Code of Civil Procedure, 1908

Chaman Lal, a former truck driver employed by the Fish Farmers Development Agency (a society) and later absorbed into a government department, sought retirement benefits based on his total service. The lower courts dismissed his claim, and he argued that a similarly situated individual, Charanjit Lal, had obtained a pe…

The appellant, Sudarsha Avasthi, filed Election Petition No. 3 of 2002 challenging the election of Shiv Pal Singh to the Uttar Pradesh Legislative Council on alleged corrupt practices, including bribery to his brother and other candidates and undue influence on the Assistant Returning Officer. The petition alleged spec…

The case involved two sisters who challenged a 1983 deed of partition and relinquishment of their rights in family properties in favour of their brothers, alleging fraud and lack of consideration. The lower courts had held that the properties were joint family assets, the partition was a family settlement, and the sist…

Bank of India appealed against a decision that the Debts Recovery Tribunal lacked jurisdiction over the property of Ketan Parekh, who had been declared a notified person under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992. Parekh's movable and immovable assets were attached by …

The case concerned a dispute over the succession to the offices of Sajjadanashin (spiritual head) and Mutawalli (manager of secular property) of a Dargah originally granted by the ruler of Jaipur. The plaintiff, Faqruddin (deceased), claimed that he became the rightful Sajjadanashin and Mutawalli after being declared a…

The respondent Sunder Singh filed a suit against the Municipal Corporation of Hyderabad seeking a permanent injunction and an order to render accounts for a purported wrongful auction of his property. An interlocutory application to adduce secondary evidence was dismissed and the suit was subsequently dismissed; the ap…

Dabur India Ltd., the maker of "Dabur Red Tooth Powder", sued K.R. Industries for copyright infringement of its packaging and for passing off. The Delhi High Court dismissed the suit on the ground that it lacked territorial jurisdiction over the passing‑off claim, relying on the Dhodha House decision. Dabur appealed, a…

Swadeshi Polytex Ltd., a sick company unable to pay employee wages, was subjected to attachment and auction of its property under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The company challenged the sale, arguing that the sale proclamation and auction notice were not served on the actual default…

Binapani Kar Chowdhury filed a title suit in 1995 challenging the validity of a sale deed executed by the deceased Avarani Bose in favour of S.S. Basu. The plaintiff died in 1997 and the first respondent, claiming to be the executor and legatee under a 1996 will, was substituted as the legal representative under Order …

The appellants, the wife and daughters of a deceased property owner, filed a second suit challenging a power of attorney and seeking injunctions, after having earlier filed a first suit for similar reliefs. The defendants moved to reject the second plaint under Order VII Rule 11(d) of the CPC, arguing that the suit was…

The appellants challenged a High Court order that set aside a First Appellate Court judgment on the ground that it failed to comply with Order 41 Rule 31 of the Code of Civil Procedure. The central issue was whether non‑compliance with the rule—specifically the omission of "points for determination"—automatically vitia…

Bhushan Steel (now Tata Steel) filed a suit in the Delhi High Court against several parties, including Arcadia Shipping, alleging non‑payment under a Letter of Credit for galvanized steel shipped from Mumbai to Djibouti. The plaintiff claimed that the cause of action arose in Delhi because the supply order and payment …

The dispute arose from a registered Will dated 5 August 1972 that mutated property in favour of the appellants. Respondent No.1 filed a suit alleging the Will was procured by fraud; the trial court dismissed the suit and held it barred by limitation under Article 59 of the Limitation Act, 1963. The first appellate cour…

The appellants (defendants in the earlier suit) challenged a Madras High Court order that, after allowing them to withdraw their 1973 suit without liberty to file a fresh suit, barred them from raising the defence that the conveyance deed was invalid. The Supreme Court examined whether such a withdrawal order constitut…

The respondents sought leave under Section 92 of the CPC to file a suit for removal of trustees and framing of a scheme, which the High Court initially denied but later granted on appeal. The Supreme Court examined whether a court must give notice to the proposed defendants before granting such leave and held that noti…

