Code of Civil Procedure, 1908

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 corporation. A petition chall…

Sughar Singh sued for specific performance of an agreement to sell land executed in 1976, where part consideration had been paid and extensions of time were granted. The trial court and first appellate court found the agreement valid and held that the plaintiff was always ready and willing to perform his part, granting…

Dr. Amit Kumar and Dr. Sonila, both doctors posted with the CRPF, obtained a decree of divorce by mutual consent in 2016 which stipulated that custody of their two minor children would vest with the father, with each parent bearing the expenses of one child. After the father was transferred to Jammu, the children were …

The plaintiffs purchased a house in 1985 and sued the original defendant, who had been living in two rooms of the house even before the purchase, for a declaration of title and possession of the entire house. The trial court dismissed the suit, holding the defendant had acquired title by adverse possession; the first a…

The 2009 Lok Sabha election for Amritsar was challenged in an election petition alleging three categories of corrupt practice: excess election expenditure on newspaper advertisements, excessive spending on public meetings, and assistance from a gazetted officer, along with a grievance about the Returning Officer's hand…

The case concerned the nature of the power exercised by the Chief Justice of a High Court or the Chief Justice of India under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint arbitrators when parties fail to do so. The petitioners argued that this power is judicial, requiring the Chief Justice to …

The Food Corporation of India (FCI) was directed by the Employees’ Provident Fund (EPF) Commissioner to deposit contributions for workers employed by contractors at its depots in Rajasthan. FCI contended that it was denied a reasonable opportunity to produce evidence identifying those workers because the Commissioner n…

The appellants challenged the sale of two properties of a public trust, alleging that the sales were made at a fraction of market value and without public notice. The sales were approved by the subordinate court under a scheme-decree issued in a suit filed under Section 92 of the Civil Procedure Code, which sought remo…

The Supreme Court examined whether two sales of land by Nawal Singh, made after he received a notice under the East Punjab Utilisation of Lands Act, 1949, were valid despite claims of lack of legal necessity. The lower courts had upheld the first sale (to Nathu Ram) as partially necessary and dismissed the second sale …

The plaintiff Ashiyal Beevi sued for exclusive ownership of a property, claiming a one‑sixth share based on a sale deed, while the defendants contested the validity of a prior gift deed. The trial court decreed only a one‑sixth share to the plaintiff and rejected her review application seeking a full decree. The plaint…

K. Madan Mohan Rao filed an election petition (No.34/2019) in the Telangana High Court and moved an application under Order VII Rule 11 of the CPC seeking exemption from filing the impugned order. After a prolonged hearing, the High Court pronounced an order on 15 June 2022 allowing the application and rejecting the el…

A wakf deed executed in 1913 appointed the original mutawalli and stipulated that the office would devolve to "putro poutradi krome" of the original mutawalli. After the last male mutawalli died without a son, he had executed a trust deed appointing his wife, Nazira Khatoon, as his successor. The Commissioner of Wakfs …

The petitioners filed a writ under Article 32 seeking a declaration that Supreme Court proceedings of constitutional and national importance be live‑streamed and that a regulatory framework be established. The Court examined whether live‑streaming is compatible with the constitutional mandate of open courts, the rights…

The dispute arose from an eviction suit where the parties compromised, obligating the defendants to vacate the premises by a specified date and pay mesne profits for delay. The defendants failed to vacate, prompting the plaintiff to file an execution application which the executing court dismissed the defendants' objec…

The parties, heirs of a deceased businessman, disputed the division of his properties and resolved the matter by arbitration, which resulted in an award on 18 February 2010 that was received on 21 February 2010. The respondents filed an application under Section 34(3) of the Arbitration and Conciliation Act, 1996 to se…

The appellant Uttaradi Mutt filed a suit for injunction against the respondent Raghavendra Swamy Mutt, which was dismissed by the trial court. On appeal, the respondent sought to produce additional evidence under Order XLI Rule 27 of the CPC; the First Appellate Court rejected these applications while allowing the appe…

Patel Ahmed Mohammad, a Rajya Sabha member, was challenged by Balwant Singh Rajput in an election petition alleging corrupt practices and vote irregularities. The appellant filed three applications for dismissal of the petition: (i) on the basis that office objections under Gujarat High Court Rules were not removed (Ap…

The Central Provident Fund Commissioner appealed against the trial court’s rejection of an application under Order VII, Rule 11 of the Code of Civil Procedure, which sought dismissal of the plaint filed by Lala J.R. Education Society. The appellants argued that the respondents had exhausted remedies under the Employees…

The Supreme Court Bar Association (SCBA) amended its Rule 18 to introduce a "One Bar One Vote" principle, restricting voting rights to advocates who regularly practice before the Supreme Court. Two SCBA members, B.D. Kaushik and A.K. Manchanda, challenged the amendment and obtained an interim injunction restraining its…

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

The respondent firm sued the appellant for recovery of a dishonoured cheque issued after the appellant retired from a partnership. The trial court dismissed the suit without specifically addressing the appellant's claim of fraud and forgery. On appeal, the respondent filed an application under Order 41 Rule 27 of the C…

