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Code of Civil Procedure, 1908

4176 judgments · newest first · showing 3201–3400

NAGAPPAversusGURUDAYAL SINGH AND ORS.

2002 INSC 504Appeal(s) allowed

Nagappa, a poor agriculturist who lost his right leg in a road accident, claimed compensation under the Motor Vehicles Act, 1988. The Claims Tribunal awarded a modest sum, which the Karnataka High Court later enhanced and also ordered payment for an artificial leg. Nagappa then sought to amend his …

SHAKEELUR RAHMANversusSYED MEHDI ISPAHANI

2002 INSC 501Dismissed

The landlord sought eviction of the tenant under Section 14(1)(b) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming a bona‑fide need to demolish and rebuild the premises for better financial returns. The Rent Controller and the Appellate Authority rejected the petition, holding …

PRATIBHA SINGH AND ANR.versusSHANTI DEVI PRASAD AND ANR.

2002 INSC 503Disposed off

The Supreme Court dealt with a suit for specific performance of a contract to sell immovable land where the plaint failed to give a precise description of the property and no map was annexed. The trial court decreed specific performance, but the decree did not identify the land, leading to execution …

BALLA RAM (DEAD) BY LRS. AND ORS.versusPHOOLA (DEAD) BY LRS. AND ORS.

2002 INSC 496Appeal(s) allowed

The case involved a second appeal filed by the heirs of Balla Ram against the heirs of Phoola. The Punjab and Haryana High Court dismissed the appeal summarily, stating “No merit”, without examining whether any substantial question of law existed between the parties as required by Section 100(3) of …

KANHAIYALAL AND ORS.versusANUPKUMAR AND ORS.

2002 INSC 497Appeal(s) allowed

The appellants filed a second appeal under Section 100 of the Code of Civil Procedure, challenging the Madhya Pradesh High Court's reversal of the trial and first appellate courts' findings of fact. The High Court failed to state any substantial question of law in its memorandum of appeal or …

ABDUL RAHMANversusPRASONY BAI AND ANR.

2002 INSC 482Dismissed

Abdul Rahman (appellant) claimed that Prasony Bai (respondent) was not the daughter of the original land allottee Mangal Singh and that he had acquired the land by adverse possession. The dispute stemmed from earlier escheat proceedings, cancellation of an allotment to the appellant and mutation …

LAKSHMI RAM BHUYANversusHARI PRASAD BHUYAN AND ORS.

2002 INSC 483Disposed off

In a title suit filed in 1978, the trial court dismissed the suit, the first appeal upheld the dismissal, and the High Court allowed the second appeal but only directed that a decree be drawn up by the trial court. The trial court prepared a decree that mentioned only costs, omitting the numerous …

TULSI RAM AND ORS.versusMATHURA SAGAR PAN TATHA KRISHI AND ANR .

2002 INSC 462Disposed off

The dispute involved the Barai community, owners of a group of tanks used for betel leaf irrigation, and the Dhimar fishing community who had been allowed to fish in those tanks under a historic Wajib-ul-arz agreement. The Barais sought an injunction to stop the Dhimars from fishing, claiming the …

VENKATRAO ANANTDEO JOSHI AND ORS.versusSAU MALATHIBAI AND ORS

2002 INSC 461Appeal(s) allowed

Venkatrao Joshi and his mother filed a partition suit against the father and his wife, alleging an illegal transfer of joint family land. The trial court issued a preliminary decree granting the appellants a two‑thirds share and held the transfer void; the decree became final after the father and …

RAM PRASAD SARMAversusMANI KUMAR SUBBA AND ORS.

2002 INSC 446Disposed off

Ram Prasad Sarma, who lost the 1999 Lok Sabha election for Tezpur to Mani Kumar Subba, filed an election petition alleging booth‑capturing and rigging. The respondent moved to dismiss the petition under Section 86(1) on three grounds: the petition was filed beyond the 45‑day limitation, a candidate …

SALEM ADVOCATE BAR ASSOCIATION, TAMIL NADUversusUNION OF INDIA

2002 INSC 444Directions issued

The Salem Advocate Bar Association filed writ petitions under Article 32 challenging the 1999 and 2002 amendments to the Code of Civil Procedure, 1908. While the Constitutionality of the amendments was not contested, the petitioner sought clarification on their practical implementation. The Court …

BASANT SINGH AND ANR.versusROMAN CATHOLIC MISSION

2002 INSC 424Leave granted

The landlord (respondent) sued the tenants Basant Singh and others (appellants). The trial court issued summons by ordinary process and by registered post, but receiving no service report it ordered fresh summons and substituted service by publishing notice in the newspaper "Dainik Bhaskar". The …

NATIONAL INSURANCE CO. LTD., CHANDIGARHversusNICOLLETTA ROHTAGI AND ORS.

2002 INSC 389Disposed off

The Supreme Court examined whether a motor insurer can appeal a Motor Accidents Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988 when the insured has not filed an appeal. It held that an insurer’s right of appeal is limited to the statutory defences listed in Section 149(2) …

C.V. RAJENDRAN AND ANR.versusN.M. MUHAMMED KUNHI

2002 INSC 384Dismissed

The tenants (appellants) challenged a second eviction petition filed by the landlord (respondent) under Section 15(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming the landlord’s bona‑fide requirement for his son. An earlier appellate authority had held that the second …

RATTAN DEVversusPASAM DEVI

2002 INSC 385Appeal(s) allowed

Rattan Dev filed a suit for a permanent injunction which was decreed by the trial court. The defendant appealed and the first appellate court reversed the decree, dismissing the suit on the ground that the plaintiff did not appear as a witness and an adverse inference was drawn. Rattan Dev filed a …

SAMPATH KUMARversusAYYAKANNU AND ANR.

2002 INSC 386Appeal(s) allowed

The plaintiff filed a suit in 1988 for a permanent injunction over agricultural land. In 1999, before trial commenced, he sought to amend the plaint under Order VI Rule 17 of the CPC to add relief for declaration of title and recovery of possession, alleging dispossession by the defendant in 1989. …

TANZEEM-E-SUFIAversusBIBI HALIMAN AND ORS.

2002 INSC 361Appeal(s) allowed

Bibi Haliman obtained a decree for eviction of a property and filed an execution petition for possession. Judgment debtor No.7, claiming the premises belonged to the Sufi Ashram (Tanzeem‑e‑Sufia), resisted delivery. The Ashram filed an application under Order XXI Rule 97 CPC seeking to be heard as a …

DR. J.J. MERCHANT AND ORS.versusSHRINATH CHATURVEDI

2002 INSC 330Disposed off

The doctors filed a petition before the National Consumer Disputes Redressal Commission (NCDRC) alleging that a complaint of medical negligence against them should be dismissed or stayed, arguing that the case involved complicated questions of law and fact and that a nine‑year delay in disposal …

M/S HIRA LALL AND SONS AND ORS.versusM/S. LAKSHMI COMMERCIAL BANK

2002 INSC 327Dismissed

The petitioners, importers, had obtained a Letter of Credit from the respondent bank for a consignment that later sank at sea. The bank, after rejecting the petitioners' documents as discrepant, sued them for recovery of the amount, and the suit was transferred to a Debt Recovery Tribunal under the …

DHRUV GREEN FIELD LTD.versusHUKAM SINGH AND ORS.

2002 INSC 328Appeal(s) allowed

The respondents filed a suit in a civil court challenging the validity of a ten‑year lease of village common land granted by the Gram Panchayat and the legality of the auction. The trial court dismissed the suit on the ground that Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961, …

DEENA (DEAD) THROUGH L.RS.versusBHARAT SINGH (DEAD) THROUGH L.RS. AND ORS.

2002 INSC 312Appeal(s) allowed

The appellant (defendant) challenged the High Court’s decision that the plaintiffs were entitled to exclusion of the period between the withdrawal of an earlier suit and the filing of a fresh suit under Section 14 of the Limitation Act. The earlier suit had been withdrawn with the court’s permission …

M/S. HARIDAS EXPORTSversusALL INDIA FLOAT GLASS MFRS. ASSOCIATION AND ORS.

2002 INSC 306Disposed off

The All India Float Glass Manufacturers Association complained that Indonesian exporters were selling float glass in India at predatory prices, alleging a restrictive trade practice under the Monopolies and Restrictive Trade Practices (MRTP) Act. The MRTP Commission issued an interim injunction …

RAM KHILONA AND ORS.versusSARDAR AND ORS.

2002 INSC 303Appeal(s) allowed

The appellants (Ram Khilona et al.) had entered into an agreement of sale with the respondents (Sardar et al.) but the sale deed was never executed. After execution, the covenantors allegedly altered the agreement by inserting two independent marginal witnesses to lend authenticity. The respondents …

MUTHU GOUNDERversusAMMAYEE AMMAL

2002 INSC 292Appeal(s) allowed

The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging a decree of a subordinate court. The Madras High Court disposed of the appeal without framing any substantial question of law, despite the statutory requirement that the High Court must be …

ASHOK KUMAR AND ORS.versusRISHI RAM AND ORS.

