Created by Fuzzy Cloud | Our 2nd AI-Powered Solution
4176 judgments · newest first · showing 3601–3800
The petitioners filed a suit for settlement of accounts and a declaration that they were entitled to recover damages under a contract dated May 12, 1983. They later applied, under Order VI Rule 17 of the CPC, to amend the plaint to convert the suit into a damages suit by quantifying the claimed …
Mis Motors and Investments Ltd. had purchased 44 acres of land at a court auction for Rs 77,500 after no other bids were received. The land belonged to insolvent respondents whose interest vested in the official assignee, who was directed to sell the property. On appeal, other respondents offered …
Ninge Gowda filed a suit for declaration of title and injunction, claiming that the land in dispute was ancestral property that had been partitioned among his father and his father's brothers before 1936, and subsequently partitioned again in 1936 between Ninge Gowda and his brothers, with a …
Vipin Chandra Hiralal Shah, a Gujarat Administrative Service officer, was omitted from the 1979 promotion list and thereafter no separate select lists were prepared for 1980‑85. In 1986‑87 a consolidated list covering vacancies from 1980‑86 was prepared, again excluding Shah. He challenged this …
In a suit concerning the dissolution of a partnership, a receiver was appointed to preserve the disputed property, which included a restaurant premises occupied by the appellant, Anthony C. Leo, as a tenant. The receiver filed reports alleging that the tenant had made unauthorised constructions and …
The father of three minor sons filed a title suit in which the minors were added as co-plaintiffs and a court‑appointed guardian was assigned. After the suit was compromised, the father, acting as natural guardian, sold the suit land to the first respondent without obtaining prior court sanction, …
S. Jaffar Sahib, a general‑category candidate, was denied appointment as Deputy Collector for the 1980‑81 recruitment, where five posts were reserved and five were open. He challenged the appointment of six candidates from reserved categories, alleging that the reservation rules were violated. The …
Manvantrai Mehta died leaving property and a will of his wife Kamlaben. The sons, including Chandravadan Mehta, obtained probate of Kamlaben’s will in 1987. The other children, led by Nalini Navin Bhagwati, filed an application under Section 263 of the Indian Succession Act to revoke that probate. …
The appellants, tenants of agricultural land, applied under Section 22 of the Pepsu Tenancy and Agricultural Lands Act, 1955 in 1960 but were rejected for not having twelve years' continuous possession. A second application in 1965 was allowed, and the Financial Commissioner confirmed the order. The …
Basappa filed a divorce petition under Section 13(1)(i‑b) of the Hindu Marriage Act and obtained an ex‑parte decree on 15‑12‑1989. Basappa died on 26‑05‑1990; the wife, Shantavva, claimed she only learned of the decree on 31‑03‑1990 and was not properly served, filing an application under Order IX …
The appellant, Sri Hanumanthappa, filed a partition suit in 1966 and obtained a compromise decree in 1990 granting him a share of 39 guntas of land, for which he was put in possession by the Tehsildar in 1993. The respondent, Sri Muninarayanappa, had purchased the same land from a co‑sharer in 1986, …
The appellant, Joginder Tuli, occupied a premises under a lease dated 21 December 1990 at a rent of Rs.6,000 per month. The respondent, S.L. Bhatia, terminated the tenancy on 15 March 1993 and instituted suit No.133/1993 for possession, valuing the suit at Rs.72,000. The respondent later amended the …
The appellant, residing in Malaysia, was served summons for a suit seeking declaration of title and possession of property. The suit was decreed ex‑parte on 22 July 1986. Upon learning of the decree on 13 November 1986, the appellant filed an application under Order IX, Rule 13 of the Code of Civil …
The State of Bihar acquired 43.14 acres of land with trees under the Land Acquisition Act, 1894, and the Land Acquisition Officer valued the trees at Rs 2,466, a valuation upheld by the reference court and embodied in a decree dated 27 March 1980. The State paid compensation and the respondents …
The deceased V. Madhava Raja left unpaid income tax, wealth tax and agricultural income tax. A partition suit was filed, and the State sought to recover the tax dues by attaching the estate, eventually ordering the sale of the property Devi Vilas Palace by public auction. The auction purchaser …
The respondents, a registered partnership firm, filed a suit to recover Rs. 58,880 on a promissory note dated 1 April 1960. During the pendency of the suit one of the partners died, and the trial court dismissed the suit on the ground that the deceased partner’s legal representatives had not been …
The husband obtained an ex‑parte decree of divorce and subsequently died. The wife (appellant) filed an application under Order IX Rule 13 of the Code of Civil Procedure to set aside the decree, asserting that it affected her marital status and property rights. The trial court dismissed the …
The widow Smt. Phoola was allotted land in 1932 as part of a family compromise for her maintenance and her name was entered in revenue records. She later sold the land in 1956 to the respondents, but other members of the Hindu Undivided Family challenged the sale, claiming she only held a limited …
The respondents filed a suit for partition and mesne profits, and the appellant claimed he was a tenant under a 1969 lease deed. The Tenancy Tribunal, the Kerala High Court and the Supreme Court (via special leave) held that he was not a tenant because Section 74 of the Kerala Land Reforms Act …
In a suit for specific performance, the trial court passed a conditional decree requiring the respondent to deposit Rs.1,80,000 by 21 April 1994. The Karnataka High Court, on the respondent’s application, extended the time by three months. The petitioners then filed an application under Section 28 …
The parties entered into a compromise decree while an appeal was pending, obligating the respondents to deposit specified sums and the appellants to surrender possession of land and machinery. The respondents failed to deposit the amounts by the stipulated deadline; the High Court later accepted the …
The respondent filed a suit for declaration of title and injunction against the appellant, but personal service was not effected and substitute service by newspaper failed to reach the appellant. An ex‑parte decree was passed on March 30, 1985. Upon learning of the decree in 1990, the appellant …
The appellants, co‑sharers of a parcel of land in the town of Hajipur, sought a re‑transfer of the land that had been sold to a third party under a registered deed. They invoked Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, which allows …
The appellant, a daughter-in-law, was in possession of a property when her mother‑in‑law filed a suit for possession. The appellant was set ex parte and sought restoration of the decree. The Delhi High Court ordered that the appellant deposit mesne profits of Rs 2,000 per month from the date of the …