The appellant, Mis. TCI Finance Ltd., obtained a decree for Rs.20,91,319 against Dr. Ashok Kumar Gupta, the proprietor of the respondent company, and sought execution of the decree. The respondent company, Calcutta Medical Centre Ltd., claimed to be a tenant of Dr. Gupta’s mother and filed an intervention application i…

Harshad Chiman Lal Modi entered into a plot‑buyer agreement with DLF Universal Ltd for a residential plot situated in Gurgaon, while the agreement was executed and payments made in Delhi. He sued the defendants in the Delhi High Court for declaration, specific performance, possession and a permanent injunction. The sui…

The plaintiff Jineshwardas sued for specific performance of an alleged sale deed; the trial court and first appellate court dismissed the suit, holding the deed was merely an agreement to repay. In the second appeal before the Madhya Pradesh High Court, the parties' counsel reached a settlement whereby the respondents …

The case concerned a suit for partition of land originally owned by the widow Gangammal, filed by the legal representatives of the deceased K. Ethirajan. The respondents, representing the heirs of M. Gurunathan, claimed inheritance rights over the same property. The trial court and first appellate court granted a preli…

In eviction suits filed by landlords against tenants, the landlords sought to strike off the tenants' defence under Order XV Rule 5 of the CPC for failing to deposit arrears of rent before the first hearing. The trial court refused to strike off the defence, allowed the tenants to deposit the arrears later, and accepte…

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 interest under Section…

The appellants owned a property that was leased to Aditya Motors, a sole proprietorship of Pilla Durga Prasad. After the lease expired, the appellants filed an eviction suit against the lessee and its assignees. The suit was later amended to substitute the proprietor, Pilla Durga Prasad, in place of the firm. The defen…

The plaintiff, A. Krishnappa, sued the defendant’s wife, Smt. Narasamma, for possession of a schedule property, claiming full ownership and seeking removal of a temporary structure. The defendant relied on an unregistered sale agreement dated 10‑10‑1976 and a General Power of Attorney dated 08‑08‑1988 to assert title, …

L.C. Hanumanthappa filed a suit for permanent injunction against H.B. Shivakumar on 9 March 1990. The defendant’s written statement dated 16 May 1990 denied the plaintiff’s title to the suit property, thereby putting the plaintiff on notice that a right to sue for declaration of title had arisen. On 1 April 2002 the pl…

The first respondent executed a registered sale deed in favour of the appellant on 30 November 1992 and later filed a criminal complaint alleging cheating, which was dismissed on 30 November 1993. After a delay of fourteen years, on 28 June 2006, the first respondent instituted a civil suit seeking declaration of title…

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 a 30% solatium and …

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 heir Bal Kishan was…

The appellants challenged a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, before the High Court of Uttarakhand. The High Court admitted the appeal without formulating any substantial question of law at the time of admission and later, during the hearing, confined itself to three questions.…

The Supreme Court examined a suit where the plaintiff sought recovery and the trial court, after an application under Section 89 of the CPC, formulated issues and referred the matter to arbitration despite the defendants' refusal. The Court held that Section 89 requires a preliminary hearing after pleadings, a summary …

The respondents filed a suit for declaration of title, which the trial court dismissed. The first appellate court reversed the decision, granting title to the respondents on the basis of adverse possession, even though the trial court had not framed any issue on that point. The appellant filed a second appeal, contendi…

In an election petition, the appellant sought to recall witness PW‑31 Surinder Pal Singh to confront him with a judgment from another case. The application was filed under Order XVI Rule 3 of the Code of Civil Procedure, 1908, which deals with tender of expenses to witnesses, and was rejected by the Punjab and Haryana …

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), which had been extend…

The appellant, Mohd. Inam, challenged a vacancy declaration made by the Rent Control and Eviction Officer under Section 12(1)(b) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging that only his family members occupied the premises and therefore the vacancy provision was …

The respondent landlord, owner of a 152 sq.ft. shop, leased it to the appellant tenant from 1978 and periodically raised the rent, later filing an eviction suit under M.P. Accommodation Control Act, 1961 s.12(1)(f) claiming a bona‑fide need to use the premises for his own business, which he was conducting in a tiny 3 f…

The case arose when a flour mill owned by the writ petitioners was found to be stealing electricity, leading to an FIR and trial under the Indian Electricity Act, 1910. While the trial was pending before a Metropolitan Magistrate, Andhra Pradesh amended the Act (2000) to create Special Tribunals and Courts, increase pu…

The landlord served a notice on the tenant on 28‑08‑1991, seeking vacancy of two rooms by the end of October 1991, claiming the tenancy was governed by the English calendar. The tenant contested, arguing that the tenancy followed the Bengali calendar and that the notice therefore failed to give a clear one‑month period…

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

The petitioners were former employees of the Faridabad Development Board who retired between 1976 and 1986 and sought pension benefits under a scheme introduced in 1992. They relied on a prior civil suit where similarly situated employees were granted pension, arguing that the decree should bind the administration as r…

The appellant, a Sub‑Inspector of Police, and a co‑accused were tried under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The trial court acquitted them, but the High Court reversed the acquittal and convicted them, citing that the demand for illegal gratification on 24 January 1989 had not bee…

