Created by Fuzzy Cloud | Our 2nd AI-Powered Solution
4176 judgments · newest first · showing 4001–4176
The appellants, a partnership firm, were tenants of a shop in Madras and allegedly sublet the premises to another partnership firm, M/s. Adeshwar Glass Mart, without the landlord's consent. The landlord filed an eviction petition under Section 10(2)(ii)(a) of the Tamil Nadu Buildings (Lease and Rent …
The husband of the respondent filed a suit for eviction, arrears of rent and damages against the appellants who were tenants. The trial court decreed in his favour, but the appeal was pending when he died; his legal representatives and the minor children under the mother’s guardianship were …
The dispute arose from a 1964 agreement whereby the tenant‑co‑partner member of the Shyam Cooperative Housing Society, Smt. Devibai H. Advani, allowed Rajpal Bhatia to occupy her flat on a leave‑and‑licence basis. After the licence was terminated, Advani sought eviction of Bhatia under Section 91 of …
The State of Rajasthan and R.S. Sharma & Co. entered into a construction contract that later led to a dispute. While litigation was pending, the parties agreed to arbitrate, and the arbitrators awarded Rs.75,41,755 to the respondent without providing reasons. The appellant challenged the award on …
The appellant, Om Prakash, was placed ex parte in a suit for specific performance of an agreement to sell a small piece of land. He filed several applications to set aside the ex parte order, but they were dismissed as unsigned or time‑barred. The trial court decreed specific performance based on …
The case concerned 85 workers who had resigned from the Cochin Port Thozhilali Union and sought a refund of amounts that the union, through its president‑treasurer G.S. Dhara Singh, had collected from the employer on their behalf for gratuity and accident benefit funds. The workers filed civil suits …
The landlords (Smt. Rajbir Kaur & Anr.) leased commercial premises to S. Chokesiri & Co., who later allowed two sub‑tenants – a tailor and an ice‑cream vendor – to operate within the premises. The landlords sought eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, …
In a suit for eviction under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, the plaintiff claimed personal necessity and ownership of a shop. The trial court and the Additional District Judge rejected his claim for lack of a partition deed proving ownership. The High Court …
Mahabir Prasad, the landlord, executed a deed in 1966 granting the rent benefits of certain premises to his grandsons and their mother, Smt. Sulochana Devi, and instructed the tenants to pay rent to her. He later executed a cancellation deed in 1970, revoking that benefit, and sued the tenants for …
The award in a dispute between Indian Rayon Corp. Ltd. and Raunaq & Co. was filed in the Calcutta High Court on 4 February 1977. The appellant claimed the award had been wrongly filed and sought a notice of filing; the court issued a notice on 30 July 1981. The appellant applied for a certified copy …
Abhay Singh Surana, the landlord of a godown, sued Jayshree Textiles (later amalgamated with Indian Rayon) for eviction and faced a title suit for injunction. He applied under Clause 13 of the 1865 Letters Patent of the Calcutta High Court to have both suits transferred to the High Court, citing the …
The plaintiff, Mrs. Vimal Duti, filed a suit for dissolution of partnership and for accounts, valuing the suit at Rs.25 lakhs for jurisdiction and Rs.500 for court fee. The defendants contended that the valuation for court fee was grossly undervalued and sought dismissal of the plaint under Order …
Sudha Devi sued the tenant (defendant 1) for non‑payment of rent and wrongful sub‑letting, and also sought possession against a third defendant who allegedly occupied the flat after a decree. The defendants did not appear, and an ex‑parte decree was passed based on the plaintiff’s sole witness. The …
The dispute involved an arbitration award concerning properties mainly located in Warora, Chandrapur, with a small portion in Nagpur. The arbitrator, a resident of Nagpur, filed the award in the Nagpur Civil Court. The Civil Judge held that only the Nagpur property and the arbitrator's residence did …
The father and son, both Vaidyas, referred their long‑standing property disputes to an arbitrator, who issued an award on 18 January 1977 which was signed by both parties and contained an endorsement that the award was agreed to and binding. The son later filed an application under section 17 of the …
The landlord, an advocate, orally let a part of his residential premises comprising servants' quarters and a ground‑floor hall to the tenant for Rs 600 per month, with rent thereafter paid by two cheques—Rs 250 by the tenant and Rs 350 by a trust (Balkunj) of which the tenant was secretary. The …
The plaintiff tenant Kishan Chand claimed a customary right of pre-emption over a portion of a building that had been sold to the respondent. He filed a suit for pre-emption, but died during the proceedings. His legal representatives applied under Order 22 Rule 3 of the CPC to be substituted as …
The respondents, members of the United Basel Mission Church (UBMC) of South Kanara and Coorg, sued to declare a 1961 resolution proposing merger with the Church of South India (CSI) void, illegal and ultra vires the UBMC Constitution and the Religious Societies Act, 1880. The trial court dismissed …
The respondent sued for specific performance of a contract for sale of a house. The trial court decreed in his favour and the High Court affirmed. During the hearing of the Letters Patent Appeal, the parties orally agreed that the appellant would pay Rs.2,25,000 as full and final settlement, but the …
The respondent mortgaged his shop and handed possession to the mortgagees, who subsequently let the premises to the appellant as a tenant. The respondent sued for redemption of the mortgage and vacant possession; the mortgage was redeemed and an order was made to give possession to the respondent. …
The Uttar Pradesh Cooperative Federation Ltd. (appellant), a state enterprise, contracted with Singh Consultants & Engineers (P) Ltd. (respondent) to supply and install a vanaspati plant, requiring the respondent to furnish two irrevocable bank guarantees. The plant was not completed within the …
Bhagwan Dass Chopra, a former clerk of Narang Bank of India Ltd., was terminated in February 1975 and raised an industrial dispute before the Central Government Industrial Tribunal. While the case was pending, Narang Bank merged into United Bank of India (UBI) on 1 August 1976, and UBI was impleaded …