The Karnataka Board of Wakf claimed ownership of three properties in Bijapur, asserting that a 1976 notification and Gazette declared them Wakf under the Wakf Act, 1954, and that the Government of India’s claim of title by adverse possession was untenable. The Government countered that the properties had been acquired …

The original owners of a residential building executed an agreement to sell the property to Dr. Gopalakrishna in 1974 and received an advance, but Gopalakrishna later rescinded the contract and sued for recovery of the advance. He subsequently sought to amend his suit for specific performance, which the trial court rej…

Hanil Era Textiles Ltd placed a purchase order in Mumbai for filters, paying an advance there, and the order was accepted by the seller's Mumbai branch. The goods were later dispatched from the seller's Delhi factory to the buyer in Delhi, and the buyer filed a suit in the Delhi court for recovery of dues. The seller i…

Kondiba Dagadu Kadam filed a suit for specific performance of a sale agreement which was dismissed by the trial court. The first appellate court reversed the dismissal, relying on two attesting witnesses who testified that the agreement was executed by thumb impression. The High Court, on a second appeal, re‑appraised …

Klockner & Co., a German firm, had a marketing agreement with Orissa Mining Corporation (OMC) for exclusive marketing of charge chrome, containing an arbitration clause referring disputes to the ICC in London under Swiss law. After OMC's charge‑chrome division was taken over by the State of Orissa under Ordinance 8 of …

The dispute concerned the width of a common road on property jointly purchased by the parties in Nasik. The trial court and the appellate court, after extensive consideration of oral and documentary evidence, found that a 30‑foot wide road existed and enjoined the defendants to remove encroachments. The Bombay High Cou…

The appellant, S. S. Sanyal, was occupying premises as a tenant of India Foils Ltd. when the landlady sold the property to Habitat Developers, who obtained a decree for specific performance and possession. Although the decree was against the landlady, the appellant was not impleaded nor was any eviction order passed ag…

The respondent sued the appellant for possession of a building on the ground of wilful default in paying rent of Rs.900 per month. The appellant denied being a tenant, claiming to be a co‑sharer, but the lower courts held it was a tenant and decreed eviction. While the suit was pending, clause (ii) of section 30 of the…

The plaintiff, Gangubai Raghunath Ayare, sued for administration of her father‑in‑law's estate and sought to declare a sale deed by her brother Vishnu null and void. The trial court dismissed the administration claim for lack of necessary parties but declared the sale deed void and ordered possession of half the proper…

The employer, M/s. Creative Garments Ltd., appealed against a Labour Court award that reinstated employee Kashiram Verma with back wages. The employee never reported for duty despite multiple communications, and his permanent address was never furnished; only a "care of Union" address was provided. The Supreme Court fo…

The plaintiff, a former freedom fighter, sued the State of Punjab and its officers for Rs.20 lakhs in damages for denial of his freedom‑fighter status. He affixed only Rs.50 as court‑fees, relying on a Punjab & Haryana High Court decision that allowed tentative valuation for fee payment. The trial court ordered him to …

The case concerned whether an arbitrator could award pendente lite interest when the underlying contract expressly barred interest on delayed payments. The dispute arose from a construction contract between the Union of India and M/s. Ambica Construction, which had undergone multiple arbitrations and court intervention…

The dispute involved a suit for specific performance of a land sale agreement where the trial court decreed specific performance, the District Judge reversed the decree and ordered a refund of earnest money, and the High Court allowed a second appeal, set aside the District Judge’s order and restored the trial court de…

The respondent, a Development Officer of LIC, was dismissed following a departmental inquiry that he alleged was conducted without a copy of the inquiry report and without a proper opportunity to be heard, violating natural justice. In the suit challenging his dismissal, the employer (appellant) did not lead any oral e…

The appellant, Santosh, challenged the Allahabad High Court's ex‑parte dismissal of his criminal revision petition (No. 1622 of 1989). The High Court had refused to recall the order, holding that it was decided on merits and therefore could not be recalled. The Supreme Court observed that the appellant’s counsel was ab…

The appellant filed a suit for recovery of Rs.4.49 lakh and the respondent No.1 filed a separate suit for foreclosure of a mortgage against the same judgment debtor, respondent No.2. Both suits were decreed against respondent No.2, and execution proceedings were instituted, leading to the sale of the mortgaged property…