The case concerned a residential dwelling house owned by an undivided family. After a partition suit, the widow of a deceased co‑owner obtained a final decree for her one‑third share and later gifted that share to her brother, a stranger to the family, who filed an execution petition. During …
United Bank of India filed a suit to recover a loan advanced to the respondents. The trial court dismissed the suit on the ground that the plaint was not signed and verified by a competent person. On appeal, the Supreme Court examined whether a company may authorize an officer or ratify the signing …
The Jaipur Development Authority acquired land for an urban development scheme under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer initially awarded compensation of Rs 5,000 per bigha to Jai Ambe Co‑op Housing Society and Rs 7,500 per bigha to Mahavir Co‑op Housing Society. …
The appellants and respondent were co‑owners of a property that had been partitioned and subsequently mutated in revenue records. The respondent filed an appeal under Section 11 of the Bombay Revenue Jurisdiction Act, which was dismissed, after which the appellants instituted a civil suit for …
The respondent, Jaswant Singh, filed a suit seeking declaration of title and possession of a parcel of land. The petitioner, Shromani Gurudwara Prabandhak Committee, initially denied any title of the alleged owner, Isher Singh, in its first written statement. After trial, the petitioner sought to …
The Amritsar Improvement Trust framed a scheme under the Punjab Town Improvement Act, 1922 to create a passage to Guru Nanak Stadium and, after statutory publication and government approval, began acquiring land for the scheme. The appellants, who purchased a vacant site after the scheme’s approval …
The sole appellant died while his appeal was pending before the High Court. The death was notified late, and the appellant's counsel could not locate the legal heirs to file a substitution application within the prescribed time, leading the High Court to declare the appeal abated and dismiss it. An …
The Supreme Court heard a civil appeal challenging a Bombay High Court order that dealt with a consent decree between the parties concerning payment of amounts and the handover of registration certificates (R.C.) for certain vehicles. The appellants sought modification of the payment schedule under …
The plaintiffs, Whirlpool Corporation and its Indian joint‑venture TVS Whirlpool Ltd., claimed prior use and trans‑border reputation of the word mark "Whirlpool" and alleged that the defendants, trustees of Chinar Trust and related entities, had obtained a registration for the same mark in 1992 on …
Abdur Rahman & Ors appealed to the Supreme Court against a Karnataka High Court order that dismissed their appeal under Order 41 Rule 17 of the CPC because their counsel was absent. While dismissing the appeal, the High Court also examined the merits of the case and concluded that there was no …
The plaintiffs, sons of Gulab Singh, claimed a two‑thirds share in ancestral land and filed a suit in 1962 which was later allowed on appeal. They filed another suit in 1964 for possession, which they withdrew in 1971 with liberty to file a fresh suit. In 1990 they instituted a fresh suit, but the …
The Uttar Pradesh Public Services Tribunal set aside the removal of Rameshwar Dass Gupta and ordered his confirmation, promotion and payment of salary, gratuity and pension. Gupta filed an execution petition under Order 21 Rule 1 of the CPC to recover the awarded amounts. The executing court, …
The Union of India acquired land in Delhi under the Land Acquisition Act, 1894 and awarded compensation, which was subsequently enhanced by the Land Acquisition Officer and the Additional District Judge. The High Court, relying on the 1984 Amendment Act, further enhanced the compensation by granting …
The appellant, a decree‑holder, obtained a money decree against the respondent and sought execution by auctioning the respondent's agricultural land. Although the appellant was permitted to bid and his bid was accepted, he failed to deposit the full purchase price within the statutory 15‑day period, …
The plaintiff, Smt. Sawarni, and her sister Roori claimed to be the daughters of the deceased landowner Gurbax Singh and sought a declaration of title and possession of the disputed land. A will executed by the widow Gurdip Kaur in favour of the two daughters and a succession certificate issued …
Mrs. Judith Fernandes and others leased land containing coconut trees to Conceicao Antonio Fernandes and others for six years. After the lease expired, the plaintiffs filed an eviction suit on 10 October 1973, before the Fifth Amendment to the Goa, Daman and Diu Agricultural Tenancy Act, 1964 came …
M/s. Fair Air Engineers Pvt. Ltd. entered into a contract with N.K. Modi to install a centrally air‑conditioned plant in his house. After alleged breach, the respondent filed a complaint before the State Consumer Commission, which stayed the proceedings and ordered the parties to arbitrate under …
The petitioner, Hirabai, challenged the sale of her 8 acres of agricultural land that had been attached and sold under execution of a money decree. She argued that the proclamation of sale under Order 21 Rule 66 of the CPC was invalid because it did not contain a valuation of the property and …
The respondent, an Income‑Tax Officer, was dismissed from service and filed a suit challenging his dismissal. The suit was decreed, resulting in his reinstatement, but the arrears of salary were not paid, prompting a writ petition in the High Court which ordered payment of all arrears. After the …
Ram Nihore filed a suit on April 25, 1988, impleading Mansari as co‑plaintiff for a perpetual injunction restraining the appellant from possession and enjoyment of the schedule property. The suit was dismissed for default on May 27, 1988. The appellant objected that Ram Nihore had died on September …
Sh. Mohinder Singh Jagdev was appointed as a Section Officer in the Central Public Works Department in 1956 but was found to have obtained the appointment using false certificates. He was suspended and later terminated on 10 September 1957 under Rule 5 of the Central Government (Temporary) Service …
The petitioner had agreed to purchase a house from the first respondent, Dwarka Prasad Mathur, and paid the consideration. Before taking possession, the second respondent obtained a decree of specific performance in a separate suit, which the petitioner challenged in suit 121‑A of 1984 on the ground …
The appellant Indian Bank forwarded Bills of Exchange to a French bank on behalf of the respondent M/s. Satyam Fibres, which later went into liquidation. The respondent claimed the bank was negligent for not securing co‑acceptance of the bills, relying on a covering letter (letter No. 2776) that …
The dispute arose from an agreement for the sale of green tea leaves in which Avijit Tea Co. advanced Rs. 20 lakh, later deposited with a court receiver. Avijit Tea filed a suit for specific performance, which was dismissed by a Division Bench of the Calcutta High Court, and the Bench ordered a …
The Supreme Court examined an appeal by Baldev Singh and others challenging the Punjab & Haryana High Court’s reduction of compensation for land acquired under the Land Acquisition Act, 1894. The Collector had fixed Rs 16,000 per acre, the Additional District Judge raised it to Rs 30,000 per acre, …