M.S. Jagadambal, the widow of Nagappa Naicker, sued the Southern Indian Education Trust and others to recover a low‑lying, seasonally submerged parcel of land (described as a "pit" or "Pallam") that her husband had purchased in 1929. She claimed continuous possession by her husband and herself and …
The Math (Mahant Dhangir) challenged earlier alienations of its property made by a former Mahant, Lalgiri, which included a 99‑year lease and a sale to Madan Mohan. The trial court declared the lease void but denied possession; the High Court Single Judge declared the sale void but gave no …
The case concerned a senior IAS officer, Badrinath, who delivered a speech criticizing the Red Fort time‑capsule and later sought to sue the Chief Secretary for defamation. He applied for permission under Rule 17 of the All India Services (Conduct) Rules, 1968, which bars civil servants from suing …
The appellants, landlords, sought to evict the respondent tenant under Clause 13 of the C.P. & Berar Letting of Houses and Rent Control Order, 1949, but the tenant had surrendered the lease by mutual compromise and arbitration agreements. The Supreme Court held that Clause 13 restricts only the …
Shyamaraju Hegde appealed to the Supreme Court against a Karnataka High Court order dismissing his revision petition under Section 115 of the Code of Civil Procedure read with Section 50(1) of the Karnataka Rent Control Act. The High Court had relied on its own Full Bench decision in M.M. Yaragatti …
The Supreme Court examined whether an arbitrator, appointed without court intervention, could award interest for the period before the reference and for the pendente lite period of the arbitration. It held that an arbitrator is not a court within the meaning of CPC s.34 and therefore cannot award …
The Central Bank of India obtained a decree against the State of Gujarat for a sum of Rs.59,69,422.59 with interest. While the State appealed the decree, the Bank levied execution and the State deposited the decretal amount in the executing court. The State then applied to the Gujarat High Court for …
The appellants, landlords, obtained an ejectment decree against the respondent under Section 77(3) of the Punjab Tenancy Act, 1887 for non‑payment of rent, and the decree was executed without any appeal. The respondent then filed a civil suit claiming he was a mortgagee in possession, not a tenant, …
Orient Transport Co. and another sued Jaya Bharat Credit & Investment Co. Ltd., seeking a declaration that eight agreements were loan contracts, not hire‑purchase agreements, and an injunction against enforcement. The trial, appellate and High Courts dismissed the suit, holding that Section 32 of …
The appellant obtained a money decree against the judgment debtor and secured attachment of the debtor's land. While the attachment was in force, the debtor sold part of the land to a third party, who subsequently sold it to the respondents. The execution petition was dismissed for default, but was …
General Electric Company (GEC) and Renusagar Power Company entered into a contract for equipment supply, which later gave rise to disputes referred to ICC arbitration. Renusagar filed a suit in the Bombay High Court seeking a declaration that the disputes were not arbitrable, while GEC applied for a …
The appellant, a landlady, sued the respondent tenant for possession of a flat, arrears of rent and mesne profits of Rs.78,000 after the tenancy was terminated. The High Court, relying on the West Bengal Premises Tenancy Act, held that the tenant remained a lawful occupant and that the claim for …
Everest Industrial Corporation borrowed Rs 6 lakhs from Gujarat State Financial Corporation under a hypothecation agreement that stipulated repayment in half‑yearly instalments and interest at 8.5% per annum. After defaulting, the corporation invoked section 31 of the State Financial Corporations …
Bal Niketan Nursery School, a recognised institution under the U.P. Basic Education Act, 1972 and run by a registered society, purchased land and super‑structures in its own name and, through its manager (who was also the society's secretary), served notice to four tenants and filed suits for …
M.L. Agarwal challenged the 1981 Lok Sabha election of Rajiv Gandhi alleging various corrupt practices. The High Court struck out the petition as vague, frivolous and lacking a cause of action under Order VI Rule 16 and rejected it under Order VII Rule 11. Agarwal appealed, contending that the court …
The brothers of a 14‑year‑old boy who was killed in a bus accident filed an application under Section 110‑A of the Motor Vehicles Act, 1939, seeking compensation as legal representatives of the deceased. The Motor Accidents Claims Tribunal awarded Rs 32,000 and the Gujarat High Court dismissed the …
The decree‑holder, who had purchased a mortgaged property at a court auction, filed an application under Order XXI Rule 95 CPC for delivery of possession more than a year after the sale was confirmed. The judgment‑debtors opposed, arguing that the application was barred by the one‑year limitation in …
Binod Mills, a textile undertaking in Ujjain, was declared a relief undertaking under the Madhya Pradesh Sahayata Upkram (Vishesh Upbandh) Adhiniyam, 1978, with protection until 15‑Nov‑1987. The respondent obtained an ex‑parte decree for a monetary sum in the Bombay High Court and had it transferred …
In 1976, respondents Nos. 2‑5 discovered a treasure of gold, silver ornaments and cash while renovating a house and reported it to the Collector, who issued a notification under the Indian Treasure‑Trove Act, 1878. The Collector, believing the treasure was hidden within the statutory period, …
United Bank of India sued Ramesh Chandra Roy Choudhury for recovery of an overdraft. The defendant died in 1960, and his widow informed a different branch of the bank of his death. The suit, filed by the Royal Exchange Branch, continued, and eight years later the bank applied to implead the …
Smt. Ram Lubhai, a minor daughter of the vendor, sued three brothers for possession of land on the basis of a pre-emption right. Only one brother, Kewal Ram, was served; the other two brothers were served by substituted service and a decree was passed ex parte against them. The brothers appealed, …