Alchemist Ltd., a company with its registered office in Chandigarh, submitted a proposal for a strategic partnership with State Bank of Sikkim as part of Sikkim's disinvestment of 49% equity. After an acceptance in principle, Alchemist deposited Rs 4.5 crore in Chandigarh, but the Sikkim government later refused approv…

The wife obtained a judicial separation decree directing the husband to return ornaments worth Rs. 3,25,655 within one month, with a conditional order that if he failed to do so he would pay the value plus 9% interest per annum. The husband returned the ornaments after a delay but within a reasonable time, yet the High…

The respondent filed a second appeal before the Delhi High Court, and the appellant raised cross‑objections in that appeal. The respondent later withdrew the appeal, and the High Court dismissed the cross‑objections, holding that they ceased to exist upon withdrawal of the appeal. The appellant appealed to the Supreme …

The dispute concerned the exclusive right to operate an iron‑ore mine. Hardesh Ores (the old contractor) claimed that its contract with the mining‑lease owner had been renewed by the parties' conduct, while Timbolo Minerals (the new contractors) asserted that the owner had refused renewal and entered into a fresh, high…

The appellants filed a suit for declaration of title and permanent injunction over ancestral A and B Schedule properties, claiming inheritance rights. The trial court dismissed the suit, but the first appellate court allowed it, finding the appellants entitled to the properties. The respondents appealed to the Madras H…

The appellant Narayanan (vendee) purchased a disputed parcel of land that the owner Kunjan had retained despite executing a settlement deed for his daughters. The first respondent Kumaran, a close relative, fraudulently altered the deed's schedule to claim title over the disputed parcel and sued for a permanent injunct…

The plaintiff, a registered money lender, sued the appellant and his father (defendant 2) for recovery of a loan advanced through a cheque drawn on the plaintiff’s bank account. The trial court decreed only against the father, holding that the appellant had not approached the plaintiff and that the father was not his a…

The appellant, Tilak Raj, claimed a half‑share in land bequeathed to him by his grandmother's will and in land that had been acquired by the Fertilizer Corporation of India (FCI) and later returned as surplus. The decree in the earlier suit mistakenly described the land as Khasra No. 25R/52 instead of the correct 26R/5…

Balwinder Singh, appointed Constable and later promoted to Head Constable by the Deputy Inspector General (DIG) of Punjab Police, was dismissed by the Superintendent of Police (SP) for unauthorized absence. He appealed the dismissal to the DIG, which was also dismissed, and then filed a suit seeking a declaration that …

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

In a suit for ejectment filed on 5 April 1984, the respondent entered into a compromise and a decree for eviction was subsequently recorded. The respondent failed to deliver possession, prompting the appellant to file an execution petition. The respondent first challenged the validity of the compromise decree under Sec…

The Ranchi Municipal Corporation demanded Rs 1,01,501 as service charges from the Railways for the years 1993‑94 and 1994‑95. The Union of India challenged the demand, and the Patna High Court upheld it. On appeal, the Supreme Court examined whether the municipality could levy such charges under Section 135 of the Rail…

Babulal obtained a decree for specific performance of a contract for sale of immovable property, but the decree did not grant possession. When the decree‑holder sought to execute the decree, Raj Kumar (the appellant), who was not a party to the decree, claimed a right in the property and obtained an injunction. He obje…

The appellants, legal heirs of certain defendants, challenged an interim order dated 20 September 2024 passed by the Andhra Pradesh High Court in a second appeal (SA No. 518 of 2023) that directed the parties to maintain the status quo without first formulating any substantial question of law as required under Section …

Workmen filed a civil suit in 2005 seeking a declaration and permanent injunction against a fine imposed by Rajasthan State Road Transport Corporation. The corporation moved an application under Order VII Rule 11 of the CPC to dismiss the suit and refer the matter to the Industrial Disputes Act, 1947. The application a…

