refused …

ALL BENGAL EXCISE LICENSEES ASSOCIATIONversusRAGHABENDRA SINGH AND ORS.

The All Bengal Excise Licensees Association obtained an interim injunction from the Calcutta High Court prohibiting the State Excise authorities from holding any lottery for the final selection of excise shop licences without the Court's leave. Despite being fully aware of the order, the respondents …

INDIA HOUSEHOLD AND HEALTHCARE LTD.versusLG HOUSEHOLD AND HEALTHCARE LTD.

The petitioners, India Household and Healthcare Ltd., entered into a Memorandum of Understanding and a licence agreement with the respondents, LG Household and Healthcare Ltd., which contained an arbitration clause. A dispute arose over the use of the LG logo and the respondents obtained an interim …

VEDIC GIRLS SENIOR SECONDARY SCHOOL ARYA SAMAJ MANDIR, JHAJJARversusSMT. RAJWANTI AND ORS.

Respondent No. I, a science teacher, sued Vedic Girls Senior Secondary School for regularisation of her services, salary by crossed cheques and related benefits. The trial court decreed regularisation and payment of salary but did not specify the salary scale on which arrears were to be calculated. …