The Supreme Court considered two appeals arising from the same suit. In the first appeal (Kewal Ram v. Ram Lubhai) the Court examined whether an application under Order IX Rule 13 of the CPC could be filed in the trial court to set aside an ex‑parte decree against defendants who had never been …
The tenant, B.P. Khemka Pvt. Ltd., was sued for eviction on the ground of rent default. While the suit was pending, the West Bengal Premises Tenancy (Amendment) Ordinance 1967 introduced Section 17(2A) allowing tenants in default to pay arrears in instalments, and Section 5 gave it retrospective …
The State of Jammu & Kashmir appealed a High Court order that enhanced compensation for land acquired for public purpose, increasing the award from Rs 1,000 to Rs 8,000 per kanal. The High Court dismissed the appeal as time‑barred, being four days late, and rejected the State's application for …
The appeal concerned whether, under Order 73 of the Civil Procedure Code, the monies earmarked for rateable distribution become the property of the decree‑holder as soon as the executing court issues its distribution order, irrespective of actual payment, and whether the State can assert a statutory …
Sham Lal, a statutory tenant, was sued for eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for alleged non‑payment of rent. The summons returnable date was 26‑06‑1969, on which the tenant appeared and sought an adjournment; the written statement and tender of arrears …
The landlord filed an eviction suit under the Kerala Buildings (Lease & Rent Control) Act, 1965 claiming bona‑fide personal need. The Rent Control Court dismissed the petition, the Subordinate Judge (appellate authority) confirmed the dismissal, and a revision before the District Judge was also …
In a suit where the defendant failed to appear for his evidence despite multiple adjournments, the trial court closed the defendant's evidence and passed a decree ex parte. The defendant filed an application under Order 9 Rule 13 of the Civil Procedure Code to set aside the decree, claiming he …
The petitioners, Sarguja Transport Service, obtained a transport permit which was later set aside by the State Transport Appellate Tribunal. They filed a writ petition (M.P. No. 2945/85) under Articles 226/227 of the Constitution, which the High Court allowed them to withdraw and dismissed as …
The contractor Lakshmichand & Balchand entered into two road‑repair contracts with the State of Andhra Pradesh. An arbitrator awarded the contractor Rs.99 lakhs, but the civil court set aside the award and the High Court allowed only Rs.16 lakhs. In execution proceedings the State claimed a set‑off …
The petitioner, an Indian contractor, performed maintenance work for the Algerian Embassy in 1976 and claimed unpaid dues of about Rs.27,000. He sought permission under Section 86(4)(aa) of the Code of Civil Procedure to sue the Embassy, but the Central Government refused on vague "political …
The Institute of Chartered Accountants of India referred three members to its Disciplinary Committee for alleged professional misconduct relating to a management consultancy brochure. The Committee held a hearing, found the members guilty and reported its conclusions to the Council, which recorded a …
The auction of a judgment-debtor's property was held on 26 July 1985 and the highest bid was accepted. The judgment-debtor deposited the bid amount on 29 August 1985 and filed an application under Order XXI Rule 90 to set aside the sale, followed by another application under Rule 89 on 6 September …
The landlord Om Prakash leased a commercial premises to Musadi Lal, who later sub‑let it to Med Ram without the landlord's written consent. The landlord filed an eviction petition under the Haryana Urban (Control of Rent and Eviction) Act, 1973, invoking s.13(2)(ii)(a). After Musadi Lal's death, his …
The appellant, a shopkeeper allotted a shop by the Railways in Amritsar, was ordered by the Municipal Corporation to demolish his shop after the corporation revoked the construction sanction. He appealed the demolition order to the District Judge under Section 269(2) of the Punjab Municipal …
The petitioner, a stage‑carriage permit holder, objected to a scheme published under section 68‑C of the Motor Vehicles Act, 1939 that would grant the State Transport Undertaking exclusive rights on certain routes. Before the hearing authority under section 68‑D could approve the scheme, he filed a …
The Union of India filed a transfer petition under Section 25 of the Code of Civil Procedure seeking to move a suit filed by the Shiromani Gurdwara Prabandhak Committee and Sardar Gurcharan Singh Tohra against the Union and other respondents for Rs 1,000 crore damages arising from the 1984 Operation …
The respondent was elected to the Lok Sabha from Amethi in the 1984 general election. An elector filed an election petition alleging several corrupt practices, but the petition failed to disclose material facts and particulars required by Section 83 of the Representation of the People Act, 1951. The …
Bharat Singh, a workman dismissed in 1975, obtained a Labour Court award on 28 September 1983 directing his reinstatement and back wages. The management challenged the award by filing a writ petition in the Delhi High Court on 31 January 1984. While the writ was pending, Singh invoked Section 17‑B …
Konkan Trading Co. filed a suit which was withdrawn by the trial court on the condition that it pay Rs.100 costs and was given liberty to file a fresh suit under Order XXIII Rule 1(3) of the CPC. The fresh suit was filed before the costs were paid; the plaintiff later deposited the costs after …
The appellant claimed that lands granted to his ancestor as remuneration for patelship were service inam and not liable to resumption under the Gujarat Patel Watans Abolition Act, 1961 or the Resumption Rules, 1908. The Collector, invoking Rule 4 of the Resumption Rules, classified part of the lands …
The Supreme Court examined whether an intra‑court appeal under clause 15 of the Bombay High Court's Letters Patent is available against a judgment of a Single Judge hearing a petition under Article 227 (or Article 226) of the Constitution. The Division Bench had dismissed the appeal on the basis of …
Ganpat Giri appealed against a decree-holder who, after a court‑ordered sale of Giri's property, purchased the property without the express permission of the executing court required under Order 21 Rule 72 of the Code of Civil Procedure. The executing court set aside the sale under Rule 72(3) and …