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

The appellant (Superintending Engineer) and respondent (B. Subba Reddy) entered into four contracts which were later arbitrated, resulting in awards that granted damages for delay and interest at 18% per annum on the total award, EM Deposit, Bank Guarantee and damages. The Principal Subordinate Judge, applying the rule…

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 right in the property, s…

The landlords obtained eviction decrees against the legal representatives of original tenants under the Delhi Rent Control Act. Two heirs, who were not joined as parties, challenged the execution of those decrees, asserting independent tenancy rights. The Supreme Court examined whether unjoined heirs are bound by a dec…

The dispute involved a 100‑acre tank and its appurtenant land in Vatticherukuru village, originally granted by a zamindar for digging and maintaining a tank. The descendants of the original grantee held a ryotwari patta under the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, while the Village Panch…

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 third defendant appe…

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 promptly. Respondents 1‑4…

Charan Singh, a tube‑well operator in the Uttar Pradesh Fisheries Department, was terminated in August 1975 on the ground that he was a temporary employee and was given one month's wages in lieu of notice. He contended that he was a permanent workman and that the termination violated the Uttar Pradesh Industrial Disput…

A decree dated 22 April 1983 led to a series of execution petitions. The earlier petitions (EP No.19 of 1984, EP No.101 of 1984, EP No.369 of 1986) were dismissed, and an application to restore EP No.369 (EA No.238 of 1994) was also dismissed as not pressed. A fresh execution petition (EP No.177 of 1995) was filed on 1…

Sarwan Singh filed a second appeal before the Punjab & Haryana High Court challenging a lower court order. On the scheduled date, the appellant failed to appear, and the High Court dismissed the appeal on its merits for non‑appearance. The appellant then applied under Order XLI Rule 19 read with Section 151 of the Code…

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

The case concerned an Otti mortgagee (defendant No. 2) who, after a preliminary decree of redemption, claimed to be a "cultivating tenant" under the Kerala Land Reforms (Amendment) Act, 1969 and obtained a purchase certificate from the Kerala Land Tribunal. The appellant sought to have the final decree proceedings in t…

The Supreme Court examined an appeal by an auction purchaser challenging a Allahabad High Court order that restored possession of a property to multiple judgment‑debtors under Section 144 of the Code of Civil Procedure and awarded mesne profits. The property had been sold in execution of a money decree, later re‑auctio…

The petitioners' land was acquired by the Karnataka State Road Transport Corporation under Section 4(1) of the Land Acquisition Act, 1894, and the acquisition became final after the Supreme Court dismissed their earlier special leave petition. The petitioners later offered to give part of the land free of cost and soug…

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, but were not properly …

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 served, even though an ap…

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 statutory period prescribe…

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 oil as "unrefined" c…

Mrs. F.L. Raitt, a foreign national, sold a portion of her Indian immovable property to the predecessor of the appellant after obtaining prior RBI permission, but gifted another portion to respondent No.1 without such permission. The appellant and respondent No.4 sued to declare the gift deeds void; the trial court dis…

The suit concerned a parcel of urban land that had been subjected to ceiling proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 and subsequently vested in the State, which later leased it to Apollo Gleneagles Hospitals for 30 years. The plaintiffs (Respondent Nos. 1‑7) filed a civil suit seeking declar…

The Nasik Municipal Corporation sought restoration of an execution petition (Special Darkhast No.49 of 2002) on the condition that it deposit a cost of Rs.25,000, as ordered by the High Court. The executing court refused to accept the cost, holding that the time limit set by the High Court had expired and it lacked aut…

Nagabhushanammal (deceased) filed a suit for partition of a family property in 1988. An earlier suit filed by her in 1962 for possession based on a settlement deed had been dismissed. The defendant argued that the 1988 suit was barred by res judicata and that his long possession amounted to adverse possession. The tria…

The appellant challenged a writ order of the Allahabad High Court that had vacated an interim injunction granted by a civil court, arguing that a writ of certiorari under Article 226 could not be issued against orders of a civil court. The Supreme Court was asked to reconsider the view expressed in *Surya Dev Rai* that…

The Supreme Court examined whether the Gujarat High Court was justified in condoning a delay of more than four years in filing an appeal against a decree dated 30‑10‑2004. The respondents, Gujarat Industrial Development Corporation, claimed the delay was caused by administrative mishandling and sought condonation under…

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

The plaintiff sued for specific performance of a 1978 agreement to sell a plot that was sub‑leased by a cooperative society and required Delhi Development Authority (DDA) permission for transfer. The defendant‑appellant cancelled the agreement, returned the advance and claimed the plot could not be sold because the lea…

Therakhatoon purchased land in 1966 and later alleged that her neighbour, Slambin Mohammad, illegally occupied part of it and constructed two rooms in 1967. After a delay of several years, she filed a suit for possession, injunction and damages, which was initially dismissed by the trial court, reversed by an appellate…

Prahlad Saran Gupta, a senior advocate and standing counsel for the Railways, was disciplined by the Bar Council of India for alleged professional misconduct, including drafting a notice for a private client while acting for the Railways, handing a letter to a judgment debtor to obtain a stay of execution, and wrongful…