2002 INSC 286Appeal(s) allowed

The appeal concerned a suit for recovery of rent arrears and eviction filed by landlords against a tenant under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The trial court held that the first hearing was on 20 May 1980 and dismissed the tenant’s claim of having …

DHANNALALversusKALAWATIBAI AND ORS.

2002 INSC 289Dismissed

The Supreme Court considered appeals by two tenants who were evicted from two shops in Indore after the widow of the former owner and her two sons filed eviction applications before the Rent Controlling Authority (RCA) under the Madhya Pradesh Accommodation Control Act, 1961, claiming bonafide …

P.V. HEMALATHAversusKATTAMKANDI PUTHIYA MALIACKAL SAHEEDA AND ANR.

2002 INSC 281Dismissed After

The petitioners sought specific performance of a contract for two cinema theatres in Calicut, but the trial court dismissed the suit. On appeal, a two‑judge Division Bench of the Kerala High Court delivered conflicting judgments and, without identifying any point of law difference, confirmed the …

M/S. I.T.L. LTD.versusM/S. SIEMENS PUBLIC COMMUNICATIONS NETWORK LTD.

2002 INSC 282Dismissed

MIS. I.T. Ltd. appealed to the Supreme Court against the order of the 10th Additional City Civil Judge, Bangalore, which dismissed its appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996. The central question was whether a revision petition under Section 115 of the Code of …

P. KLRAN KUMARversusA.S. KHADAR AND ORS.

2002 INSC 258Appeal(s) allowed

P. Kiran Kumar, a minor, claimed compensation under the Motor Vehicles Act after a road accident. The Motor Accident Claims Tribunal awarded a partial sum ex parte because the respondents withdrew their defence. The respondents appealed the award, but the High Court dismissed the appeal as barred by …

GOVERNMENT OF ORISSAversusM/S. ASHOK TRANSPORT AGENCY AND ORS.

2002 INSC 249Matter referred to larger bench

The plaintiff obtained an ex‑parte decree against the Charge Chrome Division of Orissa Mining Corporation before the division was taken over by the State of Orissa under the 1991 Ordinance. The State, not being impleaded, objected to execution of the decree on the ground that the decree was not …

SUSHIL KUMAR SABHARWALversusGURPREET SINGH AND ORS.

2002 INSC 220Appeal(s) allowed

The Supreme Court examined a landlord‑tenant suit where the landlord obtained an ex‑parte decree for rent arrears and eviction. The tenant contended that he never received a summons because the process server’s report was unreliable and he testified under oath that no summons was served. The Court …

VIJA Y KUMAR MADAN AND ORS.versusR.N. GUPTA TECHINCAL EDUCATION SOCIETY AND ORS.

2002 INSC 213Disposed off

The plaintiffs, owners of a leasehold premises in Gurgaon, sued the defendants for recovery of rent arrears and ejectment. The defendants failed to appear on the scheduled date, leading the trial court to proceed ex-parte and later set aside the ex-parte order under Order 9 Rule 7, imposing a …

STATE BANK OF SAURASHTRAversusM/S. ASHIT SHIPPING SERVICES (P.) LTD. AND ANR.

2002 INSC 192Disposed off

The State Bank of Saurashtra (appellant) sought leave to defend a summary suit filed by Ashit Shipping Services (respondent No.1) under Order 37 of the CPC, which claimed payment on a bond that the bank alleged was an indemnity, not a guarantee. The bank alleged fraud and collusion involving the …

VIKAS AGGARWALversusANUBHA

2002 INSC 193Dismissed

The appellant and respondent married and later separated, with the appellant filing for divorce in a U.S. court while the respondent returned to India and filed a suit for judicial separation and maintenance. The Delhi High Court, through a Single Judge, initially restrained the appellant from …

UNION OF INDIA AND ORS.versusARADHANA TRADING CO. AND ORS.

2002 INSC 174Dismissed

The Union of India entered into supply contracts with respondents and, after disputes, arbitrators were appointed by the Calcutta High Court. The arbitrators filed their award in the Calcutta High Court, and the court made the award a rule of court despite the Union’s claim that it should have been …

AJIT KUMAR SINGH AND ORS.versusCHIRANJIBI LAL AND ORS.

2002 INSC 159Disposed off

The appellants, tenants, were ordered to vacate premises under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. After the trial decree and a dismissed first appeal, they filed a second appeal in the Patna High Court, but neither they nor their counsel appeared at the hearing. The …

STATE OF WEST BENGAL AND ORS.versusKARAN SINGH BINAYAK AND ORS.

2002 INSC 161Dismissed

The State of West Bengal sought to revise a 1957 record of rights concerning land that had been leased to a paper mill, arguing that the land vested in the State under the West Bengal Estates Acquisition Act, 1953. The respondents, Karan Singh Binayak and others, had purchased the land and commenced …

SHARDA DEVIversusSTATE OF BIHAR

2002 INSC 137Disposed off

Sharda Devi appealed against the State of Bihar challenging a land acquisition award. The dispute turned on whether a Letters Patent Appeal (LPA) could be filed before a Division Bench of the High Court against the judgment of a Single Judge who had decided an appeal under Section 54 of the Land …

SRI SHIBU CHANDRA DHARversusSRI PASUPATI NATH AUDDYA

2002 INSC 121Disposed off

Shibu Chandra Dhar, a tenant who purchased the landlord's building, sued Pasupati Nath Auddya for non‑payment of rent and for possession of shop premises under the West Bengal Premises Tenancy Act, 1956. After the suit for specific performance filed by the respondent was dismissed, the respondent …

VASANT GANESH DAMLEversusSHRIKANT TRIMBAK DATAR AND ANR.

2002 INSC 119Dismissed

The landlords filed a suit for eviction of the tenant, Vasant Ganesh Damle, on the ground of arrears in rent. The trial court dismissed the suit, but the appellate court reversed the decision, holding the tenant liable for eviction. The tenant contended that he was entitled to protection under …

KALPATARU AGROFOREST ENTERPRISESversusUNION OF INDIA

2002 INSC 120Appeal(s) allowed

Kalpataru Agroforest Enterprises claimed a refund of excess freight paid to Indian Railways and filed a claim before the Railway Claims Tribunal, which dismissed the claim. The appellant filed a review petition under Section 18(3)(f) of the Railway Claims Tribunal Act, 1987, but the Tribunal …

HARSHAVARDHAN CHOKKANIversusBHUPENDRA N. PATEL AND ORS.

2002 INSC 110Appeal(s) allowed

The appellant, Harshavardhan Chokkani, had a lease from the original landlady to occupy a shop and was permitted to run a partnership business. After the landlady sold the premises, she attorned the tenancy of the partnership firm, Brij Mohan Chokkani & Sons, to the purchasers, who thereafter …

ASHOK KUMAR GUPTAversusVIJAY KUMAR AGRAWAL

2002 INSC 111Dismissed

The appellant, a tenant, filed a suit for injunction against the respondent landlord. The landlord filed a counter‑claim under Order VIII, Rule 6 of the CPC invoking Section 12(1)(e) of the Madhya Pradesh Accommodation Control Act, seeking eviction on the ground of bona‑fide personal requirement. …

RAM NATH SAO @ RAM NATH SAHU & ORS.versusGOBARADHAN SAO AND ORS.

2002 INSC 106Appeal(s) allowed

The case arose from a partition suit involving 116 acres of land where, during the pendency of a first appeal, several appellants died. Substitution applications were filed after delays of 130 days, three years, and five years. The Patna High Court refused to condone the delay and set aside the …

GURDIAL SINGH AND ORS.versusRAJ KUMAR ANEJA AND ORS.

2002 INSC 62Appeal(s) allowed

The owners of a commercial complex leased the premises to Goyal under a registered deed that expressly prohibited sub‑letting without the landlord’s written consent. Goyal subsequently allowed two occupants to occupy parts of the premises. The owners filed an eviction petition under Section …

RATAN LAL JAIN AND ORS.versusUMA SHANKAR VYAS AND ORS.

2002 INSC 57Dismissed

The plaintiffs, owners of a plot of land, leased it to the respondents who built a commercial complex and sub-let the shops. After the respondents defaulted on lease premium, the plaintiffs sued for arrears and eviction. The trial court decreed actual possession against the respondents and only …

KONDA LAKSHMANA BAPUJIversusGOVT. OF ANDHRA PRADESH AND ORS.

2002 INSC 53Dismissed

The appellant claimed title to a two‑acre parcel of land in Hyderabad based on an unregistered 1954 perpetual lease and a later registered lease, asserting that he had acquired ownership by adverse possession. The State of Andhra Pradesh, asserting that the land was Government property, invoked the …

KHAZAN SINGH (DEAD) BY LRS.versusUNION OF INDIA

2002 INSC 46Appeal(s) allowed

The land of the deceased Khazan Singh was acquired under the Land Acquisition Act, 1894 and an award fixing compensation was made by the Collector. Dissatisfied, Khazan Singh filed an application under Section 18 of the Act for a reference to a Civil Court, which the Collector made. The Civil Court …

P. PURUSHOTTAM REDDY AND ANR.versusM/S PRATAP STEELS LTD.

2002 INSC 38Appeal(s) allowed

The appellants (vendors) entered into a sale agreement with the respondent (buyer) for Rs.40.25 lakh, conditioning the sale on obtaining clearance under the Urban Land (Ceiling and Regulation) Act, 1976 by a stipulated date. When the clearance was not obtained, the vendors cancelled the agreement …

OM PRAKASH GUPTAversusRANBIR B. GOYAL

2002 INSC 35Dismissed

The appellant, a tenant, was evicted by decree for non-payment of rent. He sought relief on the ground that a subsequent event – the Haryana Urban Development Authority's (HUDA) resumption proceedings against the landlord – had been set aside, claiming that this extinguished the landlord's title and …

NIRMA LTD.versusM/S. LURGI LENTJES ENERGIETECHNIK GHBH AND ANR.