The case involved a Hindu Undivided Family (HUF) that received Rs.2,49,874 as insurance proceeds after the death of the Karta's father. The income from this amount was initially taxed in the Karta's personal assessment, but the Income Tax Officer later treated it as HUF income, leading to …
M.S. Ezhlitassan filed a suit for defamation which was dismissed, appealed and obtained a decree for damages. The respondent appealed, the High Court reversed the decree and dismissed the suit. While the appeal before the Supreme Court was pending, the appellant died. His grandchildren filed …
The Supreme Court examined a public‑interest litigation concerning a plot of land in Andheri reserved for a BEST bus depot under the development plan. The BEST Committee approved a scheme to construct two commercial buildings on part of the plot, generating a non‑refundable premium for the …
The case concerned an ancient temple registered as a public trust under the Bombay Public Trust Act, 1950. After trustees terminated the services of two licensees who refused to vacate temple premises, the trustees filed suits for declaration of title and possession. Earlier suits were dismissed for …
The petitioner filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance from her husband, and subsequently applied for an interim maintenance order pending the final disposal of the main application. The Metropolitan Magistrate refused the interim order, …
The Uttar Pradesh Government approved a draft scheme under the Motor Vehicles Act, 1939 to allow its State Transport Undertaking to operate stage carriages on the Saharanpur‑Delhi inter‑state route, excluding all other operators. The scheme, published in 1959, was challenged by 50 operators; the …
The Supreme Court examined an election petition challenging the election of Col. Ram Singh on allegations of corrupt practice, including booth‑capturing and intimidation at two polling stations in the 1982 Haryana Assembly election. The petitioners relied heavily on oral testimony and tape‑recorded …
The plaintiffs, permanent Mirasi tenants, mortgaged their half‑share of Paragana Watan lands to the defendants in 1947. After the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 abolished the watans, the defendants (or their heirs) paid the occupancy price and obtained a grant of the …
The appellant entered into a 1951 deed of exchange with the State of Rajasthan for a plot swap, but the State failed to deliver the exchanged plot. The appellant sued for possession and compensation; interrogatories revealed the exchanged plot had been transferred to a third party and his original …
Two brothers sold a half‑interest in their ice factory to Saghir Ahmed, who later became an evacuee. After a decree for the balance of consideration, Ahmed's properties were attached and sold in execution; Jaswant Singh, a decree‑holder, purchased them. The Custodian of Evacuee Property sought to …
In a suit for eviction under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, the landlord sought to have the tenant's defence struck off for failing to deposit rent as ordered under Section 11A. The trial judge refused to strike off the defence, but the High Court reversed that …
The Rajasthan Urban Improvement Act, 1959 authorized the acquisition of land in Jaipur for a public development scheme. A notice under s.52(2) was served on the respondents at their Calcutta office, and the land was later vested in the State of Rajasthan by a notification under s.52(1). The …
The plaintiff mortgagor filed five suits for redemption and actual possession of mortgaged land, contending that the mortgagees were not tenants and therefore could be evicted after redemption. The mortgagees argued that they were "deemed tenants" under Section 2A of the Bombay Tenancy Act, 1939 (as …
The Supreme Court examined two civil appeals filed by tenants (Ganpat Roy and others) who challenged orders notifying a "deemed vacancy" of their non‑residential premises under Section 12(2) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The tenants argued …
The appellant landlord created a three‑year limited tenancy for the first respondent under Section 21 of the Delhi Rent Control Act, 1958, and sought possession of the premises at the tenancy's expiry. After the tenant failed to vacate despite two registered notices, the landlord obtained a warrant …
The Collector of Kanpur appointed a receiver over Swadeshi Cotton Mills Ltd. and ordered the seizure, attachment and pledge of its 10 lakh shares in Swadeshi Polytex Ltd. The Cotton Mills Company, together with four other shareholders, requisitioned an extraordinary general meeting of Polytex under …
Md. Safiur Rehman, a dock worker, died leaving a widow and son. The Calcutta Dock Labour Board sought attachment of the gratuity payable to Rehman under its scheme to satisfy a decree against the heirs. The Small Causes Court ordered attachment, overruling the Board’s objection that gratuity was …
In the 1980 Punjab Legislative Assembly election, Surinder Singh was elected but his victory was challenged on two grounds of corrupt practice under the Representation of the People Act, 1951: (1) alleged "undue influence" for disturbing an Akali Party meeting with firearms, and (2) alleged …
Sita Prasad Saxena sued the Union of India for salary arrears; his appeal was pending in the Madhya Pradesh High Court when he died. His son Mahendra Kumar Saxena filed applications for substitution of heirs, to set aside the abatement of the appeal, and for condonation of delay under Section 5 of …
Rajendra Jha, a dresser in the Steel Authority of India, was dismissed on charges of misconduct. Because an industrial dispute was pending, the management sought approval of the dismissal under section 33(2)(b) of the Industrial Disputes Act, 1947. The Labour Court held the domestic inquiry invalid …
The wife filed a suit under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, and a consent decree was passed. After a year, the husband filed a petition under Section 13 for divorce, claiming that no cohabitation had occurred following the decree. The trial court …
The landlord filed an eviction application under Clause 13(3)(vi) and (vii) of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 against the partnership firm M/s Chhotelal Pyarelal. The firm contended that the application was not maintainable because the partners were …