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 candidate to commit corrupt …

The case concerned several Government Orders (GoMs) issued by the Andhra Pradesh (now Telangana) government that allotted public land at basic rates to a select class of persons – MPs, MLAs, All India Services officers, judges of the Supreme Court and High Courts, and journalists – through cooperative societies. The pe…

The appellants (Akkamma & Ors.) filed a suit in 1987 seeking a declaration of ownership of land and a permanent injunction against the respondents (Vemavathi & Ors.) alleging interference with possession. The trial court dismissed the suit on the ground that the plaintiffs could not establish possession and therefore c…

The State of Haryana challenged a High Court order that had set aside the findings of the trial court and first appellate court which held that a will purportedly executed by Kishan Singh in favour of Harnam Singh was not genuine. The dispute centered on whether the will satisfied the requirements of Section 63 of the …

The Supreme Court examined whether Section 31(7) of the Arbitration and Conciliation Act, 1996 permits an arbitral tribunal to include pre‑award interest in the "sum" for which an award is made and thereby allow interest on that interest for the post‑award period. The Court held that the word "sum" includes both princi…

Manoharan filed a suit seeking a mandatory injunction and reconveyance of land after a loan transaction, but paid only one‑tenth of the court fee of Rs.28,797. The Sub‑Judge rejected his application for an extension of time to pay the balance fee, leading to dismissal of the suit. Manoharan appealed, also seeking condo…

The plaintiff, M.S.S. Food Products, sued the appellants for passing off, seeking a declaration and injunction over the use of the mark "Manikchand". The trial court granted an interim ex parte injunction, later proceeded ex parte after the defendants failed to appear, closed their right to cross‑examine, heard only th…

The plaintiff filed a partition suit against his father, the Karta of a joint family, who died during the proceedings. The plaintiff's brother, Gopal Swaroop, claimed that the deceased had executed a will leaving his share to him. The trial court and a single High Court judge held that the will was duly proved, but a D…

The appellants sought enhanced solatium (30% instead of 15%) and higher interest rates (9% for the first year and 15% thereafter) under the 1984 amendment to the Land Acquisition Act, claiming that the amendment should apply to their awards which were finalized before the amendment came into force. The Supreme Court ex…

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

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

The case concerned 5 bighas of land donated by a Fauzdar to his ancestor for the construction of a temple. The land was held to be an absolute private gift, not an endowment, and the temple was deemed a private temple. After a long series of suits, appeals and a Supreme Court judgment confirming these findings, the Sta…

Jagdish Singh appealed a High Court decree that ordered specific performance of a reconveyance agreement with Natthu Singh. The Supreme Court examined whether the High Court could re‑appraise evidence in a second appeal, whether unserved notices were deemed served, and whether compensation could replace specific perfor…

The petitioners, the Himachal Pradesh Bhakra Beas Management Board and others, challenged a High Court order that refused to condone a revision filed under Section 48 of the Himachal Pradesh Value Added Tax Act, 2005 after the 90‑day period prescribed for such revisions. The issue was whether Section 5 of the Limitatio…

The appellant Gujarat Urja Vikas Nigam Ltd. entered into a Power Purchase Agreement (PPA) with Solar Semiconductor Power Co. for a solar project, which stipulated a specific tariff and a control period ending on 28‑Jan‑2012. The respondent sought an extension of this control period, arguing that the Gujarat Electricity…

The appellant participated in a public auction of four nazul plots and deposited a Rs.3 lakh security as required by the public notice. After his bid was accepted, the State officer sent a letter imposing four "special terms and conditions" which the appellant had not been informed of earlier, and he refused to accept …

The respondent sued the appellants for a declaration of co‑ownership of a house. The appellants failed to appear, resulting in an ex‑parte decree in the respondent's favour. They later filed a recall application, which was rejected, and subsequently appealed the decision in a District Court that lacked pecuniary jurisd…

In a civil suit, an Additional District Judge passed an interim order, against which a first appeal under Order 43 Rule 1 was filed before a Single Judge of the Orissa High Court. The Single Judge delivered a judgment on 6 August 2008, and a Letters Patent Appeal (LPA) was subsequently filed against that judgment. The …

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

The appellant and her husband held a joint fixed deposit with an "either or survivor" clause. The husband allegedly pledged the deposit as security for a loan taken by his proprietary firm, and the bank adjusted the deposit against that loan without the wife’s consent. The wife filed a complaint under the Consumer Prot…

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

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 before the Central Admin…

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 portion. The Delhi Hig…

The case concerned a partnership share that was purportedly sold by an official receiver after the appellant and his mother were declared insolvent in 1977. The sale deed dated 11 March 1983 was executed based on a district court order, but later the insolvency adjudication was annulled in 1996. The High Court held tha…

The Delhi Development Authority (DDA) had allotted a plot to Sarita Vihar Club under a lease that gave DDA a pre‑emptive right to purchase and required Lieutenant Governor’s consent for any mortgage. The Club mortgaged the plot to Corporation Bank without such consent, defaulted on the loan and the Bank sought recovery…