2002 INSC 23Dismissed

Nirma Ltd. filed a Special Leave Petition under Article 136 of the Constitution seeking to appeal an order of the City Civil Court, Ahmedabad, which had decided an appeal under sub‑section (2) of Section 37 of the Arbitration and Conciliation Act, 1996. The petition raised the question of whether a …

KEDARNATHversusMOHAN LAL KESAWARI AND ORS.

2002 INSC 16Appeal(s) allowed

The landlord filed a suit in the Allahabad Court of Small Causes under the U.P. Urban Buildings Act for arrears of rent and eviction, which was decreed ex‑parte and executed. The tenants applied under Order 9 Rule 13 of the CPC to set aside the decree but neither deposited the decretal amount nor …

PREM BAKSHI AND ORS.versusDHARAM DEV AND ORS.

2002 INSC 11Appeal(s) allowed

The appellants, legal heirs of mortgagees, filed a suit for declaration of joint ownership of mortgaged land and an injunction against the respondent who had his name entered in revenue records. They later sought to amend the plaint under Order 6 Rule 17 CPC to include facts about a prior …

KAMALNATHversusSUDESH VERMA

2002 INSC 6Appeal(s) allowed

Kamalnath, who was elected from the Chhindwara Lok Sabha constituency, was challenged by Sudesh Verma through an election petition alleging a corrupt practice under Section 123(6) of the Representation of the People Act, 1951 for exceeding the prescribed expenditure ceiling. The Madhya Pradesh High …

STATE OF MAHARASHTRAversusMARWANJEE F. DESAI AND ORS.

2001 INSC 609Appeal(s) allowed

The State of Maharashtra sought to evict occupants of several government‑owned plots under the Bombay Government Premises (Eviction) Act, 1955. After issuing show‑cause notices, the competent authority terminated the eviction proceedings by an order dated 16 December 1980 stating that the …

ASHOK NAGAR WELFARE ASSOCIATION AND ANR.versusR.K. SHARMA AND ORS.

2001 INSC 610Dismissed

The Ashok Nagar Welfare Association filed suits under Section 6 of the Specific Relief Act seeking possession of land allegedly occupied unlawfully by the respondents. A Single Judge of the Delhi High Court passed ex‑parte decrees on the basis that summons were served, although the summons were …

DAVINDER PAL SEHGAL AND ANR.versusM/S PARTAP STEEL ROLLING MILLS PVT. LTD. AND ORS.

2001 INSC 607Appeal(s) allowed

The appellants, settled abroad, filed a suit for declaration and possession but their advocate could not appear on the scheduled date due to a family emergency, and no notice of the next hearing was received. The trial court dismissed the suit for non‑prosecution and later dismissed two restoration …

FAKIR MOHD. (DEAD) BY LRS.versusSITA RAM

2001 INSC 602Dismissed

The tenant occupied a shop in the landlord's building and fell into arrears of rent, prompting the landlord to file an eviction suit under Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant had previously deposited rent in court under Section 19A, and again …

LAXMIKANT V. PATELversusCHETANBHAI SHAH AND ANR.

2001 INSC 594Appeal(s) allowed

The plaintiff, who had been operating a colour lab and studio under the trade name "Muktajivan Colour Lab and Studio" since at least 1995, sued the defendants for passing off after they intended to use the same name for a similar business. The plaintiff sought a permanent injunction and an …

STATE OF RAJASTHAN AND ANR.versusM/S. NAV BHARAT CONSTRUCTION CO.

2001 INSC 582Disposed off

The State of Rajasthan appealed against an arbitration award that granted the contractor, M/s Nav Bharat Construction Co., interest of 18% on delayed payments. The contractor had also obtained a district court award of 15% interest, both of which were confirmed by the Rajasthan High Court. The …

N.S.S NARAYANA SARMA AND ORS.versusM/S. GOLDSTONE EXPORTS (P) LTD. AND ORS.

2001 INSC 580Appeal(s) allowed

The original suit sought partition of a 196‑acre property in Hydernagar village, resulting in a preliminary decree that became final and a commissioner was appointed for division. Respondents, assignees of decree‑holders, obtained possession of their shares through execution proceedings. The …

KAMALESHWAR KISHORE SINGHversusPARAS NATH SINGH AND ORS.

2001 INSC 579Appeal(s) allowed

Kamaleshwar Kishore Singh filed a partition suit valued at Rs 16 lakhs and paid a fixed court fee of Rs 29.25, assuming it was a simple partition case. Defendant No. 20 objected, leading the trial court to order payment of ad‑valorem court fee on 10% of the sale‑deed value of certain properties. The …

MAHENDRA AND MAHENDRA PAPER MILLS LTD.versusMAHINDRA AND MAHINDRA LTD.

2001 INSC 568Dismissed

Mahindra & Mahindra Ltd., a long‑standing user of the registered trademark "Mahindra", sued Mahendra & Mahindra Paper Mills Ltd. for passing‑off and trademark infringement, seeking permanent and interim injunctions to stop the defendant from using the name "Mahendra & Mahendra". The Bombay High …

RAJENDRA TIWARYversusBASUDEO PRASAD AND ANR.

2001 INSC 569Appeal(s) allowed

The plaintiffs filed a suit for eviction of the defendant under the Bihar Building (Lease, Rent and Eviction) Control Act, 1982, alleging default in rent, personal requirement and damage, and claimed title to the premises through three sale deeds. The defendant denied being a tenant of the …

MADANLALversusSHYAMLAL

2001 INSC 570Dismissed

The respondent filed a suit for specific performance of a land sale agreement. After the plaintiff's evidence was closed, the defendant (appellant) applied under Order 13 Rule 2 of the CPC for production of a land acquisition award, electricity bills, and a registered sale deed. The trial court …

S.N. KAPOOR (DEAD) BY HIS LRS.versusBASANT LAL KHATRI AND ORS.

2001 INSC 556Appeal(s) allowed

The appellant, a widow of the original landlord S.N. Kapoor, sought eviction of the tenant under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises. The Rent Controller held the claim not bona‑fide, and the Delhi High Court dismissed both the revision …

ROSHANDEENversusPREETILAL

2001 INSC 550Appeal(s) allowed

Roshan Deen, a workman injured while operating machinery at Preeti Lal's flour mill, claimed compensation under the Workmen's Compensation Act, 1923. While the claim was pending, the Commissioner dismissed it on the basis of an alleged agreement between the parties that Deen would withdraw his …

UNION OF INDIA AND ORS.versusADANI EXPORTS LTD. AND ANR.

2001 INSC 546Appeal(s) allowed

The Union of India and others appealed against the Gujarat High Court’s order allowing special civil applications filed by Adani Exports Ltd. and others seeking the benefit of a Pass‑Book Scheme under the Import‑Export Policy for shrimp exports. The central issue was whether the Gujarat High Court …

SRI KEMPAIAHversusLINGAIAH AND ORS.

2001 INSC 547Dismissed

The landlord, Sri Kempaiah, filed an eviction petition under the Karnataka Rent Control Act, 1961, claiming a reasonable and bonafide requirement for the premises and alleging arrears of rent. The trial court allowed eviction on the basis of bonafide requirement but rejected the landlord’s claim of …

ANTONYSAMIversusARULANANDAM PILLAI (D) BY LRS. AND ANR.

2001 INSC 539Dismissed

The appellant, Antonysami, obtained a decree for specific performance of a sale, directing the judgment debtor to measure and demarcate the land by 23‑Sep‑1966 and to deposit the balance price by the same date. The appellant complied with the deposit, but the debtor delayed the measurement until …

V. PURUSHOTHAM RAOversusUNION OF INDIA AND ORS.

2001 INSC 526Dismissed

The Supreme Court examined appeals against the Delhi High Court’s cancellation of petrol pump, LPG and SKO dealership allotments made by the Minister of Petroleum under a discretionary quota. The Court held that the 1995 Supreme Court guidelines did not tacitly approve prior allotments, and that the …

VEERAYEE AMMALversusSEENI AMMAL

2001 INSC 529Appeal(s) allowed

The appellant entered into a sale agreement for land where time was not stipulated as the essence. When the respondent failed to execute the sale deed, the appellant sued for specific performance. The trial court and the first appellate court both held that time was not essential, the appellant was …

BANSILAL AND ORS.versusMOHAMMAD ISRAIL AND ORS.