The landlord appellant sought an adjournment of his appeal before the Additional District Judge, Moradabad, because his senior counsel was unavailable. The judge refused the request, granted only three days to make alternative arrangements, and then pronounced a judgment that had been prepared in …
Anandilal and others, the original decree‑holders, had obtained a decree against the respondents which was affirmed by the High Court. During the pendency of the appeal, the High Court stayed execution of the decree under Order XLI, r.5 of the CPC, but only the sale of the attached properties was …
The dispute concerned the sale of a six‑bigha property in Duffers Lane, Howrah, which had been under the custody of an Official Receiver appointed in a 1952 suit. The appellant, Sadhu Ram Bansal, offered Rs 4 lakhs, paid Rs 1 lakh and was accepted by the Receiver, but failed to pay the balance …
Bihari Chowdhary and another filed a suit for declaration of title and possession of immovable property against the State of Bihar. Before filing, they served a notice under Section 80 of the Civil Procedure Code on 18‑Feb‑1969 but instituted the suit on 2‑Apr‑1969, i.e., before the two‑month …
The plaintiff's father, Seth Lachhman Dass Gupta, had a contract with the Government for supplying charcoal and, due to a price escalation clause, served a notice under Section 80 of the Code of Civil Procedure (CPC) demanding the higher price. He died before filing a suit, and his three sons filed …
The Supreme Court examined the detention of J.S. Talwandi under Section 3 of the National Security Act, 1980. The respondent argued that the detaining authority failed to provide sufficient particulars of the first ground of detention, violating Article 22(5) of the Constitution, and that the …
The Supreme Court examined whether a nominee under Section 39 of the Insurance Act, 1938 acquires a beneficial interest in the proceeds of a life‑insurance policy when the assured dies intestate. The deceased, governed by the Hindu Succession Act, 1956, had nominated his wife as the sole nominee. …
The respondent, Dina Nath, defaulted on liquor licence fees and was subjected to revenue recovery proceedings under the Punjab Land Revenue Act, 1887, resulting in a proclamation prohibiting the transfer of his half‑share in a residential property and notifying it for auction. He filed a suit …
The Supreme Court examined an election petition that had been dismissed for the petitioner's failure to appear and produce evidence, despite statutory mandates for disposal within six months. The petitioner sought to delete a specific prayer, and the High Court allowed the deletion and later …
Forasol, a French company, entered into a drilling contract with ONGC that required most payments in French Francs and 20% in Indian rupees at a fixed rate. After the rupee was devalued, Forasol claimed a higher conversion rate, which the arbitrator awarded without specifying a rate for the Franc …
Soundararaj sued the respondents for demarcation of his property boundary and a mandatory injunction to remove eaves protruding onto his land. The trial court, after accepting the commissioner’s report, decreed a boundary wall and ordered removal of the eaves. Both the subordinate judge and a Single …
Ram Sarup, dismissed from service, filed a suit as an indigent person which was dismissed. He appealed to the Delhi High Court as a pauper under Rule 1 of Order 44, CPC, seeking permission to appeal without paying court fees. The High Court dismissed the application by a one‑word order and also …
The Supreme Court examined a petition filed under Article 227 of the Constitution challenging the sale of a property executed against a judgment-debtor. The sale was ordered by a Subordinate Judge after the surety of the judgment-debtor failed to deposit the required amount and subsequently died. …
The appellant, a simple mortgagee who obtained a decree on a 1948 mortgage and later purchased the mortgaged property, sought to have an attachment made on 24‑September‑1964 (by the respondent creditor) raised under Order 21 Rule 58 of the Code of Civil Procedure. The trial court allowed the claim, …
The United Industrial Bank sued the Cotton Corporation of India seeking a declaration that the bank’s branch manager lacked authority to co‑accept usance bills and also obtained an interim injunction restraining the corporation from filing a winding‑up petition against the bank. The Bombay High …
The petitioners, who had defaulted on Uttar Pradesh sales tax, were subject to arrest and detention under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, as a method of recovering arrears treated as land revenue. They challenged the constitutionality of this process, alleging …
The Directorate General of Supplies & Disposals (DGS&D) entered into a standard form contract with Kamaluddin for timber supply, which contained Clause 18 allowing the Government to recover any claimed sum by appropriating amounts due under other contracts, and Clause 24 providing for arbitration. …
Mange Ram, the petitioner, challenged the election of Brij Mohan to the Haryana Legislative Assembly by filing an election petition under the Representation of the People Act, 1951. During the trial he sought to examine a large number of witnesses he had kept present in court, but whose names were …
Bhagwan Dass obtained an ex‑parte decree in a small causes suit and, within the limitation period, applied for security under the proviso to s.17(1) of the Provincial Small Cause Courts Act, 1887. He furnished a surety bond stamped with a court‑fee of Rs 2, which the court later held was not duly …
The petitioner Jharia was convicted under IPC s.302 read with s.34 and sentenced to life imprisonment, a conviction upheld by the Rajasthan High Court while his co‑accused were acquitted. He applied for special leave to appeal to the Supreme Court under Article 136, but the petition was dismissed, …
Smt. Dipo sued to recover possession of her deceased brother Bua Singh's properties, claiming to be his nearest heir. The trial court held that she could inherit only the non‑ancestral lands, as under local custom a sister is excluded from ancestral property in favor of collaterals. On appeal, the …
The State Trading Corporation sued M. Ramnarain Private Ltd. for a sum of over Rs. 40 lakhs. The trial judge granted a decree in favour of the plaintiff and allowed the payment of the decretal amount in instalments. The defendant filed an appeal (No. 36/1981) only against the instalment order, …
