Code of Civil Procedure, 1908

The respondent filed a recovery suit against the appellant for Rs 4,35,250.18. After the evidence was closed and final arguments were heard, the appellant filed two applications – one under Order VII Rule 14 read with Section 151 CPC to produce certain bills, and another under Order XVIII Rule 17 read with Section 151 …

The appellant, a construction contractor, was sued by the respondent for a sum of Rs.4,35,250.18. After the trial court heard arguments and reserved judgment, the appellant filed two applications—one under Order VII Rule 14 read with Section 151 of the CPC to produce certain bills, and another under Order XVIII Rule 17…

The appellants filed a partition suit and the respondents later applied under Order XVI Rule 1(1) and (2) read with Section 151 of the CPC to file a list of witnesses, naming the appellants' advocate, N.R. Karnath, as a witness. The trial court allowed the list but rejected the request to summon the advocate because no…

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

The landlord filed an eviction petition under Section 22(d) of the Delhi Rent Control Act, 1958 against the tenant, who died during the proceedings. The landlord then moved an application under Order XXII Rule 4 of the CPC asserting that the tenant's son could not inherit the tenancy. The Additional Rent Controller all…

The appellant, a government revenue claimant, had the deceased's agricultural land attached and auctioned. The respondent, the highest bidder, was directed to deposit 25% of the bid immediately and the balance within 15 days. He tendered the 25% by cheque on the day of the sale, which was encashed four days later, and …

The appeal concerned whether a writ petition under Article 226 of the Constitution can be filed against an order of the Micro and Small Enterprises Facilitation Council (MSEFC) made under Section 18 of the MSMED Act, 2006, and if so, under what circumstances. The Supreme Court examined earlier conflicting judgments, no…

The appellant, Varadarajan, sought to execute a decree in favour of the deceased decree‑holder Umadevi by filing an application as her legal representative under a Will. The Executing Court allowed the application, but the High Court, in revision under Section 115 of the CPC, set aside that order on the ground that the…

Bussa Overseas & Properties Ltd. sought a refund of excess provisional customs duty under Section 18(2) of the Customs Act, 1962. The customs authority directed the claim to be made under Section 27(2) and the appellants contested this, filing a writ petition. The High Court dismissed the writ and, on review, rejected …

The respondents instituted a suit under Section 92 of the Code of Civil Procedure (CPC) before the District Court in Tamil Nadu, seeking relief concerning a public trust. The appellants argued that a 1960 notification empowering Subordinate Courts under Section 92 removed the District Court's jurisdiction, relying on a…

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

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

Mahavir filed a second appeal against a decree, but the Punjab and Haryana High Court allowed the appeal without formulating any substantial question of law, contrary to Section 100 of the Code of Civil Procedure, 1908. The Supreme Court examined whether the High Court was obliged to state and hear the appeal on a subs…

The appellant, Brahmdeo Chaudhary, a stranger to a decree for eviction in favour of respondent No.1, resisted the execution of a warrant for possession against respondent No.2. The decree‑holder applied for a warrant with police assistance; the appellant filed an application before the executing court seeking a stay an…

The appellants, sons of K.S. Vaiyapuri Chettiar, claimed ownership of six house doors in Town Survey No. 666/2 based on sale deeds executed in the 1940s and a decree for specific performance. The respondents, occupying the doors, argued that they held the property by long‑term permissive leases and had acquired title b…

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 Math property. The C…

The buyer sued the sellers for specific performance of a 2005 agreement for sale of land and a tenanted building. The trial court dismissed the suit, finding the buyer was not ready and willing to pay the balance price, while the High Court reversed that decision, holding that time was not of the essence and granting s…

The appellant, a businessman, was ordered to repay Rs.45,00,000 borrowed from the respondent, but failed to do so, leading to an ex‑parte decree in the respondent's suit. The appellant first sought to set aside the decree via an application under Order IX Rule 13 CPC, which was dismissed, and later filed a first appeal…

The Haryana Wakf Board filed a civil suit in 2000 seeking possession of land it claimed was Wakf property. The trial court ruled in favor of the Board, but the Additional District Judge held that the question of whether the land was Wakf property fell within the exclusive jurisdiction of the Wakf Tribunal under Section…

In the 1999 Karur parliamentary election the returned candidate won by 2,847 votes. The defeated candidate filed an election petition alleging irregularities in the counting of about 15,000 rejected votes across five categories, but the petition disclosed only vague, general allegations without the required particulars…

The appellant, a tenant inducted in 1973, challenged an eviction suit filed by the landlord in 1990, arguing that the suit was barred under Section 20 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 because the ten‑year exemption period for newly constructed buildings had expired. The k…

The appellant, an advocate, represented State Bank of India in a suit to recover a sum of Rs. 2.42 crore. He issued a public notice that was contrary to the bank's interests, causing the bank to lose confidence in him and request a No Objection Certificate to engage new counsel. The advocate refused, insisting on payme…

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 seeking a permanent injunc…

The appellants filed a civil application under Article 227 before the Gujarat High Court, which was orally dismissed on 1 March 2023 without the judge indicating that reasons would follow. More than a year later, a detailed reasoned order dated 1 March 2023 was uploaded, having actually been prepared on 12 April 2024 a…

The appellants, Vaishno Devi Construction and others, claimed to be assignees of a decree holder (the late S.N. Kanungo) and sought execution of arbitration awards turned into decrees under Order XXI Rule 16 of the CPC. The dispute turned on whether the Explanation added to Order XXI Rule 16 by the 1976 Amendment Act, …