2001 INSC 531Dismissed

The mortgagor defaulted on two consecutive instalments under the Central Provinces and Berar Relief of Indebtedness Act, 1939. The creditor obtained a certificate under Section 13(3) of the Act, which the creditor claimed operated as a final decree for foreclosure, allowing immediate possession of …

CENTRAL BANK OF INDIAversusRAVINDRA AND ORS.

2001 INSC 520Disposed off

The Supreme Court examined the meaning of "the principal sum adjudged" and "such principal sum" in Section 34(1) of the Code of Civil Procedure, 1908, in the context of bank loans that allow interest to be capitalised on periodical rests. It held that, subject to the contract or established banking …

SIDDALINGAMMA AND ANR.versusMAMTHA SHENOY

2001 INSC 521Leave Granted & Allowed

The landlady (appellant No.1) sought eviction of her tenant under Section 21(1)(h) of the Karnataka Rent Control Act, 1961, initially on the ground that her husband required treatment in Bangalore. During the pendency of the suit the husband died, and the landlady amended the petition under Order 6 …

NARAYAN GOVIND HEGDEversusKAMALAKARA SHIVARAMA HEGDE AND ANR.

2001 INSC 511Appeal(s) allowed

The widow Smt. Yenki borrowed Rs. 650 for family necessity after her husband's death and executed a promissory note. An award under the Bombay Agricultural Debtors Relief Act, 1947 created a charge on her property, which was later auctioned; the appellant purchased the land. The son (applicant) …

KRISHNA GOPAL CHAWLA AND ORS.versusSTATE OF U.P. AND ANR.

2001 INSC 501Appeal(s) allowed

The appellants, claiming landlord rights, obtained a decree for eviction, arrears of rent and damages against the State of U.P. and its agency U.P. Jal Nigam. After the decree was confirmed by the Supreme Court without alteration, the appellants sought to continue the pending execution proceedings. …

UNION OF INDIAversusM/S. POPULAR CONSTRUCTION CO.

2001 INSC 487Dismissed

An arbitral award dated 29 August 1998 was forwarded to the Union of India with a request to file it in the Bombay High Court under the Arbitration Act, 1940. The Union filed the award on 29 March 1999 and challenged it on 19 April 1999, initially invoking sections of the 1940 Act, later amending …

CHITRANJAN BURMANversusOM PRAKASH BAJORIA AND ORS.

2001 INSC 484

The landlords (Bajorias) sought eviction of the tenants (Burmans) from a shop under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 on grounds of non‑payment of rent and personal requirement. The tenants had repeatedly sent the monthly rent by postal money order to one co‑owner, …

ADCON ELECTRONICS PVT. LTD.versusDAULAT AND ANR.

2001 INSC 439Dismissed

The appellant, a seller of a land‑and‑building, executed an agreement and memorandum to sell the property to the respondents. The respondents filed a suit under clause 12 of the Letters Patent of the Bombay High Court seeking a declaration of the agreement’s validity and specific performance of the …

HARISHANKAR JAINversusSONIA GANDHI

2001 INSC 438Dismissed

The appellants Hari Shanker Jain and Hari Krishna Lal challenged the election of Sonia Gandhi to the Lok Sabha, alleging that she was not a citizen of India despite holding a certificate of citizenship under Section 5(1)(c) of the Citizenship Act, 1955. They also questioned the constitutional …

M/S. ESTRALLA RUBBERversusDASS ESTATE (PVT.) LTD.

2001 INSC 441Appeal(s) allowed

Mis. Estralla Rubber sued Dass Estate Pvt Ltd for eviction. The defendant sought to amend its written statement under Order VI Rule 17 of the CPC, but the trial court rejected the amendment on the ground that it was inconsistent and would displace an admission. The District Judge, on revision, …

LEELA SONI AND ORS.versusRAJESH GOYAL AND ORS.

2001 INSC 419Dismissed

The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961 on grounds of rent default and unauthorised occupation of a portion of the premises. The trial court decreed eviction, but the first appellate court reversed, erroneously requiring the …

BIRENDERA KUMAR DUBEY AND ANR.versusGIRJA NANDAN DUBEY AND ORS.

2001 INSC 415Appeal(s) allowed

The Supreme Court examined a second appeal (Civil Appeal No. 6060 of 2001) filed by Birendra Kumar Dubey and another against a judgment of the Patna High Court that had set aside the first appellate court's decision and restored the trial court's decree. The High Court had entertained the second …

SMITA CONDUCTORS LTD.versusEURO ALLOYS LTD.

2001 INSC 417Dismissed

Smita Conductors Ltd. (appellant) and Euro Alloys Ltd. (respondent) entered into contracts for the supply of aluminium rods that contained an arbitration clause but were never signed by the appellant. The appellant opened irrevocable letters of credit and made shipments, but later invoked a …

SRI T. PHUNZATHANGversusSRI HANGKHANILIAN AND ORS.

2001 INSC 400Appeal(s) allowed

The appellant, Sri T. Phunzathang, filed an election petition challenging the election of Sri Hangkhanilian on the ground of alleged corrupt practice under Section 123 of the Representation of People Act, 1951. The respondent contended that the copies of affidavits served on him lacked the Oath …

DADI JAGANNADHAMversusJAMMULU RAMULU AND ORS.

2001 INSC 388Dismissed

The judgment concerns a sale of immovable property executed against the judgment‑debtor, which was challenged under Order XXI Rule 89 of the CPC. The debtor filed the application and deposit on the 59th day after the sale, but the executing court rejected it, insisting that the deposit be made …

RACHAKONDA NARAYANAversusPONTHALA PARVATHAMMA AND ANR.

2001 INSC 390Appeal(s) allowed

The plaintiff entered into an agreement to purchase two plots of land, paying earnest money, but later learned that the seller lacked title to one plot (Plot B). The plaintiff sought specific performance of the contract for the remaining plot (Plot A) after relinquishing any claim to Plot B and …

BIBI SALMA KHATOONversusSTATE OF BLHAR AND ORS.

2001 INSC 383Appeal(s) allowed

The appellant claimed a right of pre-emption under Section 16(3) of the Bihar Land Reforms Act, 1961 after a sale deed was registered on 30 January 1988. He filed an application on 30 April 1988, seeking to have the land transferred to him. The issue before the Supreme Court was whether this …

U.P. STATE ELECTRICITY BOARDversusBANARAS ELECTRIC LIGHT AND POWER CO. LTD.

2001 INSC 376Dismissed

The Uttar Pradesh State Electricity Board purchased the undertaking of Banaras Electric Light and Power Co. Ltd. under the Indian Electricity (U.P.) Amendment Act, 1975, causing the undertaking to vest in the Board on 5‑6 February 1975. Uncollected electricity dues owed to the company for …

M.S. V. RAJA AND ANR.versusSEENI THEVAR AND ORS.

2001 INSC 366Directions issued

The Rajus, a religious denomination, had administered the Arulighu Mariamman temple for over a century and claimed it was a private, denominational temple. Pandarams, who performed poojas, earlier lost claims of hereditary trusteeship, and later the public (Seeni Thevar and others) sought a …

HAMEED JOHARAN (D) AND ORS.versusABDUL SALAM (D) BY LRS. AND ORS.

2001 INSC 361Dismissed

In a partition suit, a final decree was passed on 20‑Nov‑1970 but the decree holder failed to furnish the required stamp paper, delaying the drawing up of the decree. The decree holder's legal representatives filed an execution petition on 21‑May‑1984, more than twelve years after the decree. The …

BARNES INVESTMENTS LTD. AND ORS.versusRAJ K. GUPTA AND ORS.

2001 INSC 343Appeal(s) allowed

The appellants obtained a decree in England for a sum of about Rs. 3.6 crore and sought execution in Delhi, leading to attachment of the respondent's immovable property. While the attachment was pending, the respondent filed a suit in Delhi seeking a declaration that the foreign decree was void and …

N. KAMALAM (DEAD) AND ANR.versusAYYASAMY AND ANR.

2001 INSC 341Dismissed

The appellants filed a partition suit claiming title to a half of a property based on a will executed by Masane Gowder in favour of two sisters. The respondents contested the will, arguing that the property was joint family property and that the will was not properly attested. The trial court held …

V. PECHIMUTHUversusGOWRAMMAL

2001 INSC 332Appeal(s) allowed

The appellant, who had sold his immovable property to the respondent, later entered into a written agreement whereby the respondent would sell the property back to him after five years for a specified sum. After the period elapsed, the appellant demanded reconveyance, but the respondent refused, …

N.R. NARAYAN SWAMYversusB. FRANCIS JAGAN

2001 INSC 326Appeal(s) allowed

The appellant, a landlord, initially filed an eviction suit under the Karnataka Rent Control Act, 1961 on the ground of bona fide requirement, which he later withdrew after the tenant promised to vacate. When the tenant died and his son continued occupying the premises, the landlord filed a second …

SHYAM SUNDER AND ANR.versusRAM KUMAR AND ANR.

2001 INSC 323Dismissed

The appellants purchased agricultural land from vendors and the respondents, as co‑sharers, filed a suit claiming a statutory right of pre‑emption. The trial court decreed in favour of the respondents and they deposited the purchase money under Order 20 Rule 14 CPC. While the appeal was pending, the …

NAWAL KISHORE TULARAversusDINESH CHAND GUPTA AND ORS.