The appellant’s land, measuring one bigha and 14 biswas, was acquired under a 1957 notification of the Land Acquisition Act, 1894. The reference court awarded compensation at Rs 10 per square yard, relying on the decision in A.N. Bhandari v. Union of India, which the High Court affirmed. The …
The appellant, one of four defendants in a suit for specific performance, challenged a decree of the appellate court before the Allahabad High Court. While three appellants were represented by counsel who appeared, the appellant had changed his advocate, and the new counsel failed to appear on the …
Sarvinder Singh filed a suit for declaration of ownership of land based on a registered will of his mother dated 26 May 1952, also relying on an earlier decree granting him possession. He obtained an interim injunction against the defendants, which was later vacated. The defendants, heirs of …
The petitioners challenged a High Court order directing them to file an election petition within three weeks of the writ petition's disposal and to have the Election Tribunal decide the matter without considering the statutory limitation of 30 days prescribed under Rule 3 of the Andhra Pradesh …
The petitioners, sons of a deceased plaintiff, applied to be added as parties to a specific performance suit after their father's name was deleted following his death. They alleged that the relinquishment deed signed by their father was forged and that being excluded would prejudice their rights. …
The petitioner obtained an injunction from a civil court restraining the respondent from constructing a building that allegedly infringed his easement of air and light. The respondent filed a writ petition under Article 226 against the Municipal Corporation, claiming the construction was authorized, …
The appellant's land was acquired and a compensation award of Rs.1,000 per acre was made. He applied for a reference under Section 18 of the Land Acquisition Act, 1894, but the court’s notice was not properly served; the notice was allegedly served on a deceased father. The reference court dismissed …
The appellants filed appeals under Section 54 of the Land Acquisition Act seeking compensation of Rs.75,000 per acre but paid court fees based on a lower valuation of Rs.60,000 per acre. After a separate case enhanced compensation to Rs.75,000, they applied to pay the deficit court fee to obtain the …
The appellants, owners of a parcel of land covered by a patta, claimed that land had gradually accreted to their estate as the Barak river receded over 15‑16 years. They sought a declaration of title over the accreted land, which was also claimed by the respondents under an annual patta granted by …
The dispute concerned the succession to the Partapner Raj estate, an ancient impartible zamindari governed by the rule of lineal primogeniture. After the death of the minor adopted heir Raja Maha, competing claims arose: Kalka Singh of the senior branch asserted his right to the impartible estate …
In a partition suit, a house was auctioned and the sale was confirmed by the court on 7 August 1984. The auction purchaser obtained a sale certificate only on 9 November 1989 and filed an application for delivery of possession on the same day. The appellant contended that the application was barred …
The Union of India acquired land under the Land Acquisition Act, 1894, with a compensation award made in 1978 and a decree confirming the award in 1981, which became final. After the 1984 amendment to the Act increased the solatium to 30% and interest rates, the respondents filed applications under …
The respondents filed a suit for specific performance of a land sale, which was decreed ex‑parte against the appellants after their advocate withdrew his vakalatnama without notifying them. The appellants filed an application to set aside the ex‑parte decree, seeking condonation of a 40‑day delay …
The State of Rajasthan acquired land under the Rajasthan Land Acquisition Act, 1953 and the Land Acquisition Court awarded compensation by an award and decree dated 28 July 1992. The respondents applied for certified copies of the judgment and decree; the judgment copy was supplied and an appeal …
The State of Orissa filed a suit for Rs.1,46,820 against S. Baram Baral, which was decreed ex parte. The appellant sought relief under Order 9 Rule 13 of the Code of Civil Procedure, 1908, and the trial court set aside the ex parte decree subject to a payment of Rs.50. On revision, the Orissa High …
The first petitioner purchased land from the respondent under a 1975 sale deed that included a reconveyance agreement. The respondent sued for specific performance, alleging the petitioner refused to execute the sale deed despite the respondent’s readiness and attendance at the Sub‑Registrar’s …
The Supreme Co‑operative Group Housing Society entered into a construction contract with H.S. Nag & Associates that contained an arbitration clause (clause 32). After additional towers were awarded, a dispute arose and the respondent filed an application under Section 20 of the Arbitration Act, 1940 …
In OS No. 22/62, the appellant (defendant 1) entered into a compromise under Order 23 Rule 3 of the CPC, and a decree was passed based on that compromise, granting him continued occupation as manager, possession of shops, and refunds. The suit was later remanded to consider defendants 2‑4, and after …
The Patna Regional Development Authority (PRDA) invited tenders for a high‑rise building and received three bids, the lowest being from Rashtriya Pariyojana Nirman Nigam (RPNN), which had been black‑listed for five years by the State Water Resources Department. The PRDA’s Tender Committee rejected …
The appellant, Smt. VUAYALAKSHMI, was the foster child of Batchu Muniyappa Chetty, who along with his brother B. Himantharaja Chetty partitioned their joint family property under a registered deed that included a pre-emption clause. After the foster father and his widow died, the property was …
The respondent, Arunagiri Chettriar, retired from a partnership firm in 1963 and later the firm was dissolved. The Income Tax Officer issued a notice that the respondent was jointly and severally liable for tax arrears of the firm for assessment years 1962-63 and 1963-64, arguing that liability …
The plaintiffs filed a suit for perpetual injunction to prevent the respondents from interfering with their possession of a specific plot of land. The respondents, in their written statement, claimed to have purchased a different plot and sought a counter‑claim for a permanent injunction to restrain …
British Indian Corporation Ltd entrusted 147 bales of raw wool to Rashtaco Freight Carriers for transport. The carrier detained the goods and sued the owner for an injunction, claiming arrears of Rs 13,48,817.13 in transport charges. The owner filed a separate suit for recovery of the detained …
The Central Bank of India sought clarification on the meaning of the expression "the principal sum adjudged" in Section 34 of the Code of Civil Procedure, 1908, particularly whether it includes interest that has merged with the principal. The Attorney General, appearing for the bank, relied on …
The case concerned a decree of compensation awarded under the Land Acquisition Act, 1894, which became final after the claimants failed to appeal. The claimants later sought to amend the decree under Order 47 Rule 1 and Section 151 of the CPC to obtain additional amounts mandated by the amended Act …