Banarsi Das filed a suit for permanent injunction claiming peaceful cultivation of land he alleged to have inherited, while the defendants asserted ownership and produced documentary evidence of a sale deed. The trial court dismissed the suit; the District Judge reversed that decision and decreed in favor of the plaint…

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 finding of guilt an…

The appellant Suresh Ramteke sought specific performance of a sale deed against the respondents Sumanbai Petkar, alleging that the respondents failed to execute the deed despite his readiness and payment of consideration. The trial court and the first appellate court upheld the appellant's claim, finding that the respo…

The plaintiffs, heirs of some original partners of the partnership firm ‘Soorajmull Nagarmull’, filed a suit seeking declaration of entitlement to the firm’s assets, representation before authorities, injunctions, and dissolution of the firm. The defendants, heirs of the remaining original partners, contended that the …

The appellant, Dr. Ranbir Singh, purchased a property from Shri Hemant Singh, the adopted son of the late Maharaja of Dholpur, and served notice to the tenant, Asharfi Lal, for rent default. The trial court and first appellate court upheld the eviction, finding a landlord‑tenant relationship and greater hardship to the…

The appellant, a retired army subedar and displaced person, bought a 7‑kanal parcel of land in a public auction in 1967 and was issued a sale certificate in 1973, making him the legal owner under the Displaced Persons Compensation and Rehabilitation Rules. The second respondent, also a displaced person, claimed continu…

The appellant's father bought a house with a condition that the sellers could repurchase it after five years and allowed them to remain in possession under a rent note. After the five-year period, the appellant filed a suit for arrears of rent and ejectment against the sellers (defendant No.1) and two relatives (defend…

The appellants filed a title suit seeking declaration of ownership and possession of land, which the trial court decreed in their favour. The respondents appealed, and the High Court, in a second appeal, framed four additional substantial questions of law that were not raised before the trial or appellate courts, and d…

The State Project Director, UP Education for All Project Board appealed a Division Bench order of the Allahabad High Court that upheld a Single Judge's decision without providing any reasons. The Division Bench merely stated its agreement with the Single Judge and failed to consider several Government Orders and submis…

The owners of certain land executed an agreement to sell to a housing society and also a General Power of Attorney (GPA) authorising the society's officers to sell the property. Sale deeds in favour of the appellants were later executed under the GPA. The respondents filed suits seeking cancellation of the agreement to…

The dispute concerned two ancestral lands in Goa, "M" and "B", originally owned by the grandfather of brothers Suriaji and Gones. A 1915 sale deed conveyed portions of the lands to Suriaji, with an accompanying 1919 settlement deed stating that Suriaji had paid half the price on behalf of Gones and would transfer Gones…

The dispute arose from an arbitral award dated 20 July 1984 under the Arbitration Act, 1940, which was made a rule of the court and later reduced in interest rate. The appellant sought execution of the award, and the State (respondent) deposited Rs 75,65,945, after which the executing court ordered the State to deposit…

An arbitral award dated 20 July 1984, made a rule of the court in 1986, was being executed when the State of Uttar Pradesh deposited Rs 75,65,945 and was later directed by the executing court to deposit an additional Rs 1,25,16,969.56, which the State objected to. The State filed a civil revision, and the High Court, i…

The appellant, a developer, was ordered by the Bombay High Court to hand over eight flats and sixteen parking spaces to the plaintiff under a settlement agreement between the plaintiff and another respondent, even though the appellant had no direct contract with the plaintiff. The appellant challenged the High Court's …

Sejal Glass Ltd. filed a civil suit seeking a money decree and recovery of TDS from Navilan Merchants Pvt. Ltd. and its directors. The defendants moved an application under Order VII Rule 11 of the CPC, claiming the plaint disclosed no cause of action against the directors and seeking bifurcation of the suit. The trial…

The Supreme Court examined a dispute arising from a money decree that was later set aside, where Citibank N.A. had received 9% IRFC bonds worth Rs.50 crore from Canbank Financial Services Ltd. (Canfina) and subsequently sold them in the market. The issue was how to calculate the restitution amount under Section 144 of …

The Delhi High Court entertained a suit for specific performance of an agreement dated 13‑9‑1988 and restrained the vendor from alienating the property. The vendor later sold the suit property to six companies (the appellants) who, in turn, sold it to Bhagwati Developers, all in violation of the injunction. The appella…

The appellant filed an appeal in the Delhi High Court but, due to a clerical error, the vakalatnama of his new counsel was not filed and no lawyer appeared for either party at the final hearing. Despite the absence of representation, the High Court examined the merits of the case and dismissed the appeal. The appellant…

The petitioners sought a final decree for partition of property after a preliminary decree had been passed in 1964. The respondents argued that the application for a final decree was barred by the three‑year limitation period under Article 137 of the Limitation Act, 1963. The Supreme Court held that an application for …

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

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 but also ordered tha…

The dispute concerned the ownership of a 4‑acre 16‑gunta plot in Dasnapur village, claimed by the second wife of the deceased Metpalli Rajanna (Lasum Bai) under a registered Will dated 24 July 1974 and an oral family settlement. The trial court held that the Will was genuine, that it allocated a specific share to Lasum…

The appellant, who held a power of attorney for his mother, was prosecuting a suit filed by her for declaration and injunction. After the mother’s death, the appellant applied to be substituted as the legal representative of the deceased plaintiff, asserting his right as a son and citing a registered will in his favour…