The plaintiff, a landlord, sued the tenant for arrears of rent and eviction of a shop premises under the Assam Urban Areas Rent Control Act. The trial court held that the tenant was indeed the plaintiff's tenant but found no default in rent payment, leading to dismissal of the suit. On appeal, the first appellate court…

The Madras Bar Association challenged the constitutional validity of the National Tax Tribunal Act, 2005, which sought to transfer appellate jurisdiction from High Courts to a newly created National Tax Tribunal (NTT) for deciding substantial questions of law in tax matters. The Supreme Court held that while Parliament…

The State of Andhra Pradesh awarded a canal construction contract to Mis. Pioneer Builders, which later failed to complete the work and was expelled. The contractor filed a petition under Sections 8 and 20 of the Arbitration Act, 1940, seeking arbitration or a civil suit, and later applied for amendment of the plaint, …

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 barred leases after 1 Apr…

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 of the Specific Relie…

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 had adopted Purshottam…

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 v. Vasant, which hel…

The suit concerned the partition of ancestral lands belonging to the deceased Dasabovi, who had two wives – the plaintiffs' mother (first wife) and Chowdamma (second wife). The plaintiffs claimed that their mother was lawfully married to Dasabovi and therefore entitled to a share of the property, while the defendants d…

The Karnataka State Financial Corporation (KSFC) recovered a debt from Hoysala Thermo Farmers Pvt. Ltd. and, after default, auctioned agricultural land (Sy. No.67) belonging to the managing director, G.M. Krishna. The appellant, R. Raghu, purchased the land at the auction and later obtained a sale certificate as truste…

The Board of Trustees of the Port of Mumbai (Petitioner) obtained an eviction decree against Nikhil N. Gupta and his company (Respondents) who had continued to occupy premises after a lease expired in 1952. The Supreme Court, dismissing a special leave petition, granted the Respondents one year to vacate, subject to an…

Balbir Singh sued Banwari Lal and Swaraj for ownership of a parcel of land. During the pendency of the first appeal, Banwari Lal died, and during the second appeal, Swaraj died, but no steps were taken to bring their legal representatives on record as required by Order XXII of the CPC. The Delhi High Court dismissed th…

The Vaish Aggarwal Panchayat, a society, filed a declaration suit in 2001 seeking to declare a 1998 decree and subsequent sale deed as void on grounds of fraud and collusion, after having earlier objected to the execution of that decree. The respondents, who were parties to the original 1993 suit, moved an application …

The respondents filed a suit under Section 34 of the Trust Act seeking management of Vidyodaya Trust, and the District Court allowed the suit by granting leave under Section 92 of the CPC after deciding a preliminary issue on its maintainability. The appellants challenged this order, filing a revision petition under Se…

The defendant appealed a decree for specific performance of a sale agreement, which had been upheld by the trial court and a first appeal under Section 96 CPC. The defendant filed a second appeal under Section 100 CPC, which the High Court dismissed summarily on the ground that no substantial question of law was involv…

The Supreme Court considered a dispute arising from SEBI’s direction that the acquirer of Colour‑Chem Ltd. pay interest to shareholders for the delay in making a public offer under the 1997 Takeover Regulations, as amended in 2002. The Board had directed a 15% per‑annum interest on the offer price and held that dividen…

The case concerned two settlement deeds executed by Nanjammal in favour of her grandson, the appellant, which the daughters claimed were obtained by undue influence. The trial court declared the deeds void, but the first appellate court upheld their validity as gift deeds. The High Court reversed, holding the deeds unp…

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

The Supreme Court examined whether the Kerala High Court correctly disposed of three second appeals without first formulating any substantial question of law, as required by Section 100 of the Code of Civil Procedure, 1908. The respondents argued that the proviso to sub‑section (5) of Section 100 allowed the High Court…

The appellants, R. Murali and others, sought leave under Section 92 of the Code of Civil Procedure to file a suit for modifying the scheme of administration of the Sri Kanyaka Parameshwari Devasthanam and Charities, alleging mismanagement by the current Board of Trustees. The trustees opposed, contending that the Tamil…

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

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

The appellants, senior officers of the Chief Controller of Imports and Exports, challenged a seniority list prepared on the basis of a 1987 Central Administrative Tribunal (CAT) judgment that affected their promotion prospects. After review petitions were rejected, they filed an application under Section 19 of the Admi…

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 case ex‑parte f…

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 stamped under the Indi…

The appellants, selected as Lower Division Clerks in 1984, were appointed only in 1993 and 1996 after court orders, while similarly placed candidates (Parveen Singh and others) obtained retroactive appointments and back wages following a tribunal order and a Punjab‑Haryana High Court judgment. The appellants later soug…

The appellants filed two suits claiming ownership and possession of a one‑acre plot, asserting title through their deceased father. The respondent countered that the land had been acquired by the State under the Land Acquisition Act, 1894, in 1941, and that ownership vested in the State thereafter. The High Court allow…