2001 INSC 310Disposed off

Ram Sahay filed a suit for declaration of ownership and possession of a shop. The defendant, Nawal Kishore, claimed an agreement to sell the shop existed, but the plaintiff objected to its exhibition on the grounds that it was unregistered and insufficiently stamped. The trial court upheld the …

DHURANDHAR PRASAD SINGHversusJAI PRAKASH UNIVERSITY AND ORS.

2001 INSC 308Appeal(s) allowed

The appellant, D.P. Singh, sued Jai Prakash University and others for a declaration that an order terminating his services was illegal. The suit was decreed ex parte against the college's governing body, which later became a constituent unit of the university, but the university was not impleaded. …

KEWAL CHAND MIMANI (D) BY LRSversusS.K. SEN AND ORS.

2001 INSC 302Dismissed

The appellants, K.L. Mimani and others, had a 50‑year lease of land in Howrah which was requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. Their writ petition challenging the requisition was dismissed and an appeal was filed, but the lease expired by efflux of time …

VEDABAI @VAIJAYANATABAI BABURAO PATILversusSHANTARAM BABURAO PATIL AND ORS.

2001 INSC 301Appeal(s) allowed

Vedabai filed an appeal against a trial court order but missed the prescribed period by seven days, citing illness as the reason. The Additional District Judge dismissed her application for condonation of delay, and the Bombay High Court upheld that dismissal. The Supreme Court examined whether a …

KANSHI RAM AND ANR.versusLACHHMAN (DEAD) THROUGH LRS. AND ORS.

2001 INSC 284Appeal(s) allowed

The appellants, successors to a landowner who mortgaged his property in 1946, sought restitution under the Himachal Pradesh Debt Reduction Act, 1976. After a collector dismissed their 1979 application as time‑barred, they filed a suit for possession of the mortgaged land in 1981 under sections 4 and …

CHANDRA KANTA SINHAversusORIENTAL INSURANCE CO. LTD. AND ORS.

2001 INSC 280Appeal(s) allowed

The appellant, owner of a truck involved in a fatal accident, challenged an interim compensation order of Rs. 50,000 passed by the trial court. The High Court Single Judge allowed the appellant's appeal, prompting the respondents to file a Letters Patent Appeal (LPA) under Clause 10 of the Patna …

RAJENDER SINGHversusRAMDHAR SINGH AND ORS.

2001 INSC 277Disposed off

The appellant, Rajender Singh, obtained a decree in a money suit and had the defendant's property attached and later purchased at a court auction. The respondents, who had earlier bought the same property under registered sale deeds, challenged the attachment and auction, arguing that the attachment …

RAMDEO CHAUHAN@ RAJ NATHversusSTATE OF ASSAM

2001 INSC 272Dismissed

The Supreme Court considered a review petition filed by R.D. Chauhan, who claimed he was a juvenile at the time of committing murder under Section 302 IPC and therefore could not be sentenced to death. The petition argued that the trial and appellate courts failed to apply the Juvenile Justice Act, …

AMBA BAI AND ORS.versusGOPAL AND ORS.

2001 INSC 263Appeal(s) allowed

The plaintiff filed a suit for specific performance which was dismissed by the trial court, but the first appellate court decreed in his favour. The defendant appealed this decree, and while the second appeal was pending both parties died; the plaintiff's legal representatives were brought on …

UNION BANK OF INDIAversusKHADER INTERNATIONAL CONSTRUCTION AND ORS.

2001 INSC 266Dismissed

The respondent, a public limited company, filed a suit as an indigent (in forma pauperis) plaintiff under Order XXXIII, Rule 1 of the Code of Civil Procedure. The appellant, Union Bank of India, challenged the suit, arguing that the term "person" in the Order refers only to natural persons and that …

K. RAJAMOULIversusA.V.K.N. SWAMY

2001 INSC 253Appeal(s) allowed

The dispute arose from an arbitration award where the decree did not include pendente lite interest. The decree holder sought such interest in execution, which was rejected, leading to a series of revision, interlocutory, and review petitions in the High Court. While a review petition was pending, …

M/S SIKKIM SUBBA ASSOCIATESversusSTATE OF SIKKIM

2001 INSC 236Disposed off

Mis Sikkim Subba Associates was appointed by the State of Sikkim as the organising agent for state lotteries. A dispute over payments led to arbitration under the Arbitration Act, 1940, where the arbitrator awarded the appellants Rs 37.75 crore in damages. The State sought to set aside the award …

R. LAKSHMI NARAYANversusSANTHI

2001 INSC 241Dismissed

The husband filed a petition under Section 5(ii) read with Section 12(1)(b) of the Hindu Marriage Act seeking a declaration that his marriage was null and void because his wife allegedly suffered a chronic, incurable mental disorder and refused cohabitation. The trial court dismissed the petition …

RAMBHAU AND ANR.versusSTATE OF MAHARASHTRA

2001 INSC 231Dismissed

The appellant, a Sub‑Inspector of Police, and a co‑accused were tried under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The trial court acquitted them, but the High Court reversed the acquittal and convicted them, citing that the demand for illegal gratification on 24 …

M/S. INTERNATIONAL WOOLEN MILLSversusM/S. STANDARD WOOL (U.K.) LTD.

2001 INSC 227Case Partly allowed

International Woolen Mills (appellant) placed an order for wool with Standard Wool (U.K.) Ltd. (respondent) which it later rejected as inferior and withheld payment. The respondent obtained an ex‑parte decree in the Central London County Court and sought execution in Ludhiana, India. The appellant …

MADHUKAR AND ORS.versusSANGRAM AND ORS.

2001 INSC 220Disposed off

The respondents filed a declaratory suit claiming joint ownership of the suit property and seeking to declare certain gift and sale deeds ineffective. The trial court dismissed the suit on the grounds of limitation and that a prior decree (O.S. No. 93/71) operated as res judicata against Defendant …

V.K. PALANIAPPA CHETTIAR (DEAD) BY LRS.versusRAMASAMI GOUNDER AND ANR.

2001 INSC 213Dismissed

The appellant, the estate of V.K. Palaniappa Chettiar, had mortgaged property that was later auctioned and purchased by the respondent. The sale was confirmed under Order 21 Rule 92 of the CPC, and the appellant's application under Order 21 Rule 90 to set aside the sale was dismissed. The appellant …

SARASWATHI AND ANR.versusS. GANAPATHY AND ANR.

2001 INSC 192Dismissed

The original owner sold two adjoining parcels to the appellants and the first respondent, each deed describing a specific area and granting a right of ingress and egress over an open passage. The first respondent later executed a Release Deed relinquishing all rights except passage, but subsequently …

SRI MOHAN WAHIversusCOMMISSIONER, INCOME TAX, VARANASI AND ORS

2001 INSC 187Appeal(s) allowed

The appellant, a partnership firm, owned a house property that was attached and proclaimed for sale under tax recovery proceedings. The property was auctioned in 1980 and a bid was accepted, but the tax demands against the firm were later reduced to nil after successful appeals before the Income Tax …

UNION OF INDIA AND ORS.versusRAKESH KUMAR

2001 INSC 188Appeal(s) allowed

The respondent, a former constable of the Border Security Force (BSF), resigned after 12 years and 8 months of service under Rule 19 of the BSF Rules, 1969. The Government of India, relying on a 1995 Government Order, granted him full pensionary benefits, which were not released, leading to a writ …

JAYALAKSHMI COELHOversusOSWALD JOSEPH COELHO

2001 INSC 127

Jayalakshmi Coelho and Oswald Joseph Coelho, married under the Special Marriage Act, executed a mutual‑consent divorce agreement on 26 July 1991 that also dealt with property and child‑custody matters. Their petition for divorce sought only a decree of divorce, and the Family Court granted it …

SHAW WALLACE AND CO. LTD.versusGOVINDAS PURUSHOTHAMDAS AND ANR.

2001 INSC 121Dismissed

The landlords applied under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for fixation of fair rent of premises occupied by Shaw Wallace & Co. The Rent Controller and the Appellate Authority excluded a 1,752 sq.ft. area described as "platform and henpen" from the building, …

RAM SAHAN RAIversusSACHIV SAMANAYA PRABANDHAK AND ANR.

2001 INSC 101Disposed off

The appellant, a clerk of a District Cooperative Bank, was dismissed without a charge‑sheet, show‑cause notice or hearing. He filed a suit seeking a declaration that the dismissal was illegal and that he should be reinstated with consequential benefits. The lower appellate court held the dismissal …

STAR CONSTRUCTION AND TRANSPORT CO. AND ORS.versusTHE INDIA CEMENTS LTD.

2001 INSC 84Dismissed

Star Construction and Transport Co. and others appealed against The India Cements Ltd. after a non‑speaking arbitration award of Rs. 65,00,000 was reduced to Rs. 49,00,000 by the respondent, who claimed a set‑off of Rs. 16,00,000 arising from two suits pending before the High Court. The respondent …

SANTOSH HAZARLversusPURUSHOTTAM TIWARL (DEAD) BY LRS

2001 INSC 80Appeal(s) allowed

Santosh Hazari filed a suit for declaration of title, recovery of possession and a permanent injunction against Purushottam Tiwar, alleging dispossession of a portion of his land. The trial court decreed in favour of Hazari, rejecting the defendant's claim of adverse possession and the defence of …

LEKH RAJversusMUNI LAL AND ORS.