The plaintiff obtained an ex‑parte decree for specific performance of a 1995 agreement. The defendant filed an application under Order IX Rule 13 CPC to set aside the decree, but it was dismissed in default and the defendant died shortly thereafter. The legal heirs filed a restoration application under Order IX Rule 9 …

The Supreme Court considered a dispute arising from a BOT concession agreement for the Bharatpur bypass road, where the contractor claimed entitlement to tolls and compensation for delay in the State's issuance of a traffic‑restriction notification and for the Bharatpur‑Deeg patch of road. The arbitral tribunal had awa…

The appeal concerned a decision of the Madras High Court that remanded a matter before the Wakf Tribunal because the Tribunal had failed to consider certain points. The issue before the Supreme Court was whether, under Section 83(5) of the Wakf Act 1995, the Wakf Tribunal is deemed a civil court and can exercise the sa…

The appellants, slum dwellers, entered into a rehabilitation agreement with the respondents, a developer, which required them to obtain an eligibility certificate before the scheme could be invoked. They failed to secure the certificate, yet the developer began commercial construction on the designated plot. The appell…

The respondents filed a suit for partition of property in 2004. The appellant filed her written statement in 2006 and later discovered a 1993 will that she claimed affected the ownership of the suit property. On 1 March 2007, after the trial had commenced and a witness had been examined, she applied under Order VIII Ru…

The parties entered into a sale agreement for a haveli; the buyer sued for specific performance and obtained a decree, which the seller appealed and had set aside. During the appeal the seller withdrew the amount deposited by the buyer, and the High Court again set aside the trial court decree. Both parties filed revie…

ELCM Exports Ltd., an export house, filed a complaint before the National Consumer Disputes Redressal Commission seeking damages for a delayed shipment that was held in a US customs bonded warehouse, causing the foreign buyer to reject the consignment. The Commission dismissed the complaint as barred by the one‑year li…

The petitioners alleged that the respondents, who were parties to a family property dispute, sold and transferred portions of the disputed land and allowed construction despite two interim orders of this Court dated 26‑April‑2004 and 10‑January‑2005 that prohibited any creation of third‑party interest without notice to…

The appellant, a Saunjidar, obtained a decree for possession of land from the trial court and the first appellate court. The High Court, on a second appeal under Section 100 of the CPC, set aside those decrees, holding that only the Collector under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 co…

In Mani Ram & Anr. v. Hari Singh & Ors., the Supreme Court examined applications filed under Order 22 Rules 3 and 9 of the Code of Civil Procedure, read with Section 151, seeking to bring the legal representatives of a deceased appellant on record in a regular second appeal. The Punjab & Haryana High Court had dismisse…

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 Act, 1951, and a compr…

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, as was a subsequent r…

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

The Food Corporation of India and others (appellants) sued E. Kutiappan (respondent) under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. Arbitrator B.S. Hegde made awards on 3 Oct 1988 and, at the respondent’s request, sent the award to the respondent’s counsel, who filed it in the Kerala Hi…

The testator B. Sheena Nairi executed a Will on 15 May 1983 bequeathing all his immovable properties to his sister Laxmi Nairthy, cancelling an earlier Power of Attorney in favour of his brother‑in‑law. After his death, his wife applied for mutation of the properties in her name, but the sister filed a suit seeking dec…

Electrosteel Steel Ltd. (now ESL Steel Ltd.) filed a petition under Article 227 challenging an order that directed it to comply with an arbitral award dated 06.07.2018 passed by the West Bengal MSME Facilitation Council in favour of Ispat Carrier Pvt. Ltd. The award was rendered after the corporate debtor’s insolvency …

The appellants, sons of Tirakappa Gurusiddappa Malagi, challenged a compromise decree dated 18 January 2000 that partitioned seven acres of land among their father, uncles, and grandfather, alleging that their father was coerced into the settlement and that the land was not ancestral joint family property. The trial co…

Larsen & Toubro (L&T) and Puri Construction Ltd (PCL) entered into a Development Agreement for land development, later supplemented by a Supplementary Agreement and a Tripartite Agreement involving a bank. Disputes arose over alleged economic duress, non‑fulfilment of conditions precedent, and L&T's abandonment of the …

The landlords filed an eviction suit against Octavious Tea & Industries Ltd for non-payment of rent. The tenant filed applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997. The trial court allowed the Section 7(1) application but directed the tenant to deposit arrears with the Civil Ju…

The plaintiffs filed a suit for possession of a 3‑acre land alleging title derived from their parents. Defendant No.1 (Razia Begum) transferred the land to Lateef Hassan Burney (defendant No.2) who was later impleaded. The amended plaint sought possession only against defendant No.1 and made no prayer against defendant…

The case arose from a dispute over a suit property originally held by Budhiya Vesta Patel, who transferred his rights to respondent No.9 via a Development Agreement and an irrevocable Power of Attorney (POA). After Patel's death, his heirs (the appellants) executed further irrevocable POAs in favour of the same respond…

The appellants filed a suit for permanent injunction against the Municipality, which was dismissed by the trial court. The first appellate court set aside that dismissal, but the High Court, in a second appeal, reversed the appellate court’s finding without first framing the substantial questions of law as mandated by …

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

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

The State of Chhattisgarh granted excise licences for retail liquor sale under the Chhattisgarh Excise Act, 1915 and the 2002 Rules. After objections were raised, a writ petition was filed before the Chhattisgarh High Court, naming 65 licence‑holders as parties while omitting 126 others. The High Court cancelled all th…