The State of West Bengal and others directed the appellant to grant registration and subsidy under the West Bengal Cinemas Development Scheme, a direction issued by a single High Court judge under Article 226. While the appeal against that direction was pending, contempt proceedings were initiated …
Kiran Bala sold her residential house to relatives to pay debts, but the sale was declared null and void as a fraudulent transfer under the Transfer of Property Act. The decree-holder sought to attach and sell the house in execution of a money decree, while the appellant claimed exemption under …
The decree-holder obtained a decree in 1949 and later sold the attached house to an auction purchaser. After a compromise failed, a fresh execution application was filed on 16 November 1961, more than twelve years after the decree, leading to the sale of the property. The widow and daughters of the …
The appellant, Fauja Singh, contested the attachment of his residential house in an execution proceeding, invoking Section 60(c) of the Code of Civil Procedure which renders a residential house non‑attachable. The executing court ignored the plea, and the Punjab & Haryana High Court dismissed the …
The suit concerned possession of 17 cents of land sold by T. Sekharan, who later died; the appellants (his heirs) claimed the sale was a collateral security for a loan and that an agreement dated 4 January 1983, executed in the presence of a police sub‑inspector, evidenced receipt of Rs 35,000 and …
Kartar Kaur, the widow of the deceased Ranjit Singh, sued his son Ajmer Singh for declaration and possession of a suit property situated in the former PEPSU area. The son claimed sole inheritance under local custom, while the widow asserted a special custom allowing a widow to inherit alongside the …
Klockner & Co., a German firm, had a marketing agreement with Orissa Mining Corporation (OMC) for exclusive marketing of charge chrome, containing an arbitration clause referring disputes to the ICC in London under Swiss law. After OMC's charge‑chrome division was taken over by the State of Orissa …
The dispute concerned the width of a common road on property jointly purchased by the parties in Nasik. The trial court and the appellate court, after extensive consideration of oral and documentary evidence, found that a 30‑foot wide road existed and enjoined the defendants to remove encroachments. …
The appellant, S. S. Sanyal, was occupying premises as a tenant of India Foils Ltd. when the landlady sold the property to Habitat Developers, who obtained a decree for specific performance and possession. Although the decree was against the landlady, the appellant was not impleaded nor was any …
The first respondent filed a suit on 30 October 1981 seeking a declaratory decree that she was the absolute owner of 6 acres 25 gunthas of land at Raichur. The appellants were later impleaded as respondents under Order 1 Rule 10 of the CPC but, despite repeated adjournments, failed to file a written …
The plaintiff, Joyce Primrose Prestor, sought letters of administration for her mother’s estate, relying on a holograph will dated 19 June 1964 that bequeathed equal shares to her three daughters. The husband and two other daughters contested the will, alleging undue influence by the plaintiff. The …
The Urban Improvement Trust (Jodhpur) acquired land of Gokul Narain under Section 52 of the Rajasthan Urban Improvement Act, 1959 and paid compensation. The High Court later enhanced the compensation and, applying the Central Land Acquisition Act, 1894 (as amended), awarded solatium, interest and …
Dr. H. Mukherjee, a Central Government employee, filed a civil suit seeking Rs. 2 lakh in damages against his superior, S.K. Bhargava, alleging that the latter deliberately issued vindictive orders and tampered with official records to harass him and block his appointment as Chief Controller. The …
Dr. SMT. Shipra filed an election petition challenging the election of S.L. Khotwal on grounds of corrupt practices. The petition and its supporting affidavit were served on the returned candidate, but the copy of the affidavit omitted the notarized verification required by Form 25 under Rule 94‑A …
In a suit for perpetual injunction, the appellants sought to restrain Smt. Venkata Subbamma (deceased) from alienating property granted to her under a 1969 compromise decree in a partition suit. After her death, the respondents, as legal representatives, claimed that Subbamma had executed a will in …
Thimmappa (appellant) had executed two sale deeds transferring a property to Siddaramakka (respondent) and a reconveyance agreement dated July 20, 1968, stipulating that if the respondent repaid Rs.5,000 within eight years, she could have the sale deed executed in her favour. The respondent offered …
The respondent, S.K. Sharma, a bank manager, was charged with temporary misappropriation of a loan amount and was removed from service after a departmental enquiry. The enquiry officer relied on statements of witnesses, but the respondent was not supplied copies of those statements nor of certain …
The appellant, owner of certain lands, was bound by a sale agreement dated December 21, 1984, which was later extended to require execution of the sale deed within 15 days of the vacating of an injunction. A suit for perpetual injunction was filed on December 23, 1987, and later amended on July 17, …
In execution of a money decree, a mortgaged property valued at Rs 75,000 (later reduced to Rs 50,000) was auctioned and sold for Rs 15,100, with the mortgagee himself submitting the winning bid. The appellant, the judgment debtor, challenged the validity of the sale under Order 21 Rule 97 of the …
The plaintiff, M/s South East Asia Shipping Co. Ltd., filed a suit in the Delhi High Court seeking a perpetual injunction against the enforcement of a bank guarantee dated 16 July 1977. The underlying contract was executed in Bombay and required performance (transport of livestock) to be carried out …
Mohan (appellant) claimed title to a property he had purchased from Bhiwa, who had earlier gifted the same land to the respondents. The respondents filed suit for declaration of title and possession. The trial court allowed attachment of the property, but the appellant challenged this in a separate …
A suit for dissolution of a partnership and rendition of accounts was filed by one partner against the other partners of the Modern Ice Factory. The trial court dismissed the suit, and the first appeal was also dismissed. While the second appeal was pending, two of the partners died and their legal …
The State of Bihar acquired 25 acres of land under the Land Acquisition Act, 1894 and awarded compensation equally to four co‑owners, each receiving a one‑fourth share. One co‑owner filed a reference under Section 18 of the Act, leading the civil court to enhance his compensation. The appellant, …
The respondent filed a suit for specific performance which culminated in a decree on 14 January 1994. Respondent No.2 and others filed applications under Order 9 Rule 13 CPC to set aside the decree, while the appellant moved a preliminary objection challenging the maintainability of those …