2001 INSC 72Dismissed

The landlord filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, alleging non‑payment of rent, unauthorised sub‑letting and that the shop was dilapidated and unfit for human habitation. The trial court ordered eviction, but the appellate court set aside …

MAHENDRA KUMARversusLALCHAND AND ANR.

2001 INSC 73Appeal(s) allowed

The appellant Mahendra Kumar filed a suit for partition of property with his mother, which resulted in a preliminary decree granting equal shares to mother and son, and a final decree after a document alleged the son had relinquished his share, giving equal shares to the mother and respondent No.1. …

UNION OF INDIA AND ORS.versusMANAGER, M/S JAIN AND ASSOCIATES

2001 INSC 75Appeal(s) allowed

The Union of India and others appealed against a decree passed by the High Court under Section 17 of the Arbitration Act, 1940 after an arbitrator's award, where the appellants had not filed objections within the prescribed 30‑day period. The High Court had held that such a decree was not an …

MANOJI RAOversusT. KRISHNA AND ORS.

2001 INSC 22Dismissed

The respondents filed a suit seeking a declaration of ownership of site No.20 in Bangalore, relying on an allotment letter (19‑July‑1973) and a possession certificate (18‑March‑1981) issued by the Bangalore Development Authority. The appellant claimed prior possession of a portion of the site and …

E.S. RAJARAM AND ORS.versusUNION OF INDIA AND ORS.

2001 INSC 14Dismissed

The case concerned Traffic Apprentices recruited by Indian Railways before 15‑May‑1987 who claimed entitlement to the higher pay scale (Rs 1600‑2660) introduced for post‑cut‑off recruits. The Supreme Court had earlier, in Union of India v. M. Bhaskar, upheld the Railway Board's memorandum limiting …

MAKHAN LAL BANGALversusMANAS BHUNIA AND ORS.

2001 INSC 1Appeal(s) allowed

The respondent, a defeated candidate, filed an election petition challenging the election of the appellant to the West Bengal Legislative Assembly on grounds of corrupt practices under Sections 123(2), (4) and (7) of the Representation of the People Act, 1951. The Calcutta High Court found several …

T. SUDHAKAR PRASAD ETC.versusGOVT. OF A.P. AND ORS.

2000 INSC 595Disposed off

A contempt application was filed under Section 17 of the Administrative Tribunals Act, 1985 before the Andhra Pradesh Administrative Tribunal against the Principal Secretary for wilful disobedience of the Tribunal's order. The State and the Principal Secretary challenged the Tribunal's jurisdiction …

RATAN SINGHversusVIJAY SINGH AND ORS.

2000 INSC 583Appeal(s) allowed

Ratan Singh obtained a decree for possession of his property in 1970, but did not file an execution petition. The respondent filed a first appeal, dismissed in 1973, and later a second appeal which the High Court rejected as time‑barred. Ratan Singh later relied on the High Court order to revive the …

WESTERN PRESS PVT. LTD., MUMBAIversusTHE CUSTODIAN AND ORS.

2000 INSC 572Dismissed

Western Press Pvt. Ltd., a company that was not a party to the proceedings before the Special Court under the Securities Act, 1992, sought to prevent its premises from being attached for recovery of public money siphoned through a group of companies. The Special Court had passed a consent decree …

D.P. CHADHAversusTRIYUGL NARAIN MISHRA AND ORS.

2000 INSC 569Case Partly allowed

The appellant, advocate D.P. Chadha, was engaged by his client, Triyugi Narain Mishra, to defend an ejectment suit. While the client was away, Chadha used a blank vakalatnama and blank paper signed by the client to fabricate a compromise petition and a receipt, causing a decree for eviction without …

RAMON SERVICES PVT. LTD.versusSUBHASH KAPOOR AND ORS.

2000 INSC 519Disposed off

Ramon Services Pvt. Ltd., a tenant, faced an eviction suit. On the scheduled trial date, the firm's advocates did not appear because of a lawyers' strike, leading the trial court to pass an ex‑parte decree against the appellant. The appellant's applications to set aside the decree and the subsequent …

MAHAVIR SINGH AND ORS.versusNARESH CHANDRA AND ANR.

2000 INSC 510Appeal(s) allowed

The respondents filed a suit for specific performance of a sale agreement, which was dismissed by the trial court. During trial the agreement was sent for forensic examination, revealing interpolations, and the respondents sought to have the original and a copy examined by a forensic laboratory …

FEDERAL BANK LTD.versusV.M. JOG ENGINEERING LTD. AND ORS.

2000 INSC 472Appeal(s) allowed

The buyer entered into a contract for steel bars and opened a Letter of Credit (LC) with the Issuing Bank. The seller presented documents, including forged delivery challans, to the Negotiating Bank (Federal Bank), which, after obtaining certification from the Issuing Bank that the documents …

JOGINDER PALversusINDIAN RED CROSS SOCIETY AND ORS.

2000 INSC 470Dismissed

Ms. Raj Mohini executed a 1985 will in favour of the Indian Red Cross Society and a later 1987 will revoking the former and bequeathing her assets to Joginder Pal. After her death, the Red Cross Society applied for a succession certificate, but the court dismissed the application and granted a …

GRAM PANCHAYAT OF VILLAGE NAULAKHAversusUJAGAR SINGH AND ORS.

2000 INSC 465Appeal(s) allowed

The Gram Panchayat of Village Naulakha filed an application under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961 seeking to set aside an earlier injunction decree obtained by the respondents in 1975, alleging that the decree was the result of collusion between the respondents and …

A. VENKATASUBBIAH NAIDUversusS. CHELLAPPAN AND ORS.

2000 INSC 450Disposed off

The plaintiff filed a suit for permanent injunction and simultaneously obtained an ex parte temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The trial court’s order required the plaintiff to give notice and deliver documents to the opposite party as mandated by the …

SMT. DILBOO (DEAD) BY LRS. AND ORS.versusSMT. DHANRAJI (DEAD) AND ORS.

2000 INSC 440Appeal(s) allowed

The case concerned a suit for redemption of a mortgage executed in 1902 by a widow, Lakshamania, in favour of Ram Charan Sonar. The plaintiff, claiming to be an heir of Lakshamania, filed the suit in 1960 after a series of subsequent mortgages, sales and redemptions involving the property. The trial …

STATE OF M.P. AND ANR.versusPRADEEP KUMAR AND ANR.

2000 INSC 441Appeal(s) allowed

The respondents filed a suit against the State of Madhya Pradesh and a sales tax officer, which was dismissed for lack of jurisdiction. The District Judge reversed that decision, and the State filed a second appeal before the High Court but omitted the required application for condonation of delay …

LAKSHMI NARAYANANversusS.S. PANDIAN

2000 INSC 430Appeal(s) allowed

The appellant, Lakshmi Narayanan, obtained an ex parte eviction decree against tenant S.S. Pandian under the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 and filed an execution petition. During execution proceedings the parties compromised: the tenant surrendered part of the premises and …

NAVINCHANDRA N. MAJITHIAversusSTATE OF MAHARASHTRA AND ORS.

2000 INSC 431Appeal(s) allowed

Navinchandra N. Majithia entered into a share‑sale agreement that was later terminated, after which the buyer filed a false complaint in Shillong, Meghalaya. Majithia filed a writ petition in the Bombay High Court under Article 226 seeking to quash the complaint or, alternatively, to direct the …

THIMMAIAH AND ORS.versusNINGAMMA AND ANR.

2000 INSC 414Case Partly allowed

The son of the deceased Karta filed a suit for partition of twelve properties, alleging that the Karta had illegally gifted two ancestral items to his second wife and four coparcenary items to his unmarried daughter. The trial court and the first appellate court held the gifts void for lack of …

M.V. AL. QUAMARversusTSAVLIRIS SALVAGE (INTERNATIONAL) LTD. AND ORS.

2000 INSC 402Dismissed

The Supreme Court considered an execution petition filed in the Andhra Pradesh High Court under Section 44‑A of the Civil Procedure Code to enforce a money decree passed by the English Admiralty Court against the owner of the vessel M.V. Al Quamar. The appellant argued that Section 44‑A could not be …

SHRI VISHIN N. KHANCHANDANI AND ANR.versusVIDYA LACHMANDAS KHANCHANDANI AND ANR.

2000 INSC 400Appeal(s) allowed

The deceased holder of several National Savings Certificates (NSC) died, and his widow and daughter sought a succession certificate under s.370 of the Indian Succession Act for the debts and securities, including the NSCs where the deceased had nominated his brother and step‑brother as nominees. The …

SANTAKUMARI AND ORS.versusLAKSHMI AMMA JANAKI AMMA (D) BY LRS. AND ORS.