M.G. Brothers Lorry Service, a common carrier, failed to deliver a consignment of yarn entrusted by Prasad Textiles. The Way Bill governing the carriage contained Condition 15, which required any claim to be made in writing within 30 days of booking or arrival. Prasad Textiles gave notice of claim …
The appellants sought substitution of the deceased sole appellant's legal representatives, setting aside of abatement, and condonation of delay in a ceiling appeal under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The Additional District Judge dismissed the application, and the High …
The Supreme Court examined several election petitions filed by Dr. H.V. Hande challenging the election of M. Karunanidhi. The petitioners had deposited the required Rs.2,000 security for costs in the Reserve Bank of India on a pre‑receipted challan, and the petition included a photograph of a fancy …
The respondent obtained a decree for recovery of money, which was executed by the sale of the appellant's property. The sale was later set aside on appeal, and during the second appeal the parties entered into a court‑sanctioned compromise whereby the appellants would deposit Rs 60,000 by a …
Munshi Ram filed a suit for possession of land, invoking his pre-emption right against Narsi Ram and another, based on a certified copy of a sale deed that listed only those two respondents. During the trial, the original sale deed was read out, revealing a third vendee, Munni Devi, who had not been …
The Official Liquidator instituted misfeasance proceedings under Section 543 of the Companies Act, 1956 against the directors of a company in liquidation, including Dr. S.N. Sinha. Dr. Sinha died intestate during the pendency of the suit, and his heirs and legal representatives were substituted in …
The case concerned a partition suit for 108 acres of land where the original decree holder assigned his 3/8 share to Vishnu Hari Patil, who initiated execution proceedings under Section 54 of the Code of Civil Procedure. During the pendency of the partition, the appellants purchased five fields from …
Syedabad Tea Co. Ltd. owned three parcels of land in Bihar that were acquired by the State of Bihar in 1951 under the Land Acquisition Act. While the State of Bihar appealed the compensation awarded by the District Judge, the West Bengal (Transfer of Territories) Act, 1956 came into force, …
The appellant, a decree‑holder in a pre‑emption suit, was required to deposit the purchase price and costs in court. He deposited the full amount except for a shortfall of 25 paise, which he later paid after obtaining permission, claiming a bona‑fide mistake. The executing court condoned the …
The appellant Roop Lal challenged the election of Nachhattar Singh to the Punjab Legislative Assembly on the ground that the Election Commission’s re‑allocation of the party symbol ‘hand’ to the respondent violated the Election Symbols (Reservation & Allotment) Order, 1968 and the provisions of the …
The landlord, a Hindu Undivided Family, sought eviction of the tenant, Precision Steel & Engineering Works, under clause (e) of the proviso to Section 14(1) of the Delhi Rent Control Act, claiming bona‑fide personal need for the premises. The tenant filed an affidavit seeking leave to contest, …
The wife filed a petition under Section 13 of the Hindu Marriage Act for divorce, and the trial court passed an ex‑parte decree in her favour on 6‑12‑1979. The husband appealed the decree under Section 96 of the CPC and sought condonation of delay under Section 5 of the Limitation Act, but the …
The dispute arose from a contract between Food Corporation of India and Yadav Engineer that contained an arbitration clause. Yadav Engineer filed a suit seeking a declaration that the contract was subsisting and an interim injunction against the corporation. The corporation appeared, sought time to …
The Banco Nacional Ultramarino (BNU) operated branches in Goa, Daman and Diu until the territories were liberated from Portuguese rule in 1961. On the eve of liberation BNU transferred assets to its Lisbon head office, leaving local depositors and borrowers in distress. The President of India …
The Supreme Court considered an appeal by N. Bhatnagar, who occupied flat No. 52 in Shyam Niwas under a leave‑and‑licence agreement with a co‑partner member of Shyam Cooperative Housing Society. After the licence was terminated in 1965, the society and the member sought his eviction under section …
The appellant, a tenant, occupied a shop on 16 June 1967. The landlord sought eviction, arguing that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 did not apply because the building was within the ten‑year exemption period. The lower courts held that the date of …
The case arose from an election petition filed by Debi Ghosal challenging the Lok Sabha election of Mohd Ismail from the 19‑Barrackpore constituency. The petition impleaded the Chief Minister of West Bengal, Jyoti Basu, and two other state ministers, alleging they colluded with the returned …
The decree‑holder obtained a decree for eviction of the judgment‑debtor’s shop in 1960. During execution proceedings a compromise was entered in 1968 whereby the debtor, having already vacated half the shop, was given time until 31‑Dec‑1972 to vacate the remaining half and to pay Rs 110 per month as …
Babu Lal purchased land from respondents 6‑9, which had earlier been agreed to be sold to respondents 1‑5. The latter sued for specific performance of their contract; the trial court dismissed, but the appellate courts decreed specific performance and ordered the sale deed to be executed in favour …
The plaintiff, daughter of Moola Narayanaswamy, claimed ownership of a half share in a property sold in insolvency proceedings and alleged a partition in 1952 that allotted her the southern half. The first defendant, Nagappa, contested, alleging the transactions were benami and that no partition …
Motibhai created two mortgages on his property; after his death the mortgagor's heirs and successive mortgagees transferred their interests, and the plaintiff, Narandas Haribhai Patel, purchased the equity of redemption from the heir Taralaxmibai and sued the mortgagees for redemption. The issues …
The Supreme Court examined the constitutional validity of the second proviso to clause 11(1) of the Punjab Foodgrains Dealers Licensing and Price Control Order, 1978 (as amended 1980), which allows the licensing authority to suspend a foodgrains dealer’s licence for up to ninety days without giving …