The Supreme Court examined a suit for partition of ancestral land filed in 1979 by the heirs of Anandibai, who had inherited the property of a full‑owner Hindu female, Shakuntalabai, who died in 1962. The appellants argued that the suit was barred by the Limitation Act, 1963, Article 65(b) and by Order II Rule 2 of the…

The original tenant, Bomanji Irani, bequeathed his government‑owned tenancy to his wife Daulatbai, who was a residuary legatee, and the tenancy was held jointly by her and their five sons. After Daulatbai's death, the Bombay Municipal Corporation (BMC) transferred the tenancy to one son, Dinshaw Irani, based on a 1961 …

The appellant, U.P. Avas Evam Vikas Parishad, sought to acquire land belonging to the respondents and challenged the Reference Court's award of Rs.1,10,250 per bigha as compensation, up from Rs.10,250 per bigha. The Allahabad High Court dismissed the appeal summarily without reasons, invoking Order 41 Rule 11 of the CP…

Ajit Singh, a common ancestor, sold ancestral land to Bishan Singh without consideration. Joginder Singh, a descendant, sued to declare the sale void and protect his reversionary rights, obtaining a decree that the sale would not affect those rights after Ajit Singh's death. A compromise was later reached between Jogin…

Mst. Sugani entered into an agreement to sell a house to Mahadeo on 13‑12‑1975 for Rs 7,000, paying Rs 5,000 as earnest money. Registration was barred by a prohibition on urban property sales, and Mahadeo later executed a sale deed in favour of Rameshwar Das and Jamuna Prasad. Sugani sued for specific performance on 3‑…

The appellants obtained a decree for eviction of the respondents. While the respondents' appeal was pending, the parties entered into an agreement to withdraw the appeal and not to execute the decree, conditional upon the execution of a sale deed. The appellants later filed an execution application; the executing court…

Kasturi filed a suit for specific performance of a contract for sale against the vendor (respondents Nos.2 and 3). Respondents Nos.1 and 4‑11, who were not parties to the contract but claimed independent title and possession of the property, applied to be impleaded as defendants. The trial court and the Madras High Cou…

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

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 9 January 1988. Afte…

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 High Court dismisse…

The appellant and his mother filed a title suit seeking declaration and permanent injunction concerning a flat. The mother, after a High Court order in a matrimonial proceeding directing her to vacate the flat in exchange for monetary settlement, applied to delete her name from the suit. The trial court rejected this a…

The plaintiffs, owners of a property in Goa, filed a suit in the civil court for a declaration of ownership and eviction of a defendant occupying a house claimed to be mundkarial. The trial court decreed in their favour, but the heirs of the defendant challenged the decree in execution proceedings, arguing lack of juri…

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

Shipping Corporation of India terminated an agency agreement with Machado Brothers in 1995; the latter sued for a declaration that the termination was illegal and obtained an interim injunction. In 2001 the corporation issued a second termination notice, prompting the respondent to file another suit. The corporation th…

The respondent, Sri N. Umapathy, purchased the suit property and associated machinery from his vendor and has been in continuous possession since November 1989. The appellant, B.V. Muniyappa, holds a mining lease over the same land, granted by the Government on 29 November 1993. The trial court refused an ad‑interim in…

The respondents, who were licensees of a portion of a house belonging to Baij Nath, sued Makhanlal for permanent injunction, possession and damages, claiming they had no right to remain after the licence was revoked. Makhanlal contended that he had contributed half the cost of constructing the house, that the property …

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, 1989, under Order 6 …

The appellant filed a suit for specific performance of a sale agreement, which was decreed in his favour on 20‑01‑2012 directing him to deposit the balance consideration within two months. The decree was affirmed by the first appellate court on 21‑04‑2015, but no time‑limit for payment was stipulated. After a two‑year …

The NKGSB Cooperative Bank, a secured creditor, sought possession of a mortgaged flat after the borrowers defaulted on a loan, invoking Section 14 of the SARFAESI Act. The Chief Metropolitan Magistrate (CMM) appointed an advocate commissioner to take possession of the asset, a move upheld by several High Courts but str…

The Supreme Court examined whether Section 23 of the Travancore‑Cochin High Court Act, which provides that a Chief Justice must refer a matter to a third judge when two judges of a division bench disagree, survives the repealing provision of Section 9 of the Kerala High Court Act and whether it is a special provision t…

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

West Coast Paper Mills Ltd and Dandeli Ferro Alloys Ltd transported goods by rail and were charged a flat freight rate that denied them the benefit of the telescopic rate system, resulting in higher charges. They filed complaints under Section 28 of the Railways Act, 1890; the Railway Tribunal held the rates illegal bu…

Krishanlal, a clerk in the Jammu & Kashmir Home Guards, was investigated by the Anti‑Corruption Commission under the J&K (Government Servants) Prevention of Corruption Act, 1962. The Commission recommended his dismissal, but the authorities failed to furnish him a copy of the inquiry proceedings as required by Section …

The appellants filed a suit for specific performance of a sale agreement against four defendants. Defendants 1 and 2, the original owners, failed to sell the property and the suit proceeded ex parte, resulting in an ex parte decree. Defendants 3 and 4 successfully set aside the decree under Order 9 Rule 13, and the tri…