2000 INSC 394Dismissed

The suit concerned a property originally belonging to Krishnan Nair, which was attached in execution. To raise funds, Nair executed a sale deed (Exhibit A‑5) in favour of Kesavan Channar, simultaneously executing an agreement (Exhibit A‑6) to sell the same property to his relative Kochu Kunja Nair …

MARWARI KUMHAR AND ORS.versusBHAGWANPURI GURU GANESHPURI AND ANR.

2000 INSC 396Disposed off

The Marwari Kumhar community, which used a dharamshala for religious functions, sued the heirs of a former pujaris (the respondents) for a declaration of title to the property in 1945. The trial court and later the High Court affirmed the community's title, holding the respondents were merely …

UTTAM SINGH DUGAL AND CO. LTD.versusUNITED BANK OF INDIA AND ORS.

2000 INSC 380Dismissed

The petitioner, a construction company, entered into a project financed by a consortium of banks. The first bank filed a suit for recovery and, within that suit, sought a judgment on admission under Order XII Rule 6 of the CPC, relying on a board resolution and minutes that admitted liability for a …

RAJENDRA KUMARversusKALYAN (DEAD) BY LRS.

2000 INSC 370Dismissed

The appellant Rajendra Kumar claimed possession of property left by Mohanlal, asserting that he had been adopted by Radhabai, the widow of Mahadeo, who was allegedly an adopted son of Mohanlal. The lower courts held that the adoption of a child by a widow to her deceased husband under Section 8 of …

AJAIB SINGH AND ORS.versusSMT. TULSI DEVI

2000 INSC 372Appeal(s) allowed

The case concerned an agreement whereby the plaintiff, Tulsi Devi, agreed to purchase part of a government‑allotted property (Block 67‑B) and, upon repayment of a loan, acquire the remaining part (Block 67‑A). The plaintiff claimed specific performance of the agreement to obtain Block 67‑A, …

PUNJAB NATIONAL BANK, DASUYAversusCHAJJU RAM AND ORS.

2000 INSC 366Appeal(s) allowed

Punjab National Bank sued Chajju Ram and others for a principal sum of Rs 6,19,250. The trial court decreed the amount with interest, totalling Rs 12,91,398, and the bank filed an execution application. After the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 came into force and …

PROBODH CHANDRA GHOSHversusURMILA DASSI AND ANR.

2000 INSC 352Appeal(s) allowed

The dispute concerned possession of a suit‑property that had been sold to the appellant, Probodh Chandra Ghosh, while the respondent, Urmila Dassi, claimed title as the heir of the original owner. The appellant filed an application under Section 144 of the CPC on 17 April 1986 for restoration of …

KUNHAYAMMED AND ORSversusSTATE OF KERALA AND ANR.

2000 INSC 339Dismissed

The Kerala Forest Tribunal held that a 1,020‑acre tract of private forest did not vest in the Government. The State of Kerala appealed to the High Court, which dismissed the appeal on 17‑Dec‑1982. No statutory remedy of appeal, revision or review was then available, so the State filed a Special …

GHAZIABAD DEVELOPMENT AUTHORITY ETC. ETC.versusUNION OF INDIA AND ANR.

2000 INSC 331

Ghaziabad Development Authority (GDA) advertised several schemes for allotment of developed plots, collected deposits from allottees, and then failed to deliver possession within a reasonable time. The aggrieved allottees obtained orders from the MRTP Commission, Consumer Forum and High Court …

S.M. DYECHEM LTD.versusCADBURY (INDIA) LTD.

2000 INSC 312Dismissed

S.M. Dyachem Ltd. (plaintiff) claimed that its registered trademark “PIKNIK” for food products was infringed by Cadbury (India) Ltd.’s use of “PICNIC” on chocolates and sought a temporary injunction. The High Court set aside the trial court’s injunction, holding that the marks differed in essential …

K.S. BHOOPATHY AND ORS.versusKOKILAAND ORS.

2000 INSC 300Appeal(s) allowed

The plaintiffs filed a suit for injunction to stop the defendants from operating a flour mill and to claim exclusive user rights over a pathway. The trial court granted an injunction and exclusive user rights; the first appellate court modified the decree, holding the pathway was common. Before the …

LILY THOMAS, ETC. ETCversusUNION OF INDIA AND ORS.

2000 INSC 293Dismissed

The Supreme Court dismissed a review petition and several writ petitions filed by Lily Thomas and others seeking to set aside the earlier judgment in Sarla Mudgal’s case, which held that a Hindu husband who converts to Islam without dissolving his first marriage commits bigamy under Section 494 IPC. …

RAMAVILASOM GRANDHASALAAND ORS.versusN.S.S. KARAYOGAM

2000 INSC 297Appeal(s) allowed

The plaintiff‑respondent filed a suit for declaration and possession which was dismissed, and the subsequent appeal was also dismissed. The plaintiff then filed a second appeal under Section 100 of the Code of Civil Procedure before the Kerala High Court. The High Court entertained the second appeal …

STATE OF RAJASTHANversusHARPHOOL SINGH (DEAD) THROUGH HIS LRS.

2000 INSC 285Appeal(s) allowed

The State of Rajasthan appealed against a decree granting title to a plot of land to the deceased Harphool Singh on the basis of adverse possession. The plaintiff claimed continuous, open and hostile possession since 1955, supported only by oral statements and electricity/water bills, and later …

M/S. ESSAR CONSTRUCTIONSversusN.P. RAMA KRISHNA REDDY

2000 INSC 278Dismissed

Essar Constructions appealed a Supreme Court order dismissing its appeal against a High Court decision that had condoned delay in filing an application under Section 30 of the Arbitration Act, 1940. The dispute arose from three arbitrators where two awards favored Essar and one favored the …

LIAQ AHMED AND ORS.versusSHRI HABEEB-UR-REHMAN

2000 INSC 267Appeal(s) allowed

The respondent, claiming ownership of a Delhi premises through a sale deed, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958, invoking bona‑fide requirement. The appellants, tenants, contended that the property was vested in the Custodian of Enemy Property for …

MADHVI AMMA BHAWANI AMMA AND ORS.versusKUNJIKUTTY PILLAI MEENAKSHI PILLAI AND ORS.

2000 INSC 264Appeal(s) allowed

The plaintiff filed a suit for declaration as legal heir and partition of property and simultaneously applied for a Succession Certificate under the Indian Succession Act, 1925 to claim insurance proceeds. The trial court declared the plaintiff the sole heir and granted the certificate; the …

BABULALversusHABIBNOOR KHAN (DEAD) BY LRS. AND ORS.

2000 INSC 258Appeal(s) allowed

The case concerned a dwelling‑house owned by an undivided family in which one co‑owner sold his one‑third share to Babu Lal, a stranger to the family. Respondent No.1, the decree‑holder in a partition suit, sought a decree under Section 4 of the Partition Act, 1893, to buy out Babu Lal's share, even …

R.N. DEY AND ORS.versusBHAGYABATI PRAMENIK AND ORS.

2000 INSC 229Appeal(s) allowed

The State of West Bengal, having acquired land under the Estates Acquisition Act, 1953, was ordered by a Land Acquisition Judge to pay compensation to certain claimants. The State later discovered that the claimants had no title to the land and sought to vacate the interim payment order of the …

ALLAHABAD BANKversusCANARA BANK AND ANR.

2000 INSC 207Appeal(s) allowed

Allahabad Bank obtained a decree against M.S.Shoes (East) Co. Ltd. before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, and the Recovery Officer sold the company's assets. Canara Bank, whose claim was pending before the same DRT, …

UNION OF INDIAversusERA EDUCATIONAL TRUST AND ANR. ETC.

2000 INSC 188Appeal(s) allowed

Respondent Era Educational Trust applied to the Central Government for consent to establish a medical college, which was rejected after two inspections by the Medical Council of India. The Trust filed a writ petition under Article 226 of the Constitution, and the Allahabad High Court, without …

STATE OF ANDHRA PRADESHversusMANJETI LAXMI KANTHA RAO (DEAD) BY LRS. AND ORS.

2000 INSC 186Dismissed

The State of Andhra Pradesh appealed against a High Court order that set aside a trial court decree granting a declaration that a property was not subject to any public or charitable trust under the Madras Hindu Religious and Charitable Endowments Act, 1951. While the suit was pending, the Andhra …

MONHINDER KAURversusKUSAM ANAND

2000 INSC 157Appeal(s) allowed

The plaintiff, Mohinder Kaur, sued the defendant, Kusamanand, for eviction and mesne profits of a ground‑floor residential premises, alleging the defendant was a trespasser. The defendant claimed she had been let in as a tenant by D.K. Chadha, who held a power of attorney for the plaintiff, and …

ROOP SINGH (DEAD) THROUGH LRSversusRAM SINGH (DEAD) THROUGH LRS.

2000 INSC 158Appeal(s) allowed

Roop Singh, the plaintiff, owned 15.32 acres of agricultural land and sued Ram Singh for illegal possession. The defendant claimed he had purchased the land 14 years earlier, sought protection under Section 53A of the Transfer of Property Act, and alleged title by adverse possession. The trial court …

KHALEEL AHMED DAKHANIversusTHE HATTI GOLD MINES CO. LTD.