The respondent, a police officer, was removed from service by the Commissioner of Police under Article 311(2)(b) of the Constitution and challenged the removal before the Maharashtra Administrative Tribunal (MAT), which confirmed the removal on March 6, 1995. He filed a Special Leave Petition (SLP) …
In a suit for ejectment filed on 5 April 1984, the respondent entered into a compromise and a decree for eviction was subsequently recorded. The respondent failed to deliver possession, prompting the appellant to file an execution petition. The respondent first challenged the validity of the …
The Ranchi Municipal Corporation demanded Rs 1,01,501 as service charges from the Railways for the years 1993‑94 and 1994‑95. The Union of India challenged the demand, and the Patna High Court upheld it. On appeal, the Supreme Court examined whether the municipality could levy such charges under …
Babulal obtained a decree for specific performance of a contract for sale of immovable property, but the decree did not grant possession. When the decree‑holder sought to execute the decree, Raj Kumar (the appellant), who was not a party to the decree, claimed a right in the property and obtained an …
The appellant sought eviction of the Rashtriya Swayam Sewak Sangh (RSS Sangh) from premises it occupied. The Sangh was represented in the suit by its manager, president and a member, and the trial court dismissed the suit. The Madhya Pradesh High Court, on appeal, decreed ejectment in favour of the …
The case involved a dispute between two rival managing committees of Sri Ratnamuni Jain Inter College, Agra. The education authorities initially recognized the appellants' scheme of administration but later withdrew that recognition, prompting the appellants to file a civil suit seeking an interim …
Mukhtar Ahmed filed a suit seeking a declaration that he was entitled to a two‑thirds share in a house as a co‑owner. Earlier, in a suit filed by a co‑sharer, the court had determined that the co‑sharer was only entitled to a one‑fifth share, and that decree became final. The issue before the …
The Steel Authority of India sued New Marine Coal Co. to recover Rs 1,13,000 for coal supplied under an agreement that required Grade‑I coal between Dec 1962 and June 1967. Instead, Grade‑II coal was delivered but the plaintiff collected the price of Grade‑I, and the contract contained a clause …
The Government acquired land under Section 4 of the Land Acquisition Act, 1894 and the Land Acquisition Officer (LAO) made an award under Section 11 on 28‑02‑1989. The respondents, who were present at the award, filed an application for reference under Section 18 on 10‑06‑1989, exceeding the …
Seth Banarasi Dass, the lessee of a sugar mill, was subject to a recovery certificate for government dues. Shares he owned were attached and put up for public auction, but he raised objections that the shares were pledged to banks and that the amount claimed was incorrect. The auction proceeded, the …
The appellant S. Noordeen challenged the validity of a sale of properties that had been attached before judgment in a suit (O.S. No. 95/53) to recover a debt from D.J. Gonzaga. The properties, including items 1‑7 attached under Order 38 Rule 6 of the CPC, were incorporated in a compromise decree …
The petitioner, a former semi‑skilled workman who later became an Assistant Store Keeper, claimed that he was unfairly excluded from promotion to the OEP Section, alleging a violation of his right to consideration. The Central Administrative Tribunal (CAT) dismissed his application through a …
The appellant, S. Baldev Singh Mann, filed an election petition challenging the 1992 Punjab Legislative Assembly election of S. Gurcharan Singh (respondent No.1) on grounds of booth capturing and overspending. He alleged that the respondent and his agents threatened the appellant's polling agent and …
The decree-holder, a deceased intermediary, obtained a decree for possession of an estate in 1965, but the estate had been vested in the State of Orissa by a notification under Section 3(1) of the Orissa Estate Abolition Act in 1963. The judgment debtor filed a Section 47 CPC objection, and the …
The appellant Surendra Kumar purchased 25.12 acres of land in 1961 in his name, with his grandfather acting as guardian, and the land was later acquired by the government for an industrial area. An award under Section 11 of the Land Acquisition Act, 1894 granted compensation to the appellant, but …
The dispute arose from a family partition and subsequent land demarcation ordered by the Assistant Director of Land Records, which was challenged by the respondents. The respondents appealed the demarcation order under Section 49 of the Karnataka Land Revenue Act, 1956, and the appeal was allowed, …
The appellants appealed against the execution of a perpetual injunction decree that barred their mother from opening a window in a joint wall. The trial court had held the wall to be a 1½‑ft joint wall and the decree became final. Subsequent admissions showed that the original joint wall had been …
The appellants challenged a sale deed dated 29 September 1959, alleging that it was obtained by fraud, misrepresentation and without consideration. The trial court dismissed the suit, finding the deed valid; the first appellate court reversed that finding, holding that adequate consideration had …
The respondents filed eviction suits against tenant Harkesh Rai Agarwal in 1975, both of which were dismissed, after which a compromise decree was entered on 26 Nov 1981 whereby Harkesh Rai agreed to surrender a room now occupied by the appellant, Ram Chandra Verma. When execution of the decree was …
The State of Haryana filed a Letters Patent Appeal against a judgment of the Punjab & Haryana High Court, but delayed filing the appeal by 109 days. The High Court refused to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court examined the meaning of "sufficient cause" …
The State of Madhya Pradesh appealed against the dismissal of its appeal in a civil suit where the respondent, S.S. Akolkar, had died. The State filed an application under Order 22 Rule 4 of the CPC to substitute the legal representatives of the deceased, but the application was filed 15 days after …
The petitioner, born in 1941 to parents who had converted to Christianity before his birth, later reconverted to Hinduism at age 14 and claimed to be an Adi‑Dravida Scheduled Caste to obtain SC benefits in his employment with the Food Corporation of India. He filed a suit for a declaration of …
The appellant filed a partition suit in 1988, after which the respondents claimed ownership of the property by virtue of a gift deed executed and registered in 1978. In 1992 the appellant sought to amend the plaint under Order 6 Rule 17 of the CPC to obtain a declaration that the gift deed was …
The dispute arose from a leasehold property originally owned by a Tarwad, which was taken by an ex parte decree in 1942 and sold at a court auction to the decree‑holder Mohammed Haji. The decree‑holder subsequently leased the land to Raghavan Nair, whose rights were later assigned to P.K. Abdulla, …
Cholamandalam Investments & Finance Co. Pvt. Ltd. filed a suit in the Madras High Court for recovery of money under a hire‑purchase agreement that contained a clause granting exclusive jurisdiction to Madras courts. Radhika Synthetics Ltd. later instituted a suit in the Bombay High Court claiming …