The State of Maharashtra, through its Executive Engineer, challenged an arbitral award dated 12 May 2012, filing applications under Section 34 of the Arbitration Act before the District Judge, Thane, while Atlanta Limited filed a petition before the High Court of Bombay on the same day. The High Court ordered the trans…

The respondents filed a suit for specific performance of a sale contract, but their plaint omitted the mandatory averment under Section 16(c) of the Specific Relief Act that they were ready and willing to perform. After the trial concluded and the matter was reserved for judgment, they sought to amend the plaint under …

The appellants, children and legal representatives of the deceased landlord, filed a contempt petition under Section 11(2) of the Contempt of Courts Act, 1971, alleging that the respondents had abused the process of the court by filing a second application in execution proceedings. The High Court Division Bench on 9 Ju…

The plaintiff, Bhagwan Sarup Nagar, claimed ownership of a house and had licensed his cousin, Ram Kishan, to occupy two rooms. After revoking the licence on 27 September 1991, the defendant refused to vacate, prompting the plaintiff to sue for a mandatory injunction, possession, and mesne profits. The defendant asserte…

The respondent's land was declared surplus under the U.P. Imposition of Ceiling on Land Holdings Act, 1954, but he failed to file an appeal under Section 12 of that Act. After about two years he filed an application under Section 151 of the Code of Civil Procedure, claiming that consolidation proceedings had reduced hi…

The appellant Ajay Bansal filed a summary suit under Order XXXVII of the CPC for recovery of Rs 2,93,987. The respondents applied for leave to defend under Order XXXVII Rule 3(5); the Civil Judge rejected the application, calling the defence sham, and immediately passed a final decree for Rs 2,83,987 with interest. The…

Cholamandalam Investments & Finance Co. Pvt. Ltd. filed a suit in the Madras High Court for recovery of money under a hire‑purchase agreement that contained a clause granting exclusive jurisdiction to Madras courts. Radhika Synthetics Ltd. later instituted a suit in the Bombay High Court claiming damages, relying on a …

The appellants sought a declaration that a temple they manage is their private family place of worship, not a public endowment. The Endowment Department contended that the appellants' father had endowed the temple as a Wakf, an entry of which (Exh. B6) appears in the Register of Endowments and was published in the Offi…

The suit concerned possession of a property claimed to be joint Hindu family property. The appellant, Raj Kumar Bhatia, sought to amend his written statement to elaborate that the property was coparcenary undivided HUF, an argument already contained in his original statement. The Trial Court allowed the amendment under…

The plaintiff Shailendra Prasad Srivastava filed a suit for declaration of title over certain lands against Baidya Nath Prasad Verma, which the trial court dismissed. The High Court, acting as the first appellate court, reversed the trial court's decision and decreed in favour of the plaintiff, but it neither framed sp…

The Lal Shah Baba Dargah Trust filed a suit before the single‑member Maharashtra Waqf Tribunal seeking injunction against alleged illegal development of waqf property. The respondents obtained a civil revision, arguing that the 2013 Wakf (Amendment) Act, which mandates a three‑member tribunal, rendered the one‑member t…

The petitioners, tenants of a shop room, challenged an eviction suit filed by Subhash and Gopal Paliwal, claiming that a will executed by the deceased owner bequeathed the premises to Gopal, rendering Subhash not a landlord. The tenants admitted in their written statement that the Paliwals were their landlords and paid…

Narendra Kante filed a suit seeking declaration, permanent and mandatory injunctions concerning a property he claimed as ancestral, alleging that no valid partition had been effected and that a deed of family settlement dated 8 February 1967, which was not signed by all co‑sharers, could not be relied upon. The trial c…

The appeal concerned a special Letters Patent appeal filed before the CPC (Amendment) Act 2002 came into force. The appellant argued that Section 100‑A of the Code of Civil Procedure, which bars further appeals from a single‑judge decision, should apply retrospectively and thus invalidate the pending appeal. The Suprem…

Two brothers, Madhavan and Bahuleyan, formed a partnership and were co‑owners of a property. Madhavan died, causing the partnership to dissolve. The legal heirs of Madhavan sold the property to Krishnan (predecessor in interest of the respondents). A third party later obtained a decree against the dissolved firm and th…