The Patna High Court, exercising its Article 226 jurisdiction, issued an interim order that halted construction activities on Bailey Road, prompting seven builders to seek special leave to appeal before the Supreme Court. The Supreme Court dismissed the SLP, directing the petitioners to approach the High Court, but lat…

In a partition suit, a decree granted recovery of certain items to a defendant. Another defendant filed a suit challenging the decree, and the court issued a temporary injunction under Order 39 restraining execution of the decree. The suit was dismissed for default, later restored, and finally dismissed on merits. The …

Gopabandhu Biswal, a former military officer appointed as Assistant Commandant in the Orissa Military Police, sought promotion to the Indian Police Service (IPS) and obtained a favorable order from the Central Administrative Tribunal (CAT) in 1991. The Union of India, the State of Orissa and other respondents challenge…

The petitioners, members of a Delhi cooperative housing society, were expelled by a resolution of the society's general body on 22 February 1990, which was later approved by the Registrar. They filed several writ petitions in the Delhi High Court challenging the expulsion and other matters, but did not contest the expu…

The Punjab government acquired about 50 acres of land for the Food Corporation of India (FCI) and the District Collector awarded Rs.30,000 per acre. Both the landowners and FCI sought references under Section 18 of the Land Acquisition Act, 1894; the reference court barred FCI’s reference but fixed compensation at Rs.1…

K.M. Singh, a finance officer of the Association of Indian Universities, sued to declare that his resignation was obtained by fraud, coercion and duress. He offered that if two officials of the respondent took a special oath in a Gurudwara and a temple stating the resignation was not extracted under duress, the relevan…

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 deceased's legal representat…

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 91(1) of the Maharasht…

The case concerned a plot of land allotted by the West Bengal Relief and Rehabilitation Department to a refugee family that migrated from East Pakistan in 1950. The lease deed was initially executed in the name of Smt. Hem Prova Basak, but the government later ordered inclusion of the two younger brothers' names and ev…

The appellant challenged the election of respondent No.1 to the Andhra Pradesh Legislative Assembly on the ground that the Returning Officer had improperly accepted the respondent's nomination form, which contained blank columns and lacked signatures on each page, violating the Representation of People Act, 1951. The r…

The case concerned a long‑standing partition suit over the matruka property of the late Nawab Jung, in which Defendant No.1 (Hamid Ali Khan) sold his share of 68 acres 10 guntas to Bala Mallaiah on 23‑Nov‑1959. The sale was challenged on the grounds that it was made during the pendency of the partition suit, that the v…

M/S. Brakewel Automotive Components (India) Pvt. Ltd. obtained a decree for recovery of a sum of money from P.R. Selvam Alagappan. The respondent filed an application under Section 47 of the Code of Civil Procedure, 1908, challenging the executability of the decree on grounds of alleged mis‑joinder of parties, fraud an…

The appellant, a sister, owned a house in Goa purchased at auction, while her brother was allowed to occupy it as a caretaker. After the appellant returned to Goa in 1992, the brother filed a suit for a mandatory injunction to prevent her from taking possession, claiming a family arrangement. The trial court and High C…

Haridas Das entered into an oral agreement in 1982 to purchase a suit property, paid most of the consideration and took possession with a promise of a registered sale deed within three years. To protect his possession he filed Title Suit No. 201/85, reserving the right to sue for specific performance, and later filed T…

The appellants received compensation for land acquired under the Land Acquisition Act, which was later enhanced and subsequently reduced on appeal. While the appeal was pending, they executed the decree and recovered the enhanced amount together with interest. The State filed an application under Section 144 of the Cod…

The appellants and respondents entered into a 2017 joint venture for a hospital, each contributing a Rs 10 crore interest‑free loan. In 2019 the respondents bid for the appellants' 50% shareholding, agreeing via email on a consideration of Rs 36.75 crore, which the parties argued did not include the loan amount. The re…

The case arose from a partition suit (O.S. No. 388/77) where the trial court decreed shares only to plaintiffs 2 and 3, rejecting plaintiffs 4‑8. The appellant‑defendant appealed and the First Appellate Court set aside the trial decree, but the High Court restored it and, on remand, divided the property among the appel…

Advanta India Ltd filed a complaint against advocate B.N. Shivanna alleging cheating, fraud and fabrication of documents, leading the Karnataka State Bar Council’s Disciplinary Committee to debar him for life. The Bar Council of India (BCI) on appeal reduced the punishment to 18 months, but Shivanna’s review petition u…

The State of Haryana acquired large tracts of land for an industrial model township, vesting the land in the State after the Collector’s award. The Haryana State Industrial Development Corporation (HSIDC) later allotted part of this land to Maruti Suzuki India Ltd (MSIL) under a deed that required the allottee to pay a…

The appellant-landlord filed a suit in 1992 seeking a permanent injunction against the tenant for constructing a permanent structure without consent, invoking Section 13(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The trial court partially decreed the suit, but the High Court later dismisse…

The appellants entered into an agreement to sell a residential property to the respondent for Rs 1.60 lakh, receiving Rs 60,000 as advance, with the balance to be paid on execution of the sale deed. The deed was not executed within the stipulated period and the respondent sued for specific performance. The trial court …

Zenith Infotech Ltd filed a reference under the Sick Industrial Companies (Special Provisions) Act, 1985 before the Board for Industrial and Financial Reconstruction (BIFR). The Registrar of the Board refused to register the reference on the ground that the company was not an "industrial company" within the meaning of …