The State acquired land in Etmadpur Village under the Land Acquisition Act, 1894 and the Collector awarded compensation under Section 11. Ramesh Singh and Hari Singh sought a reference under Section 18, which was dismissed, while Ruma Singh obtained a higher award after a reference and a decree …
The Bank of Baroda obtained a money decree against R.M. Patwa for Rs 55,000 with interest and filed an execution application. Patwa sought, under Section 151 CPC, to have amounts crediting a third‑party, G.K. Kakkani, adjusted against his decree debt. The Additional District Judge ordered such …
The appellant filed a suit for declaration of title to a property and simultaneously applied under Order 39 Rules 1 and 2 of the CPC for a temporary injunction to protect his possession. The trial court granted the injunction, but the High Court reversed the order, holding that where there is no …
The appellant, who had obtained possession of certain plots in New Delhi, filed a suit for a mandatory injunction against the third respondent, which became final. Subsequently, the appellant and the first two respondents each purchased a one‑third share of the property, leading to a partition suit …
The Church of South India Trust Association (CSITA) claimed that the Telugu Church Council (TCC) had merged into the Church of South India in 1947 and therefore the properties transferred to CSITA were held in trust. TCC contested the merger and sought declaration of its continued existence. Earlier …
Syam Sunder Agarwal & Co. entered into a contract with the Union of India, which later gave rise to an arbitration award of Rs. 6,72,645.56 in favour of the appellant. The award was made a rule of court by the Assistant to the Deputy Commissioner, Shillong, and the Union of India appealed the award …
The State of Maharashtra entered into a construction contract with National Construction Co. and obtained a performance guarantee from the Central Bank of India. When the contractor abandoned the work, the State sued the bank alone for the guaranteed amount; the suit was dismissed for non‑joinder of …
The dispute involved Bhoomidari rights over 38.25 acres in a village undergoing consolidation under the U.P. Consolidation of Holdings Act, where the Gaon Sabha objected to the appellants' entries in revenue records. The Consolidation Officer ordered expunction of the appellants' names, and the …
The manager of a village cooperative Samiti (the second respondent) was dismissed on charges of embezzlement. Claiming that the dismissal order was never served, he filed a civil suit for injunction, which was later withdrawn, and also lodged a complaint under Section 28‑A of the Rajasthan Shops and …
The appellant, Viswanath (deceased) by LRs, sought ejectment of the respondent who occupied land under a mortgage executed by Hanuman Singh, the brother‑in‑law of a minor, before the U.P. Zamindari Abolition and Land Reforms Act, 1950 came into force. The Assistant Collector and Board of Revenue …
The Supreme Court examined the constitutional validity of the U.P. High Court (Abolition of Letters patent Appeals) (Amendment) Act, 1972, which sought to eliminate letter‑patent appeals in land‑reform matters. Petitioners contended that the Act exceeded State legislative competence, violated …
The Supreme Court examined an election petition that had declared the Lok Sabha election of Prof. Ramchandra G. Kapse void on the ground of alleged corrupt practices involving speeches by Sadhvi Reethambara and Pramod Mahajan. The Court held that a noticee under Section 99 of the Representation of …
The Board of Trustees for the Port of Calcutta contracted with Engineers‑de‑Space‑Age, including a clause (13(g)) that barred the Commissioners from entertaining any claim for interest on delayed payments. An arbitrator, however, awarded interest pendente lite. The Board appealed, contending that …
Ram Nath Dewan executed a 1942 will granting his wife Satyawati a life estate in the Doctor's Lane house and directing that after her death the property go to his legal heirs. After Ram Nath's death, the son (first defendant) contested the will, claiming a later 1950 will, and the parties litigated …
The plaintiffs filed a suit for specific performance of a sale agreement and were ordered by the High Court to amend the plaint to implead the purchaser, Kabari Pvt. Ltd. Although the amendment was allowed in 1982, the plaintiffs failed to act on it for about ten years despite being aware of their …
The appellants sought compensation for land acquired by the State under the Land Acquisition Act, 1894. After a notification in 1973, the Collector awarded Rs 10,080 per acre in 1975, which was later enhanced by the District Judge and the High Court to Rs 24,000 per acre. The High Court also awarded …
Lal Singh, a constable of the Gujarat State Reserve Police, died in service. His widow received a family pension which was stopped after she remarried. The deceased's mother, Sarti Devi, filed a suit in a Haryana court seeking the family pension. The trial court and subsequent appellate courts …
The plaintiffs filed a suit for specific performance of an agreement for reconveyance and later applied under Order 16 Rule 17 of the CPC to amend the plaint to claim that the sale deed and reconveyance were a single transaction (mortgage by conditional sale) and to seek alternative relief of …
The tenant, Kuldeep Singh, was sued for eviction by his landlords for allegedly defaulting on six months' rent. He claimed to have paid the rent in cash for May‑September 1982, but the landlords refused to give a receipt and returned the money, after which he deposited the rent for May‑October 1982 …
The petitioners filed a suit for perpetual injunction to restrain the defendants from dispossessing them of land. The defendants filed a written statement raising a counter‑claim for possession, alleging trespass. The trial court dismissed the injunction suit and granted possession to the …
The appellants, who were tillers of agricultural land allotted under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, held the land by a temporary sanad in 1954 that became permanent in 1965. After purchasing the land, the respondent, an absentee landlord, sought possession under …
The petitioner, Resham Singh Pyara Singh, claimed ownership of land purchased from a charity trust and obtained an interim injunction against the respondent's alleged trespass. The single judge of the Bombay High Court, hearing an appeal under Order 43, directed demarcation of the land in the …
In an administrative suit concerning the sale of a property at Ootacamund, the Court appointed receivers who effected the sale. The purchasers of the property (appellants) challenged objections raised under Order 21, Rule 90 read with Section 151 of the CPC, arguing that such objections were not …
Videsh Sanchar Nigam Ltd. sued the foreign vessel M.V. Kapitan Kud for damage to an international submarine cable, alleging the ship’s anchor caused a break. The Bombay High Court arrested the vessel and later ordered its release on security, a decision appealed to the Supreme Court. The Court …
The landlady, Smt. Swaran Lata, sought eviction of her tenant Dev Kumar under the East Punjab Urban Rent Restriction Act, 1949 alleging sub‑letting of the premises to three respondents. The Rent Controller, relying on a local commissioner’s report, concluded sub‑letting and ordered eviction. The …