The Supreme Court considered two appeals arising from suits alleging infringement of copyright and trade‑mark rights – one by Dhodha House (sweet‑meats) filed in the Ghaziabad district court and another by Patel Field Marshal (diesel engines) filed in the Delhi High Court. Both lower courts had held they lacked territo…

The dispute concerned the validity of inter‑State stage‑carriage permits issued under Section 88 of the Motor Vehicles Act, 1988. A 1968 reciprocal transport agreement between Rajasthan and Haryana fixed a ceiling of 13 permits, which had to be countersigned by the other State. The Rajasthan State Road Transport Corpor…

The appellant underwent a prostate operation at Sir Ganga Ram Hospital and subsequently suffered continuous urinary leakage, pain and other ailments. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging medical negligence and seeking Rs. 40 lakh as compensation for deficiency…

The appellant, a non‑redeeming co‑mortgagor, claimed a 9/12 share in a jointly owned mortgaged property and sought declaration of title, possession, or partition after another co‑mortgagor fully redeemed the mortgage and took possession. The trial court and first appellate court decreed partition, ordering the appellan…

Smt. Thakamma Mathew sold a property to M. Azmathulla Khan and later cancelled the agreement when the sale was not completed by the stipulated date. She sued for cancellation, possession and damages. The trial court cancelled the agreement and ordered restitution and damages. The Karnataka High Court, invoking Order 7 …

The respondent sued for specific performance of a contract for sale of a house. The trial court decreed in his favour and the High Court affirmed. During the hearing of the Letters Patent Appeal, the parties orally agreed that the appellant would pay Rs.2,25,000 as full and final settlement, but the agreement was not r…

The dispute concerned whether a new industrial unit, Rubfila International Ltd., was entitled to a five‑year exemption from the enhanced power tariff under the Kerala Government Order of 6 February 1992 from the date of commercial production (26 March 1995) or from the date of energisation (16 September 1995). The Kera…

The appeal arose from a summary suit filed by IDBI Trusteeship Services Ltd., a debenture trustee, to enforce an unconditional corporate guarantee issued by Hubtown Ltd. (formerly Ackruti City Ltd.) on behalf of its subsidiary Vinca. The plaintiff alleged defaults on debentures issued by Amazia and Rubix, while the def…

The respondents filed a suit for redemption of a usufructuary mortgage which the trial court dismissed as barred by limitation; the High Court reversed and granted a preliminary decree for redemption, holding that the mortgage was acknowledged and a fresh cause of action arose. The appellants filed an appeal, but durin…

Satish Chander Ahuja, the father‑in‑law, owned a house in New Delhi and sued his daughter‑in‑law Sneha Ahuja for mandatory and permanent injunction to remove her from the first floor. Sneha had earlier filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, obtaining an interi…

Sumer Builders Pvt. Ltd. entered into a development agreement and MoU with Narendra Goran for a land parcel in Indore. After disputes over payment and possession, the respondent terminated the agreements and invoked the arbitration clause. The developer applied to the Bombay High Court for interim relief under Section …

The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court's reversal of an appellate decree. The High Court disposed of the appeal without formulating any substantial question of law, as required by Section 100(3)-(5). The appellant argued that such a procedu…

The plaintiff (borrower) entered into contracts with suppliers for a 108 MW captive power plant and with a consortium of banks, including Svenska Handelsbanken, for financing. The plant was later found to have a capacity of only 60 MW, leading the plaintiff to allege fraud by the suppliers and the lender and to seek a …

The case concerned a senior IAS officer, Badrinath, who delivered a speech criticizing the Red Fort time‑capsule and later sought to sue the Chief Secretary for defamation. He applied for permission under Rule 17 of the All India Services (Conduct) Rules, 1968, which bars civil servants from suing for vindication of an…

The case concerned an ancient temple registered as a public trust under the Bombay Public Trust Act, 1950. After trustees terminated the services of two licensees who refused to vacate temple premises, the trustees filed suits for declaration of title and possession. Earlier suits were dismissed for lack of written con…