The plaintiff, N.C. Bansal, filed a civil suit seeking a declaration and permanent injunction concerning a property. The trial court dismissed the suit as non‑maintainable; an appellate court remanded the matter for trial. After remand, the plaintiff filed three applications: (i) under Order 7 Rule 14 of the CPC to fil…

The appellants filed an ejectment suit under the West Bengal Tenancy Act to evict respondents Nos. 2‑5 for non‑payment of rent and other grounds. Respondent No.1, claiming co‑ownership of the suit premises, applied under Order I Rule 10(2) of the CPC to be impleaded as a co‑plaintiff. The trial court dismissed the appl…

The Special Land Acquisition Officer, KIADB, sought to acquire land under the Karnataka Industrial Areas Development Act, 1966 (KIAD Act) and issued preliminary and final notifications in 2000 and 2005. The respondents challenged the acquisition, arguing that no award under Section 11-A of the 1894 Land Acquisition Act…

The petitioner, Keshav Prasad Sharma, was tried for a criminal offence when the public prosecutor sought to implead respondents No.3‑9 as co‑accused under Section 319 of the Criminal Procedure Code. The trial court allowed the impleadment, but the Punjab & Haryana High Court set aside that order. The petitioner filed S…

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

The employer, Central Mine Planning & Design Institute Ltd., terminated 28 workmen, prompting a Central Government Industrial Tribunal to declare the terminations unjust and order reinstatement with 40% back wages. The employer challenged the award in the Patna High Court, where a Single Judge, on a Section 17‑B applic…

Miss Sardar Construction Co. entered into a works contract with the State of Gujarat and an arbitration award was made before 1 January 1994, the date on which the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 came into force. The award had not become final when the Act became operative. The pe…

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 court was inform…

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 Scheduled Caste status; th…

The petitioners filed appeals under Section 54 of the Land Acquisition Act without obtaining the mandatory certificate from the High Court. The Supreme Court Registry sought guidance on whether these petitions could be entertained as Section 54 appeals or should be treated as special leave petitions under Article 136 o…

The Jabalpur Municipal Corporation levied property, sanitation, water, electricity and development taxes on buildings within a market (Mandi) administered by the Krishi Upaj Mandi Samiti, which claimed the corporation lacked jurisdiction. The corporation commenced recovery proceedings; the Samiti filed a petition under…

The State of Madhya Pradesh sought to acquire 38.178 hectares of land in Village Sala for rehabilitation of persons displaced by the Sardar Sarovar Dam. The Land Acquisition Officer initially awarded compensation based on low market values, which the landowners challenged, leading the Reference Court to re‑determine ma…

The Gujarat Maritime Board (GMB) invited bids for ship‑breaking plots. Asiatic Steel won the bid for plot V‑10, paying an earnest money of Rs.5,00,000 on 8 Nov 1994 and the upset premium of US$1,153,000 on 22 Mar 1995. The Board failed to clear rocks from the plot, rendering it unusable. Asiatic Steel demanded a refund…

Tej Bahadur, a former Border Security Force officer dismissed in 2017, filed an election petition challenging Narendra Modi's election to the Lok Sabha from Varanasi, alleging his own nomination was wrongly rejected and the election was vitiated. He had filed two nomination papers in April 2019 but failed to attach the…

Mahanagar Telephone Nigam Ltd. appealed a Delhi High Court order that had held the Code of Civil Procedure (CPC) applicable to an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 and had entertained a cross‑objection under Order XLII Rule 22 CPC. The Supreme Court examined whether the 1996 Act is a…

The appellant, a tenant, challenged an order fixing fair rent by filing a revision petition under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The High Court admitted the petition on the condition that the appellant deposit 50% of the arrears and continue paying the reduced rent. The Supre…

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

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 in the court on 29 O…

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 defendants; this was affirmed …

The petitioner’s father was the second defendant in a suit for recovery of money under a mortgage. A preliminary decree was passed, after which the second defendant (surety) died. The plaintiff sought a final decree and asked that the petitioner be brought in as the legal representative of the deceased defendant. The d…

International Seaport Dredging Pvt Ltd entered into a dredging contract with Kamarajar Port Limited, a statutory undertaking, which later gave rise to disputes and arbitration. The arbitral tribunal awarded the appellant approximately Rs 21.07 crore with interest and costs, and the respondent sought correction under s.…

The appellant, Ram Avatar Soni, challenged the probate of a Will dated 12 March 1989 allegedly executed by Mahanta Natabar Das (MND) in favour of the first respondent, Mahanta Laxmidhar Das, alleging the Will was fraudulent and the signature forged. He filed an application under Order XXVI Rule 10A of the CPC seeking t…

Life Insurance Corporation of India (LIC) filed a suit in 1986 for specific performance of a sale agreement. In 2014, Kedia Construction Company (respondent No.3) filed a Chamber Summons seeking to be impleaded as Plaintiff No.3, claiming assignment of the original plaintiff's interest, and the Bombay High Court allowe…

The Kolkata Metropolitan Development Authority (KMDA) appealed against a Division Bench order that quashed its acquisition of a flat requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. The property had been under requisition since 1979 and the High Court, in 1993, directed the Land Acquisi…