2000 INSC 154Dismissed

The appellant, a building contractor, was awarded a contract by the respondent, a Karnataka government company, to construct a school. The contract contained an arbitration clause (clause 35) stipulating that any dispute would be arbitrated and that enforcement actions would be heard only in courts …

KHARAITI LALversusRAMINDER KAUR AND ORS.

2000 INSC 144Appeal(s) allowed

The appellant mortgaged an industrial plot and failed to deposit the decree amount, leading to a foreclosure suit and auction of the property. The auction sale was confirmed by the trial court, but the appellant challenged it under Order 21 Rule 90 and later deposited amounts during the pendency of …

UNITED INDIA INSURANCE CO. LTD.versusRAJENDRA SINGH AND ORS. ETC.

2000 INSC 138Appeal(s) allowed

The Motor Accident Claims Tribunal awarded compensation to Rajendra Singh and his son Sanjay Singh for injuries allegedly sustained in a 1993 road accident involving an insured vehicle. United India Insurance Co. later discovered police reports indicating the claimants were actually injured in a …

DILIPversusMOHD. AZIZUL HAQ AND ANR.

2000 INSC 141Appeal(s) allowed

The landlord filed a suit for possession of a plot, claiming it was open land not covered by the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, and that the tenancy had expired. The tenant appealed, arguing that the plot formed part of a house and that the amendment …

BANK OF INDIAversusLEKHIMONI DASS AND ORS.

2000 INSC 133Dismissed

The plaintiffs, decree‑holders of a godown, obtained a decree for possession in Title Suit No. 77/59 and, after execution, were prevented from removing oil‑seed bags by injunctions obtained by the Bank of India and a partnership firm claiming pledgee rights under Order XXI Rules 100 and 101 CPC. The …

ROHINI PRASAD AND ORS.versusKASTURCHAND AND ANR.

2000 INSC 119Dismissed

The dispute concerned agricultural land in Madhya Pradesh where the original bhumiswami sold the land to the respondent but had earlier granted a one‑year lease to the appellant. The appellant claimed the lease was renewed for a second year, thereby acquiring bhumiswami rights under the Madhya …

G.P. SRIVASTAVAversusSHRI R.K. RAIZADA AND ORS.

2000 INSC 120Appeal(s) allowed

The appellant, a tenant, was subject to an ex‑parte decree for arrears of rent, ejectment and damages after failing to appear at the hearing on 10 March 1983. He filed an application under Order 9 Rule 13 of the Code of Civil Procedure, claiming that his absence was due to official duties, illness, …

MUSHIR MOHAMMED KHAN (DEAD) BY LRS.versusSMT. SAJEDA BANO AND ORS.

2000 INSC 116Disposed off

The plaintiff, who had bought a house for Rs 3,000, sold it to the defendant for Rs 1,000 by a sale deed, and shortly thereafter executed an agreement to reconvey the property on repayment of Rs 1,000 within two years, also executing a rent note to pay rent to the defendant. The plaintiff sued for …

NEW INDIA ASSURANCE CO. LTD.versusR. SRINIVASAN

2000 INSC 107Dismissed

R. Srinivasan filed a complaint before the State Consumer Disputes Redressal Commission seeking damages for loss to his insured vehicle. The complaint was dismissed for default and his application for restoration was also rejected. He then filed a fresh complaint before the District Consumer …

HALDIRAM BHUJIAWALA AND ANR.versusANAND KUMAR DEEPAK KUMAR AND ANR

2000 INSC 109Dismissed

The plaintiffs, an unregistered partnership firm, sued the defendants for permanent injunction and damages alleging infringement of their registered trademark. The defendants moved to dismiss the suit under Order 7 Rule 11, arguing that Section 69(2) of the Partnership Act, 1932 barred any action by …

SAJJADANASHIN SAYED MD. B.E. EDR. (D) BY LRS.versusMUSA DADABHAI UMMER AND ORS.

2000 INSC 95Dismissed

The Supreme Court examined whether earlier judgments concerning the status of three wakf rozas could bar a fresh proceeding under the Bombay Public Trusts Act, 1950. It clarified that a prior decision is res judicata only when the issue was "directly and substantially" in dispute, not merely …

KADIYALA RAMA RAOversusGUTALA KAHNA RAO (DEAD) BY LRS. AND ORS.

2000 INSC 89

The appellant purchased a house at a court auction in execution of a mortgage decree. The respondents, who were judgment‑debtors, filed an application under Order 21 Rule 90 of the CPC seeking to set aside the sale on the ground that the property was not saleable for 15 years due to a lease …

MONOTOSH KUMAR MITRA (DEAD) BY LRS.versusAMRENDRANATH SHAW (DEAD) AND ORS.

2000 INSC 86

In a mortgage suit, a preliminary decree dated 18 November 1968 ordered the defendants to pay Rs.24,000 in four annual instalments, with the first instalment due on 31 March 1969. The decree allowed the plaintiff to apply for a final decree for sale of the mortgaged property upon any default, …

RESHMU AND ORS.versusRAJINDER SINGH AND ORS.

2000 INSC 78Appeal(s) allowed

The land was jointly owned by Nand Lal and Bassia; Bassia sold his undivided share to three persons. Suram Singh, son of the other joint owner, filed a pre-emption suit which was decreed in his favour and he deposited the required amount. He later sued the purchasers' successors for a declaration of …

DAMJIBHAI BIJIBHAI VASAVAversusRANCHHODBHAI ZINABHAI AND ORS.

2000 INSC 59Appeal(s) allowed

The respondents filed a partition suit involving land assessed for revenue. The trial court, invoking Section 54 of the Code of Civil Procedure, referred the partition to the Collector, who issued an order. The Collector's order was challenged before the Deputy Secretary under Section 211 of the …

UNION OF INDIAversusE.I.D. PARRY (INDIA) LTD.

2000 INSC 44Appeal(s) allowed

The respondent, E.I.D. Parry (India) Ltd., sued the Union of India for recovery of demurrage charged by the Railways for failing to unload ten box wagons within the free time. The trial court decreed a partial refund and the High Court upheld that decree but, on its own motion, struck down Part 1A …

V.NARAYANASWAMYversusC.P. THIRUNAVUKKARASU

2000 INSC 24Dismissed

The appellant, a defeated candidate, filed an election petition challenging the Rajya Sabha election of the respondent on alleged corrupt practices, including bribery, undue influence, and the appointment of party‑affiliated persons to state corporations. The petition was found to lack material …

BHAGWANDAS FATECHAND DASWANI AND ORS.versusH.P.A. INTERNATIONAL AND ORS.

2000 INSC 19Appeal(s) allowed

In this civil appeal, the appellant (subsequent purchasers) challenged a Madras High Court decree for specific performance that had been affirmed after a trial court judgment. The High Court hearing concluded on 22 March 1989, but the judgment was delivered only on 24 January 1994, a delay of nearly …

MAHARASHTRA VIKRIKAR KARAMCHARI SANGATHANversusSTATE OF MAHARASHTRA AND ANR

2000 INSC 15Disposed off

Two direct recruits challenged a seniority list of Sales Tax Inspectors issued by the State of Maharashtra, which was quashed by the Maharashtra Administrative Tribunal (MAT) and upheld by the Supreme Court on res judicata grounds. The State issued a fresh seniority list in 1992, which the promotees …

USHA HARSHAD KUMAR DALALversusM/S. ORG SYSTEMS AND ORS.

2000 INSC 6Dismissed

The appellant, Usha Harshad Kumar Dalal, a co‑owner of a building, filed a partition suit in 1978 and a Court Receiver was appointed who took symbolic possession while Suhrid Geigy Trading Ltd. (R‑2) occupied the premises. After the licence expired, the amendment to the Bombay Rents, Hotel and …

B.K.N. PILLAIversusP. PILLAI AND ANR.

1999 INSC 554Appeal(s) allowed

The plaintiff B.K.N. Pillai sued P. Pillai for eviction, alleging that the defendant was a licensee. The defendant initially pleaded that he was a lessee, but later sought to amend his written statement to add an alternative defence that, if he were a licensee, his licence was irrevocable under …

ISHWAR DASS JAIN (DEAD) THROUGH L.RS.versusSOHAN LAL (DEAD) BY L.RS.

1999 INSC 533Appeal(s) allowed

The appellant, the legal representative of the mortgagor, filed a suit for redemption of a usufructuary mortgage and possession of a shop. The defendant claimed the mortgage was a sham designed to evade rent‑control law and that the parties were landlord and tenant. The trial court and the first …

ANIL KUMAR GUPTA AND ORS.versusMUNICIPAL CORPORATION OF DELHI AND ORS.

1999 INSC 529Disposed off

The Supreme Court examined appeals arising from the Delhi High Court’s order on the appointment of Assistant Engineers (Civil) in the Municipal Corporation of Delhi. The Court held that respondents could challenge adverse findings of the High Court even without filing a separate appeal. It clarified …

AJIT KUMAR RATHversusSTATE OF ORISSA

1999 INSC 510Appeal(s) allowed

The appellant, an engineer promoted on an ad‑hoc basis in 1972 pending Public Service Commission approval, challenged the seniority list that placed direct recruits appointed the same year ahead of him. The Orissa Administrative Tribunal initially held the appellant senior, but on review reversed …