Nanak Builders sued the Sawhneys for specific performance of a 1986 sale agreement. While the suit was pending, the Sawhneys transferred the suit property to Thomson Press (India) Ltd. despite a court injunction and public notice of the dispute. Thomson Press applied under Order 1 Rule 10 CPC to be impleaded as a defen…

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

The appellant had entered into a contract to sell a parcel of land to the respondent, who later sued for specific performance but the suit was dismissed and a decree for refund of earnest money was granted. The decree-holder sought execution of the decree, leading the court to attach and auction the appellant's land. T…

The appellant, a member of a joint Hindu family, executed a gift deed in favour of a stranger in 1959, later cancelled it and sold the property to the respondent. The respondent sued for a declaration that the gift deed was obtained by fraud and therefore voidable, and for possession based on the subsequent sale deed. …

The State of Maharashtra appealed a civil court order that granted additional compensation, solatium and interest under the Land Acquisition (Amendment) Act, 1984 to claimants whose land had been acquired under the Land Acquisition Act, 1894. The original compensation was awarded by the Land Acquisition Officer and lat…

The plaintiff, a resident of Village Fakarhedi, challenged the appointment of Defendant No.3 as a Rajiv Gandhi Rural LPG distributor, alleging that the appointment was based on a fraudulent domicile certificate. The trial court dismissed the plaintiff's suit ex parte, and the first appellate court affirmed that dismiss…

The State of Punjab sought to levy royalty on brick earth excavated by private brick‑kiln operators, who argued that the land and the mineral were privately owned and that the State had no authority to impose such a charge. The lower courts held that, under Section 42 of the Punjab Land Revenue Act, the quarry lands ve…

Sunil Kumar Maity deposited a cheque that was mistakenly credited to another customer with a similar name at State Bank of India. He filed a complaint before the Consumer Forum, which was allowed; the bank appealed to the State Consumer Commission, which partially upheld the order. The bank then sought revision before …

Standard Chartered Bank filed a Section 19 application before the Debt Recovery Tribunal (DRT) to recover a debt of about Rs 191 crore from MSTC Limited. After the DRT allowed an intervening application, the respondent appealed, withdrew the appeal, and then filed a review petition under Rule 5A, which was dismissed fo…

A suit for permanent injunction was filed by the representative of Murti Bhawani Mata Mandir claiming possession of disputed agricultural land, but the trial court dismissed the suit for lack of proof of possession. Subsequent appeals were also dismissed. The defendant then filed an application under Section 144 of the…

The father of the appellants, Raj Kumar, owned a shop that was let to the respondent. After Raj Kumar’s death, his brother Shiv Kumar filed an eviction suit, and upon Shiv’s death his sons Kuldeep Kumar and Pradeep Kumar were substituted as plaintiffs as heirs. The trial court decreed eviction in favour of the plaintif…

Five candidates who were serving as Assistant District Attorneys, Public Prosecutors or Deputy Advocate General were selected for the post of Additional District and Sessions Judge in Haryana through direct recruitment. The Punjab and Haryana High Court quashed their appointments, holding that they did not satisfy the …

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

Modi Entertainment Network and another filed a suit in the Bombay High Court for damages arising from a contract granting exclusive telecast rights for the ICC Knockout Tournament. The contract contained a clause that disputes would be governed by English law and submitted to the non‑exclusive jurisdiction of the Engli…

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

The appellant G. Puttaswamy was declared elected after a recount ordered by the Returning Officer, which the respondent H.D. Revanna challenged, alleging that the recount violated Rule 63 of the Conduct of Election Rules, 1961 and that the appellant committed corrupt practices under Sections 100 and 123 of the Represen…

The plaintiff, Zahirul Islam, sued Mohd. Usman and others. One of the defendants (Defendant No.2) died on 1 February 1995, but the trial court proceeded ex parte against him without substituting his legal representative. The legal representative later sought a stay of execution of the decree under Order 9 Rule 13 of th…

The appellant, a tenant, occupied a plot owned by the respondent and raised super‑structures. The respondent filed an eviction suit without first giving the tenant a written notice and observing the three‑month waiting period required under Section 11 of the Tamil Nadu City Tenant's Protection Act, 1921. The trial cour…

The appellant, daughter and heir of a tenant, sought possession of an identical area in a newly constructed building as promised in a consent decree that required the landlord‑bank to give her an equal premises after demolition of the old building. The landlord complied with the demolition but failed to allocate the pr…

The landlord filed an eviction suit in 1970 against tenant K.M.M. Shetty and others, which was decreed in his favour. The Supreme Court allowed the tenant to remain in possession until 31 March 1989 on condition that he and his employees file an undertaking to vacate thereafter. In early 1989 a second respondent obtain…

The dispute concerned 15 acres of land in Sy. No. 3, where the plaintiff claimed title based on a sale deed from the vendor, while the defendant relied on occupancy rights granted to his predecessor under the Mysore (Personal & Miscellaneous) Inam Abolition Act, 1954. The vendor had applied for occupancy under section …

The appellant purchased a shop and sued the respondent for possession, alleging the respondent occupied the shop without any right. The respondent denied the appellant's title and pleaded adverse possession, claiming long possession. The trial court and first appellate court held in favour of the appellant, finding the…

The plaintiff obtained a decree declaring a 1982 gift deed void. The respondents appealed and the High Court set aside that decree on the basis of a compromise recorded under Order XXI Rule 3 of the CPC. The plaintiff contended that the compromise was forged and void, and filed a suit (OS No.5236 of 2005) seeking to se…