Muni Lal insured his truck with Oriental Fire and General Insurance Company and lost it in October 1983 due to the driver’s misfeasance. He filed a suit in 1986 seeking only a declaration that he was entitled to the insured amount, omitting any claim for monetary compensation. The trial court …
The petitioners challenged the acquisition of their land by a Gram Panchayat for a school, arguing that the Land Acquisition Officer (LAO) had lost jurisdiction after initially dropping the proceedings due to the Panchayat’s lack of funds. The Supreme Court held that the LAO retained power to reopen …
In a suit for possession filed by the rival reversioners, the appellants, who were the landlords, were defendants. The respondents had remained in possession for over twelve years, thereby acquiring title by adverse possession, and the appellants had also entered into a tenancy agreement with them, …
The Gauhati University was served a summons on 28 May 1990 to appear on 29 May 1990 in a suit. The University sought an adjournment, the case was adjourned to 19 July 1990, but the new date was never communicated, leading to an ex parte decree. The University filed an application under Order IX Rule …
The Central Bank of India obtained a decree against M/s. Madan Lal and Brothers for a debt and directed execution against a hypothecated factory premises. The respondents contended that the property should be sold at its market value, with the proceeds applied to the decree, and that any shortfall …
The plaintiff Deva Ram sued Ishwar Chand for Rs 6,300 as sale price of a land, but the trial court held the document was only an agreement for sale and that the defendants were tenants, dismissing the suit. The plaintiff then filed a second suit for possession of the same land; the trial court …
The plaintiffs, the first wife Kashi Bai and her daughter Sunita, sued for a half share in the property of their deceased husband Lachiram, alleging he was the sole owner at his death. The defendants, the second wife Parwati Bai, her daughter Meena and grandson Purshottam, contended that Lachiram …
The appellant, Dr. Ranbir Singh, purchased a property from Shri Hemant Singh, the adopted son of the late Maharaja of Dholpur, and served notice to the tenant, Asharfi Lal, for rent default. The trial court and first appellate court upheld the eviction, finding a landlord‑tenant relationship and …
Larsen & Toubro Ltd. (appellant) entered into a contract with Maharashtra State Electricity Board (respondent) for a coal handling plant, furnishing five bank guarantees for advance, performance, retention money and liquidated damages. After the plant was taken over, the respondent invoked all …
The appellant, a tenant of Smt. Ajudhia, sought a declaration of title over a parcel of agricultural land that had been sold in execution of a money decree against her and later transferred to an auction‑purchaser, respondent No. 11. The appellant had earlier obtained a decree under the Punjab …
The petitioners, heirs of a common ancestor, claimed a one‑third share in land, relying on a 1973 declaratory decree that had been obtained on the basis of the defendant’s written admission of their title. The decree was never registered. The trial court held the decree illegal; the appellate courts …
The case involved a family settlement deed that prohibited alienation of the ancestral property during the lifetime of the patriarch, Janak Singh. After his death, a suit for partition was filed and the trial court passed a preliminary decree and subsequently an order restraining all parties from …
The Government was set ex‑parte in a suit and an ex‑parte decree was passed against it. The State filed an application on 17 February 1984 to set aside that decree, claiming it had knowledge of the decree on 15 February 1984 when its office was informed. The Karnataka High Court dismissed the …
The Union of India acquired land for defence purposes under the Land Acquisition Act, 1894 and a compensation award was made and became final. After the 1984 Amendment Act (Act 68) introduced additional solatium and interest benefits, the landowners filed an application under Sections 151 and 152 of …
The appellants, who were defendants in civil suits filed in 1983, failed to appear before the trial court on 20 February 1992, leading to ex‑parte orders against them. They applied under Order 9 Rule 13 of the CPC to have those orders set aside, claiming they were diligent and that their …
The Supreme Court considered two civil appeals arising from partition suits that were pending when a village was notified for consolidation under the Uttar Pradesh Consolidation of Holdings Act, 1967. The appellants argued that the notification and the resulting abatement under Section 5(2) of the …
Sharadchandra Ganesh Muley, a landowner, challenged a notification under section 4(1) of the Land Acquisition Act, 1894. After the Bombay High Court dismissed his first writ petition in 1992, the Land Acquisition Officer made an award on March 30, 1994. Muley appealed, contending that the award was …
In a transfer petition filed by the wife seeking to transfer her pending divorce petition, the court directed the parties to attempt reconciliation. The husband and wife settled their differences and the wife agreed to join her husband within two years after resolving her property issues in another …
Gujarat Bottling Co. Ltd (GBC) entered into a 1993 licence agreement with Coca Cola to bottle and distribute beverages under several trade marks, which included a negative covenant prohibiting GBC from dealing in competing products during the agreement's term. A subsequent 1994 agreement, intended …
The State sought enhanced compensation for land acquired at Bambolim, Goa, and filed an appeal against the Civil Court's award on August 25, 1967. The Government Pleader was uncertain whether to pursue the appeal under the Portuguese Code (Recurso de Apelacao) or the Code of Civil Procedure (CPC), …
The Supreme Court examined an election petition challenging the Lok Sabha election of Datta Raghobaji Meghe on allegations that he exceeded the permissible election‑expenditure limit and committed corrupt practices. The Court reiterated that the right to elect and be elected is a statutory right …
The tenant Mukrigopalan appealed an eviction order of the Rent Control Court under the Kerala Buildings (Lease & Rent Control) Act, 1965. The appeal was filed after the statutory 30‑day period, and the District Judge acting as appellate authority dismissed it as time‑barred, holding that he was a …
The plaintiff N.P. Thirugnanam had entered into a sale agreement for a property and paid a small advance, thereafter taking possession as a tenant. He sued for specific performance, alleging the defendants had refused to execute the sale deed, while the defendants contended that the plaintiff had …
The petitioners, Rashtriya Chini Mills Adhikari Parishad, challenged a Uttar Pradesh Government order to sell six sugar factories by filing a writ petition under Article 226 before the Lucknow Bench of the Allahabad High Court. The Division Bench held that the Lucknow Bench lacked jurisdiction …