Dr. Kunal Saha filed a consumer complaint after his wife died while being treated for toxic epidermal necrolysis at AMRI Hospital. The National Consumer Disputes Redressal Commission held the hospital and four doctors negligent but reduced the claim, deducted 10% for alleged contributory negligence and awarded only Rs.…

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

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 was operating an ill…

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, and the sale was recor…

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 Andhra Pradesh Admini…

Daulat Singh filed a suit for specific performance of a land sale; he died and his son continued as legal representative. The plaintiff sought to amend the plaint to implead Shivnath Mishra, alleging Mishra had become a co‑owner of the land by a decree under the U.P. Zamindari Abolition and Land Reforms Act and therefo…

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 Judge of the Madras…

The appellants, descendants of original Portuguese "Alvara" holders in Dadra and Nagar Haveli, claimed perpetual lease rights over agricultural lands granted under the Organizacao Agraria (OA). The Collector rescinded these grants on 30 April 1974 invoking Article 12 of the OA for non‑cultivation, leading to a protract…

The appellants filed a regular first appeal under Section 96 of the CPC against a trial court decree. The High Court of Karnataka set aside and modified the decree but did so without framing points for determination, without discussing the factual and legal issues, and without providing adequate reasons, rendering its …

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

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

A settlement deed gave a life estate in land to K and a vested remainder to the respondent. K alienated the land, prompting the respondent to sue K in the District Munsif Court, which decreed that K had no right to alienate and granted an injunction. The appellant, who later purchased the land from K, was not a party t…

The appellant, a leaseholder of a Delhi parcel, obtained a decree for possession against the Municipal Corporation of Delhi (MCD) after the lease expired. While attempting to execute the decree, the MCD resisted, citing encroachment and pending land‑acquisition proceedings, leading the Executing Court to declare the de…

The appellant SEPCO, a Chinese corporation, was awarded a large arbitration award in favour of the Indian respondent Power Mech Projects. The High Court, under Section 9 of the Arbitration Act, directed SEPCO to furnish a Rs 30 crore bank guarantee from a "scheduled bank located in India". SEPCO complied by obtaining a…

The appellants were served with show‑cause notices alleging encroachment on land forming part of a National Highway. The notices were issued under Section 28(2)(iii) of the Tamil Nadu State Highway Act, 2001 and were said to be backed by a notification issued under Section 5 of the National Highways Act, 1956. The appe…

Anurag Mittal obtained a decree of divorce from Rachna Aggarwal in 2009 and appealed against it, obtaining a stay. The parties later settled, and Mittal filed an application to withdraw the appeal on 28 November 2011, which was deemed withdrawn on that date. He married Shaily Mishra Mittal on 6 December 2011, before th…

The plaintiff, represented by his legal heirs, sued the defendants for ownership and possession of agricultural land, claiming inheritance rights, while the defendants relied on a will. The trial court granted only symbolic possession to the plaintiff, and both parties appealed. The High Court dismissed the plaintiff's…

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

The promoters of a proposed company purchased a house and land before incorporation and later transferred the title to the incorporated company, which was declared the owner by a decree. The promoters, acting as directors, subsequently entered into a sale agreement with the appellants and also leased the property, lead…

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 non‑appearance was due to a rep…

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 appeal was dismissed on t…

The original suit (Civil Suit No.3 A/02) was decreed in favour of the plaintiff, Govind Singh, on 1 October 2005. The defendants, Raheem Shah and another, filed a regular first appeal under Section 96 of the CPC but did so 52 days after the decree, prompting an application under Section 5 of the Limitation Act for cond…

Bhima Rao Baswanth Rao Patil, a successful Lok Sabha candidate, was challenged by K. Madan Mohan Rao through an election petition under Sections 81 and 84 of the Representation of the People Act, 1951, alleging false information, non‑disclosure of pending criminal cases and convictions, and non‑compliance with Election…

Havildar Ashok Kumar completed 24 years of service in the Indian Army and was granted a two‑year extension. During the extension he suffered a stroke, was classified as SHAPE‑3 with 80% disability and was discharged. He was awarded a disability pension under Regulation 173‑A of the Army Pension Regulations, 1961, but s…

The case concerned the succession to the offices of Sajjadah Nashin and Mutawalli of a Dargah governed by a Zabta (constitution). The fourth Sajjadah Nashin, Nurul Hasan, nominated his grandson (the daughter’s son) Gulam Naseer as his successor. The appellant challenged the nomination, arguing that the Zabta required t…

Randhir Kaur filed a suit for specific performance of a 2004 agreement to sell 193 kanals 18 marlas of land, having paid earnest money of Rs.13.5 lakh through her son Dhanwant Singh. The trial court decreed specific performance, but the High Court, in a second appeal under Section 41 of the Punjab Courts Act, set aside…

Zorawar Singh owned immovable property in Delhi and executed a will (1985) and codicil (1995) bequeathing it to the parties. After his death, the respondents filed a suit for declaration and permanent injunction concerning the will, while the appellant filed a suit for natural succession. The Delhi High Court held that…