In a civil suit the defendants failed to file their written statement within the 90‑day period prescribed by Order 8 Rule 1 of the Code of Civil Procedure. The trial court refused to accept the belated statement, holding that the provision barred any extension. The defendants appealed; the High Court acknowledged the t…

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

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

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

The Supreme Court considered an Admiralty suit filed by a UK Protection & Indemnity (P&I) club seeking arrears of insurance premiums from the owners of the vessel M.V. Sea Success I, alleging the premiums were "necessaries" under the Admiralty Courts Act, 1861. The vessel moved to reject the plaint under Order 7 Rule 1…

The appellant and respondent owned adjoining properties in Chennai, where the appellant opened windows and a ventilator that overlooked the respondent's land. The respondent's mother sued in 1976 for an injunction to close the openings, but the trial court dismissed the injunction claim without deciding any easement ri…

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

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

The appellants' predecessors obtained an order under Section 8(3) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 deleting respondent No. 1’s name from the tenant list after a compromise in which he admitted he was not a tenant and purchased part of the land. No appeal was filed, so the order b…

Ram Das, a minor when his father died, sought partition of his undivided half share in ancestral property. The defendant uncle claimed that Ram Das had been adopted by his stepfather before his mother's remarriage, that a partition had already occurred during his father's lifetime, and that the defendant had acquired t…

The Gujarat Maritime Board (GMB) financed the purchase of a vessel, taking a mortgage over it and requiring the borrower to obtain a comprehensive risk insurance policy assignable to the Director of Ports. The borrower sold the vessel to Haji Daud, who later claimed the insurance proceeds after the vessel sank. The Nat…

The appellant, a contractor, entered into a contract with the State of Rajasthan for bridge widening works. A dispute arose and, by mutual agreement, the matter was referred to an arbitrator. While arbitration was pending, the respondent attempted to adjust amounts due to the appellant against another contract. The app…

The petitioner, Resham Singh Pyara Singh, claimed ownership of land purchased from a charity trust and obtained an interim injunction against the respondent's alleged trespass. The single judge of the Bombay High Court, hearing an appeal under Order 43, directed demarcation of the land in the petitioner's exclusive pos…

The suit was filed in 1982 by Urmila Devi to declare a sale deed void and claim possession of land. After her death in 2007, multiple applications were filed to substitute a legal representative, with Manoj Kumar Jain initially approved, later withdrawn, and Yashpal Jain seeking substitution. The trial court allowed Ya…

The appellant, Mumtaz Yarud Dowla Wakf, owned a property that was leased to the respondent hotel for 33 years, which expired in 1999. After the lease ended, the appellant sued the respondents before the Wakf Tribunal for ejectment and possession, obtaining a decree in 2002. During execution of the decree, the responden…

Noharlal Verma, a manager of District Co‑operative Central Bank Ltd., Jagdalpur, was removed from service on 29 April 1982 for alleged financial irregularities. He filed a departmental appeal and subsequently an application under Section 55 of the Madhya Pradesh Co‑operative Societies Act, 1960 on 30 June 1982, more th…

Three Cheers Entertainment Pvt. Ltd. and others produced a television programme alleging illegal acts by Calcutta Electricity Supply Company Ltd. (CESC), leading CESC to file a defamation suit and obtain an interim injunction restraining further telecasts. The High Court, while confirming the injunction, also appointed…

The appellants, children of a tenant who died in 1970, claimed that they inherited tenancy rights under the West Bengal Premises Tenancy Act, 1956, which were later purportedly extinguished by the 1997 Act. The landlord sought eviction, relying on a deposition in an unrelated case as an admission that the tenancy was i…

The appellant purchased a two‑acre property in 1963 from Puliyankaladi, who had earlier acquired it through a registered sale deed (Exhibit A1) dated 27‑08‑1928. The trial court and the first appellate court held that the certified copy of Exhibit A1, a public document, was admissible as secondary evidence to prove the…

The respondents filed an eviction suit in 2013 against the petitioner. Between 2015 and 2019 the petitioner repeatedly sought adjournments, ten in total, and was given a final opportunity with a cost order to cross‑examine the plaintiff’s witness, which the petitioner failed to do. The trial court consequently closed t…

The appellants filed a suit for cancellation of a sale deed which was dismissed by the trial court and affirmed by two appellate courts. The parties later compromised, and the High Court disposed of the second appeal on that compromise. Defendant No.2 challenged the validity of the compromise, but the High Court dismis…

The claimant, Sudarsan Puhan, suffered paraplegia after a motorcycle accident and obtained a compensation award of Rs.24,62,065 from the Motor Accident Claims Tribunal under the Motor Vehicles Act, 1988. Both the claimant and the insurer appealed to the Orissa High Court; the insurer's appeal was partially allowed, red…

The dispute arose when an arbitrator, appointed with the parties' consent, terminated the arbitration under Section 25(a) of the Arbitration and Conciliation Act, 1996 because the claimant failed to file a statement of claim within the time prescribed under Section 23(1). The claimant later filed an application seeking…

M/S Payal Vision Ltd., the landlord, filed a suit for possession and mesne profits against Radhika Choudhary, the tenant, alleging a lease of Rs.50,000 per month and a notice under Section 106 of the Transfer of Property Act terminating the tenancy due to unauthorized structural changes. The tenant contested the nature…