The Supreme Court examined a writ petition filed under Article 32 by the Shia community of Mohalla Doshipura, Varanasi, seeking enforcement of their customary rights to perform religious rites on nine specific plots and structures, rights previously affirmed by civil courts and Wakf registrations. …
The appellant, Pandurang Jivajirao Apte, was the garnishee of property attached before judgment in a suit filed by the deceased R. G. Ashtakar for recovery of dues. Apte sold the attached property to Madhusudan Vasudeo Bavdekar under Section 176 of the Indian Contract Act after giving notice, but …
Sundar Dass, a former railway clerk, was suspended on 17 February 1949 after it was discovered that he had concealed a prior discharge from railway service in 1944. He was dismissed on 14 May 1949, but the Rajasthan High Court later set aside that dismissal on grounds of natural justice, directing …
The parties entered into a building contract containing an arbitration clause. After a series of applications and a change of arbitrator, the Supreme Court appointed the final arbitrator and gave directions for the conduct of the arbitration. The arbitrator made an award on 11 November 1977 and, on …
The Supreme Court considered a civil appeal filed by the State of Gujarat against S.M. Baquir, wherein the sole respondent died on 10 December 1978. The Court held that the right to sue survived in the deceased's legal representatives, but under Order XLXI of the CPC and Article 121 of the …
The landlord sued the tenant for eviction under Section 20(2)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging rent arrears of at least four months. The tenant denied any arrears, contending that he had stood surety for the landlord’s sales‑tax dues and …
In a suit for specific performance filed in the original side of the Bombay High Court, the plaintiff sought the appointment of a receiver and an interim injunction. The single Judge dismissed the application, and the plaintiff appealed to a Division Bench, which held the appeal was not maintainable …
The plaintiff, a merchant displaced from Uganda, filed a suit under section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 seeking eviction of the defendant who had licensed another person to occupy the shop as a godown. The defendant argued that eviction would cause …
The respondent, a lessor, sued the appellant, a lessee, for ejectment and recovery of arrears of rent. Under Rule 5 of Order XV of the CPC, the appellant was required to deposit the admitted rent and make regular monthly deposits; failure to do so made his defence liable to be struck off, subject to …
The landlord filed two eviction suits seeking possession of a non‑residential building, claiming he needed the premises to start a medicine shop and to carry out reconstruction, and that he had no other suitable accommodation. The tenant argued that the landlord already possessed a major portion of …
Advocate R.K. Garg, appearing for a petitioner in a Rent Act matter, threw his shoe at the presiding judge after the petition was dismissed for non‑payment of process fee under Order 9 Rule 2 CPC. The judge sought to arrest him under Section 228 IPC and referred the matter to the Himachal Pradesh …
Jethabhai Khatau & Co. sued Luxmi Narayan Cotton Mills Ltd. for a decree of Rs. 2.85 lakh. The decree amount was to be paid from a fixed deposit of Rs. 8.40 lakh held by Grindlays Bank on behalf of a receiver. The High Court issued several interim orders directing the bank to pay the amount, but the …
The case involved a dispute over a letter of credit issued by United Commercial Bank (UCB) for the sale of mustard oil by Godrej Soaps Ltd. to the Bihar State Food & Civil Supplies Corporation. The seller presented documents that the bank deemed discrepant because the railway receipts described the …
Guda Vijayalakshmi (petitioner) filed a maintenance suit in Eluru, Andhra Pradesh, while her husband filed a divorce suit under the Hindu Marriage Act in Udaipur, Rajasthan. The petitioner sought transfer of the divorce suit to Eluru under Section 25 of the Code of Civil Procedure (CPC) so that both …
The case involved a mortgaged bungalow that, after a compromise decree allowing sale on default, was leased to three tenants. When the mortgagor failed to pay, the bank sold the property at a court auction and the highest bidder, Gyan Chand Jain, obtained a sale certificate. Jain applied under Order …
Harcharan Singh, a tenant of a shop in a U.P. cantonment, failed to pay rent for 1965‑66. The landlord sent a combined notice of arrears and eviction by registered post on 9 November 1966, which the tenant refused to accept on 10 November. The landlord sued for eviction under the U.P. Cantonment …
Kshitis Chandra Bose sued the Ranchi Municipality for declaration of title and possession of plot No. 1735, claiming title by a 1912 Hukumnama and by prescription after 30 years of continuous, open, hostile possession. The trial court and the Additional Judicial Commissioner upheld his claim on both …
The appellant's property was attached and sold in execution of a decree. He claimed the sale proclamation contained several irregularities and filed an application under Section 47 of the Code of Civil Procedure to set aside the sale. The executing court agreed that the irregularities vitiated the …
The Central Government referred an industrial dispute between Grindlays Bank Ltd. and its workmen to the Central Government Industrial Tribunal under s.10 of the Industrial Disputes Act, 1947. After several adjournments, the Tribunal refused a further adjournment on 9 December 1976 and passed an …
R. Subba Rao, having lost two suits before an Additional Sub‑Judge, issued a notice accusing the judge of bad faith, malice and bias and demanding damages. The judge referred the notice to the High Court, which, on the Advocate‑General's petition, convicted Rao of criminal contempt under Section …
Ramji Dayawala & Sons entered into a sub‑contract with Yugoslavian firm Invest Import that contained a clause referring all disputes to arbitration before the International Chamber of Commerce in Paris. After completing the work, the Indian contractor sued for unpaid sums, and Invest Import moved to …
The dispute concerned a deed of adoption executed by Mansaram in 1944, which the appellant Madan Lal sought to enforce. The trial and district courts dismissed the suit, but the Rajasthan High Court set aside those judgments, holding that Mansaram was not of sound mind when he executed the deed. The …