The husband, Nand Kishore Mehra, filed a suit in the Delhi High Court seeking relief concerning properties he alleged were purchased benami in his wife Sushila Mehra's name. The wife moved to have the plaint rejected on the ground that the suit was barred by Section 4 of the Benami Transactions …
The Supreme Court examined a long‑standing dispute between the Patriarch of Antioch’s group (the petitioner) and the Catholicos of the East’s group (the respondent) over the nature, governance and authority of the Malankara Jacobite Syrian Church. The Court held that the 1934 Constitution of the …
The petitioners, contractors who had contracts with the State of Orissa, obtained arbitral awards from Special Arbitration Tribunals which were later made "Rules of Court" by civil courts. The State subsequently enacted the Arbitration (Orissa Second Amendment) Act, 1991, which retrospectively …
The petitioner, a judgment‑debtor, constructed shops on a suit property and let tenants occupy them while a suit for title and possession was pending. The trial court declared the respondent the owner and ordered the petitioner to hand over vacant possession; the decree became final. When the …
The appellant challenged a decree confirming a lower court's finding that a 1967 will was not validly executed. The Punjab & Haryana High Court Division Bench was split, with one judge holding the will proved and the other holding it not proved; no majority opinion existed. The Supreme Court …
The employees of Rajasthan State Road Transport Corporation were dismissed after disciplinary inquiries conducted under certified Standing Orders. They filed civil suits seeking declaration that the dismissals were illegal and that they be reinstated with benefits. The corporation contended that the …
The petitioners, tenants, challenged the validity of Order 15 Rule 5 of the Code of Civil Procedure, which had been inserted by the Uttar Pradesh Civil Laws (Amendment) Act, 1972 and later amended by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976, on the ground that it was repugnant …
The Commissioner of Income Tax, Jullundur issued notices under Section 139(2) of the Income Tax Act, 1961 to Ajanta Electricals and its partners, requiring them to file returns within 30 days. The assessees filed their returns and applications for extension of time after the due dates, leading the …
The plaintiffs filed a suit for possession of a property against the first defendant, who was deceased, and the second defendant, the petitioner. The petitioner sought to file an additional written statement asserting title under a will, but the trial court dismissed the application, holding that a …
The petitioners filed a suit for a permanent injunction to restrain the respondents from dealing with a trust property. After the suit was filed, they discovered that the Charity Commissioner had granted permission to sell the property and sought to amend the plaint under Order 6 Rule 17 to claim …
The State of Bihar issued a notification under s.4 and a declaration under s.6 of the Land Acquisition Act, 1894 to acquire land for a housing project, and took possession on March 22, 1957, handing it to the Housing Board. The respondent filed a title suit and sought an interim injunction under …
Lalitha filed a suit for declaration of title and possession and later filed an application on August 3, 1993, seeking to file a list of witnesses for summoning. Her husband, acting as general power of attorney, submitted an affidavit stating they mistakenly believed the list had already been filed, …
The appellants, legal representatives of defendants 7‑9, filed a suit seeking a declaration that a compromise decree in an earlier suit (T.S. No. 72/26) was void. The trial court dismissed the suit; the appellate court held the compromise was not obtained by fraud but that the defendants had no …
The case concerned a land‑acquisition award where the High Court enhanced the market value, solatium and interest under the Land Acquisition (Amendment) Act, 1984. The Supreme Court stayed the collection of the enhanced portion, after which the respondent deposited the amount that was not stayed on …
M/s Angile Insulations filed a suit in the Sub‑Judge Court, Dhanbad, to recover sums due under a contract with Davy Ashmore India Ltd. The respondent invoked clause 21 of the contract, which stipulated that any legal proceedings would be subject to the jurisdiction of the High Court of Bangalore. …
The case involved land‑acquisition proceedings where compensation was successively enhanced by the Additional District Judge, a High Court Single Judge and a Division Bench. The claimants filed appeals under Section 54 of the Land Acquisition Act but paid court fee only on the lower amount …
The Municipal Committee of Jind appealed against a suit filed by Jagat Singh for a permanent injunction restraining the Committee from interfering with his claimed ownership and possession of five kanals of land. Jagat Singh relied solely on revenue records and a mutation entry, without producing a …
Akshaya Restaurant filed a suit for perpetual injunction against P. Anjanappa and others, alleging an agreement of sale of land. The defendants' written statement admitted a sale agreement, but later they sought to amend the statement under Order 6 Rule 17, claiming the agreement was for development …
The appellants challenged the compensation awarded in a land acquisition proceeding that began in 1963, arguing that they were entitled to the enhanced rate of interest introduced by Section 18 of the Land Acquisition (Amendment) Act, 1984. The Collector's award (1968) and the Reference Court's …
The appellants received compensation for land acquired under the Land Acquisition Act, which was later enhanced and subsequently reduced on appeal. While the appeal was pending, they executed the decree and recovered the enhanced amount together with interest. The State filed an application under …
The parties obtained a preliminary decree in a partition suit allocating a 1/6th share to the first respondent and a 5/6th share to the appellants. Although the court directed the preparation of a final decree in 1958, the final decree could not be engrossed because the appellants failed to supply …
The appellant filed an ejectment suit in 1988 which was repeatedly adjourned. On 8 August 1994, due to a lawyers' strike, the case was adjourned to 9 August 1994. The appellant's counsel fell ill and requested a short adjournment, offering to pay costs, but the trial court refused and ordered …
In a partition suit, the defendant (appellant) produced a registered will executed by his mother that left the entire estate to him. The trial court rejected the will, finding suspicious circumstances, while the subordinate judge upheld its validity, relying on the registrar's endorsement as proof …
Canara Bank appealed a decision of the Company Law Board (CLB) that had refused to register bonds purchased from Nuclear Power Corporation of India Ltd. The CLB had been hearing the bank's application under Section 111 of the Companies Act when the Special Court (Trial of Offences Relating to …
The case arose from a foreclosure suit where a court‑appointed receiver sold the mortgaged property to the appellant, Nani Gopal Paul, for Rs 60 lakhs, of which only Rs 5 lakhs was deposited. The sale was confirmed by a single High Court judge despite the existence of higher offers and without …