The respondent filed a suit for declaration of title and injunction against the appellant, but personal service was not effected and substitute service by newspaper failed to reach the appellant. An ex‑parte decree was passed on March 30, 1985. Upon learning of the decree in 1990, the appellant filed an application und…

The appellant, Gariwala, challenged a decree passed on a compromise that was reduced to writing and signed only by his counsel, arguing that the 1976 amendment to Order XXIII Rule 3 of the CPC required the parties themselves to sign. The respondents contended that the expression "parties" includes a recognised agent or…

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, claiming an exclusive rig…

The dispute arose between the Khosla and Bakshi groups over a resort development project, leading to allegations of perjury and a criminal proceeding under Section 340 of the CrPC. The High Court initially dismissed the criminal application but later recalled its own order after a review petition was filed under Order …

India Yamaha Motor Pvt. Ltd., the management of a manufacturing unit, challenged the competence of 113 workmen to be represented before the Industrial Tribunal by five elected workmen. The dispute centered on whether Section 6‑1 of the Uttar Pradesh Industrial Disputes Act, 1947 and Rule 40 of the Uttar Pradesh Industr…

The Supreme Court examined the High Court's order that condoned a 9‑day delay in filing regular first appeals and a 1727‑day delay in refiling those appeals filed by Nahar Exports Ltd. and others. The Court held that the respondents failed to provide a bona‑fide explanation for the inordinate delay, showing gross negli…

The appellant, a returned candidate, challenged the High Court's order that upheld an election petition filed by the respondent alleging corrupt practices. The petition claimed the appellant had constructed bore wells and provided ambulances after the election notification, allegedly exceeding the permissible election …

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

Patel Chikkahanumaiah, the predecessor‑in‑interest of the appellants, sought to set aside an ex‑parte decree against him on the ground of non‑service of summons. He first filed an application under Order 9 Rule 13 of the CPC, alleging only non‑service, without any claim of fraud, and later filed a suit under s.9 CPC al…

The Supreme Court examined two civil appeals arising from a dispute over a 1956 agreement to sell land and rent it, where the plaintiff sought specific performance. The High Court had set aside the trial and district court judgments, dismissed the plaintiff's suit for ejectment and decreed specific performance, relying…

M/s. Fair Air Engineers Pvt. Ltd. entered into a contract with N.K. Modi to install a centrally air‑conditioned plant in his house. After alleged breach, the respondent filed a complaint before the State Consumer Commission, which stayed the proceedings and ordered the parties to arbitrate under clause 12 of the agreem…

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 Corporation Act, 1976, and s…

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 therefore no rent was…

The plaintiff filed a suit for injunction and declaration concerning a property, but the trial court rejected the plaint under Order 7 Rule 11(d) of the CPC, deeming it barred by law, and then directed the plaintiff to amend the plaint and pay court fees within 15 days. The plaintiff challenged this direction by filing…

The case involved a US‑born minor girl, M, whose mother (the appellant) fled the United States with her to India and filed for divorce. The father (respondent No.2) obtained a US custody order and sought a writ of habeas corpus in Delhi to have the child returned to the US. The Delhi High Court ordered her return, but …

The State of Assam, in a boundary dispute with the State of Nagaland, sought the production of additional topographical maps from a Survey of India witness during the trial. An earlier order of the Court had already permitted the production of certain maps, but Assam required more documents that were not in its possess…

The dispute involved a suit for possession of land in Himachal Pradesh that had passed through several owners and litigants. The defendant filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking rejection of the plaint on the ground that it was barred by provisions of Order IX and Ord…

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

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

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

The Supreme Court examined a long‑standing dispute between the Patriarch of Antioch’s group (the petitioner) and the Catholicos of the East’s group (the respondent) over the nature, governance and authority of the Malankara Jacobite Syrian Church. The Court held that the 1934 Constitution of the Malankara Association i…

Corporation Bank advanced an overdraft facility to D.S. Gowda for construction of flats, later securing the debt by an equitable mortgage and charging interest at 16.5% per annum with quarterly rests. The borrower contested the rate as excessive and argued that the RBI circulars and the Mysore Usurious Loans Act barred…

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

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

Morgan Stanley Mutual Fund, a SEBI‑registered domestic mutual fund, sought to issue a public fund scheme after obtaining SEBI approval for its draft scheme and advertising the issue. A prospective investor filed a petition before the Calcutta District Consumer Disputes Redressal Forum seeking an ex‑parte injunction res…

The Supreme Court examined a batch of appeals arising from Power Purchase Agreements (PPAs) between GMR Warora Energy Ltd. (the generator) and various distribution companies, challenging the classification of several post‑cut‑off charges as ‘Change in Law’ events and the computation of carrying cost interest. The Court…

Canara Bank granted a loan to N.G. Subbaraya Setty, who signed an unregistered assignment deed transferring the trademark "Eenadu" to the bank as security. The bank later cancelled the deed, invoking the Banking Regulation Act, and both parties litigated in 2004 – the bank seeking to declare the deed void and the respo…

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

The State of Karnataka entered into a Memorandum of Understanding and a Framework Agreement (FWA) with a private consortium to develop the Bangalore‑Mysore Infrastructure Corridor, requiring acquisition of about 20,193 acres of land. Several public‑interest writ petitions challenged the FWA on grounds of fraud, misrepr…

The respondents filed a declaratory suit claiming joint ownership of the suit property and seeking to declare certain gift and sale deeds ineffective. The trial court dismissed the suit on the grounds of limitation and that a prior decree (O.S. No. 93/71) operated as res judicata against Defendant No. 1 only, despite s…