In the 1978 Andhra Pradesh Legislative Assembly election, K. Veera Reddy was elected. V. Krishna Reddy filed an election petition alleging Veera Reddy's disqualification under Section 9A of the Representation of the People Act, 1951. All candidates, including Thammanna (original respondent No.5), …
The respondent filed a suit for damages against Shalimar Rope Works Ltd. and served summons at the company's registered office in Calcutta, handing it to an office assistant, Navlakha, who was not a secretary, director, or principal officer. The company remained unaware of the summons and the …
The Supreme Court considered three Special Leave Petitions challenging the Allahabad High Court's refusal to entertain revisions under Section 115 of the CPC on the ground that Section 3 of the Uttar Pradesh Amendment Act, 1978 bars such revisions when the original suit is valued below Rs 20,000. …
The State Bank of Saurashtra extended a cash‑credit facility to Harilal Adatia on two securities: a pledge of 5,000 tins of groundnut oil and a personal guarantee by Chitranjan Rangnath Raja. The bank negligently lost the pledged oil tins while they were in its custody. After the principal debtor’s …
Two election petitions were filed by defeated candidates alleging that the elected candidate, Sultan Ahmad Owasi, indulged in corrupt practice by delivering speeches that promoted religious hatred. The appellant denied making any such speeches and sought to prove an alibi, claiming he was in Adoni …
The landlord (appellant) had a lease with Laxmi Bank, which was declared the real tenant in a 1948 suit. After the bank was wound up, the Official Liquidator sold the tenancy rights to respondent No.1, who took possession in February 1961. The landlord obtained a decree for eviction of the bank on …
The respondent’s ancestor was an Assamidar who held a parcel of land in Srinagar until the Maharaja’s Durbar resumed it in 1894, recording it as "Khalsa" state land and paying only rent, with no compensation. Sixty years later the respondent sought compensation, prompting the State to initiate a …
The landlords of a premises in Kirkee Cantonment sued the tenant for possession and rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The suit was decreed, appealed, and a compromise decree was entered on 12 July 1967 giving the tenant time to vacate. After the Supreme …
The Supreme Court considered five civil revision petitions filed under Section 115 of the Code of Civil Procedure (CPC) that were dismissed by the Allahabad High Court on the ground of lack of jurisdiction. The Court examined whether the High Court could exercise revisional jurisdiction under …
The appellants, judgment‑debtors, had decrees for payment of money against the Bank of Cochin and their properties were attached with a receiver appointed. The execution court issued a warrant for their arrest and detention in civil prison under Section 51 of the Code of Civil Procedure and Order 21 …
The landlady (V. K. Chowdhry) sought eviction of her tenant (N. D. Taneja) under clause (e) of the proviso to section 14(1) of the Delhi Rent Control Act, claiming she needed the premises for her own residence. The Additional Rent Controller refused eviction, finding procedural deficiencies. The …
The case concerned a dispute over a house in Varanasi claimed to be property of the Garwaghat Math, a religious institution of the Sant Mat Sampradaya. The appellant argued that the plaintiff, a Sudra, could not be ordained as a sanyasi or mahant and that the house was his personal inheritance, not …
Rattan Lal sold land to Sri Ram and later agreed to reconvey it for a price. Sri Ram sued for specific performance and obtained a decree, which Rattan Lal assigned to Dhani Ram Gupta and another. The assignees filed an execution application under Order XXI‑Rule 16, giving notice to both the …
The Union of India, acting through the Railway Department, removed a railway inspector, Satish Chandra Sharma, for alleged misconduct and later ordered his reinstatement and back pay through an interim injunction. Sharma failed to comply with the injunction, prompting the trial court, under Order 39 …
The State of Uttar Pradesh appealed a decision of the Allahabad High Court which had ordered a refund of court fees under Section 13 of the Court Fees Act, 1870 after a case was remanded to the lower court under Order XI Rule 23 of the Code of Civil Procedure, 1908 as amended by the High Court. The …
The Supreme Court examined whether the Hydel Upper Bari Doab Construction Project, undertaken by the Punjab Hydel Department, qualified as an "establishment" under Section 1(3)(b) of the Payment of Gratuity Act, 1972, and whether the retrenchment of its workers entitled them to gratuity. It held …
The tenant Kewal Singh occupied premises under a lease when the landlord Lajwanti filed an eviction suit under the Delhi Rent Control Act invoking sections 14A(1), 14(1)(e) and 14(1)(f). She later withdrew the bonafide necessity and repair grounds, then amended the suit to re‑insert the 14(1)(e) …
M. P. Sinha, the Government Pleader for Patna district, was authorized to represent the State in all civil matters. When the Bihar Government appointed nine Assistant Government Pleaders and assigned a large batch of land‑acquisition cases to one of them, Sinha refused to hand over the briefs, …
The Nizam's Jewellery Trust, created by the late Nizam of Hyderabad, authorized its trustees to sell jewellery at their discretion after a three‑year period. In 1978 the Board of Trustees resolved to sell 37 items, but only four of the five trustees opened the tenders and purportedly accepted bids …
A landlady repeatedly let her premises to a tenant for residential purposes under Section 21 of the Delhi Rent Control Act, 1958, obtaining the Controller's sanction each time. When the lease expired, she sought summary eviction via an execution petition, which the Controller rejected on the ground …
In a money suit based on a mortgage, a consent decree was passed and the decree-holder assigned his interest to Mahadeo Prasad Tibrewalla. After part‑payment, one judgment‑debtor died and his heirs were substituted. A 1953 consent order quantified the debt and prescribed satisfaction by conveyance …
The Union of India appealed against R.B. Ch. Raghunath Singh & Co. under the Arbitration Act, 1940, seeking appointment of an arbitrator after the designated Director of Storage post was abolished and the Chief Commissioner refused to act. The issue was whether the court could fill the vacancy under …