The Nizam created a trust to fund his Haj pilgrimage and related religious activities abroad; after his death the trust became a public charitable and religious trust. Government restrictions prevented sending money overseas, so the trustees resolved to spend the trust's income within India and obtained an order under …

The appellant, P.K. Gupta, purchased a shop‑godown from Narain Prasad and sued the tenant, R. Nagdeo, for eviction under the Madhya Pradesh Accommodation Act for default in rent. The tenant contended that the sale deed was a benami transaction, alleging that the appellant was merely a name‑lender for his father, Pyarel…

World Tanker Carrier Corp (WTCC), a Liberian company, owned the vessel New World which collided on the high seas with the Cyprus‑registered vessel YA Mawlaya, resulting in deaths and damages. Various claimants filed suits in the United States, while SNP Shipping Services (an Indian company) and Kara Mara Shipping (Cypr…

The respondent landlady filed an eviction suit under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bona‑fide need for the premises to continue her son’s tailoring business. The trial court upheld the claim, but the appellate court reversed, holding that the son’s business was poor a…

The plaintiffs filed a suit for a permanent injunction to restrain the defendants from trespassing and demolishing the boundary fence of their property. The trial court decreed the injunction in favour of the plaintiffs and the first appellate court affirmed that decree. The High Court entertained a second appeal under…

Dr. Hira Singh's 1944 will granted his daughter Shivdev Kaur a life interest in a property. After the Hindu Succession Act, 1956 came into force, Shivdev Kaur claimed that the life interest had crystallised into an absolute title under Section 14 of the Act. The lower courts held that the life interest remained restric…

M/s. Century Textiles Industries Ltd. obtained a decree against M/s. Surya Trading Company, Proprietor D.K. Jain. In execution proceedings, Deepak Jain (respondent No.1) objected, claiming he was not the proprietor and thus not liable. The execution court, following a High Court revision order directing an inquiry into…

The Supreme Court entertained a contempt petition filed by C. Elumalai & Ors. alleging that the respondents, A.G.L. Irudayaraj & Anr., had willfully violated the Court's order dated 19 March 2007 which directed the Madras High Court to dispose of a suit within six months and refrain from creating any third‑party rights…

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

The plaintiffs, heirs of the original mortgagor, sued the heirs of the mortgagee for redemption of a usufructuary mortgage dated 7 September 1935 and for an account of income. The mortgagee had assigned the mortgage to an assignee on 12 February 1954, and the plaintiffs argued that this assignment deed was an acknowled…

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

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

The appellants, assistant teachers of the primary sections in a recognised junior high school in Uttar Pradesh, filed writ petitions seeking payment of their salaries under the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. The Allahabad High Court in 1991 directed tha…

The parties obtained a preliminary decree in a partition suit allocating a 1/6th share to the first respondent and a 5/6th share to the appellants. Although the court directed the preparation of a final decree in 1958, the final decree could not be engrossed because the appellants failed to supply non‑judicial stamps. …

The appellant filed an ejectment suit in 1988 which was repeatedly adjourned. On 8 August 1994, due to a lawyers' strike, the case was adjourned to 9 August 1994. The appellant's counsel fell ill and requested a short adjournment, offering to pay costs, but the trial court refused and ordered forfeiture of the appellan…

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 amended 1946) and t…

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 suit as his lega…

LMJ International Ltd. and Sleepwell Industries Ltd. entered into two separate contracts for the sale of Thai rice, governed by GAFTA 48 with disputes to be arbitrated under GAFTA 125 in London. Two foreign arbitral awards were rendered in favour of the respondent, who then filed execution petitions under Section 48 of…

The Life Insurance Corporation of India (LIC) sought eviction of several respondents from a licensed premises under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Estate Officer ordered eviction; the respondents appealed to the Appellate Officer, identified as the District Judge/Principal Judge…

The plaintiff obtained a decree for permanent injunction restraining the defendant from interfering with his immovable property. The judgment‑debtor died shortly thereafter, and his heirs attempted to dispossess the plaintiff, prompting the plaintiff to file an execution petition. The issue before the Supreme Court was…

The dispute involved a brother (appellant) and his sister (plaintiff) over ownership of a family property in Aurangabad. The sister claimed inheritance under Mohammedan law, while the brother asserted that the property was self‑acquired through a registered sale deed and adverse possession. The trial court dismissed th…

Sundaram Finance Ltd. filed a suit for injunction to restrain the repossession of a vehicle financed to T. Thankam. The loan agreement contained an arbitration clause (clause 22) and a repossession clause (clause 14.6). The respondent filed the injunction suit in a civil court; the appellant moved an application under …

M/s. Bhandari Udyog Ltd., a cotton ginning business in Raichur, Karnataka, sold 750 bales of cotton to Respondent No.2, a spinning mill in Latur, Maharashtra. A dispute over the unpaid balance was referred to arbitration under the Arbitration and Conciliation Act, 1996, and an award was made directing payment. Responde…

The plaintiffs filed a suit for declaration, partition and injunction against several defendants, one of whom, Virendra Kumar, died without contesting the suit. The trial court dismissed the suit as abated for failure to substitute the deceased's legal representatives. On appeal, the first appellate court and the High …

The State of Assam filed a Special Leave Petition (SLP) under Article 136 of the Constitution challenging only the Gauhati High Court's order dismissing its review petition, without challenging the original judgment of the Writ Appeal dated 20 November 2007. The Court examined whether an SLP can be entertained when the…