The plaintiff filed a commercial suit in October 2018 seeking a permanent injunction against the defendant for alleged trademark infringement and obtained an ex‑parte interim injunction. Realising the suit was not compliant with the Commercial Courts Act, the plaintiff withdrew it on 27 July 2019 and filed a fresh suit…

The appellant, Edara Hari Babu, was elected Chairperson of a Zilla Praja Parishad (ZPP) after voting for himself despite a whip issued by the Telugu Desam Party (TDP). The District Collector disqualified him under the Andhra Pradesh Panchayat Raj Act, 1994, and the Chief Executive Officer directed the Vice‑Chairperson …

The land of the appellants was acquired under the Land Acquisition Act, 1894, with a notification dated 5 March 1983 and an award on 1 March 1984. The owners filed a reference under Section 18 for enhanced compensation, and while the reference was pending, the 1984 Amendment Act introduced Section 23(1A) and a transiti…

FGP Ltd., a public limited company, occupied a flat in Mumbai under a tenancy agreement dated 16‑07‑1981. The legal representatives of the original owner filed a suit for possession under the Bombay Rent Act, 1947, claiming reasonable and bona‑fide requirement; the Small Causes Court, the appellate authority and the Hi…

The first respondent, a private transport operator, filed a writ petition in the Madras High Court challenging the scheme of nationalisation under Section 68(d) of the Motor Vehicles Act, 1939. The High Court allowed the petition and the appellant, the Managing Director, filed a timely writ appeal, while the State of T…

The respondents filed a suit seeking declaration of ownership and a permanent injunction, alleging a prior compromise that purportedly made them owners of the disputed land. The trial court dismissed the suit, but the first appellate court set aside that dismissal on the basis of alleged settlement statements, a decisi…

The appellant filed a summary suit under Order XXXVII of the CPC for recovery of Rs.64.18 lakh, while the respondent had earlier instituted a criminal prosecution under Section 138 of the Negotiable Instruments Act, which was later withdrawn. The trial court and the High Court granted conditional leave to defend, impos…

The appellant, Sobha Singh & Sons Pvt Ltd, a landlord, obtained a consent order on 1 June 2012 in a suit for eviction of the respondent, the legal representative of the deceased tenant. The respondent failed to vacate the suit house despite extensions and the appellant filed an execution petition. The respondent challe…

Bal Niketan Nursery School, a recognised institution under the U.P. Basic Education Act, 1972 and run by a registered society, purchased land and super‑structures in its own name and, through its manager (who was also the society's secretary), served notice to four tenants and filed suits for eviction and arrears in th…

The case arose from a 1955‑56 partition suit concerning the estate of Nawab Khurshid Jah, where a preliminary decree dated 28‑06‑1963 declared certain lands as Mathruka property. The decree was later used by decree‑holders and their assignees to claim title over the land, leading to numerous execution and claim petitio…

The Supreme Court heard a Special Leave Petition filed by Ishwar Chanda Sharma challenging a High Court order that directed the appointment of a receiver for Sri Giriraj Temple in Mathura with a preference for a person from the Vaishnav Sampradaya rather than a practising advocate. The Court examined the long‑standing …

The Alpha G184 Owners Association, a society of housing project allottees, filed several consumer complaints before the National Consumer Disputes Redressal Commission seeking possession, compensation for delay and other reliefs against Magnum International Trading Company, the builder. The builder challenged the assoc…

The case concerned a suit for redemption of mortgaged lands where the plaintiffs sought partition of the mortgaged properties. The second defendant, Gopalakrishnan Nair, claimed ownership of an adjoining parcel identified as old Survey No. 988 and repeatedly objected that it should be excluded from the suit property. T…

The appellants GMG Engineering Industries and others entered into a sale agreement with the respondents ISSA Green Power Solution, which fell through, leading the respondents to sue for recovery of Rs.1.5 crore and Rs.10 lakh. Both suits were decreed ex-parte after the appellants failed to appear, and the appellants la…

The case arose from a long‑standing dispute over leasehold lands originally granted to Sowar Ramji Vaity. After a series of agreements, the respondent Kiran Construction Co. (Respondent No.1) sought to enforce a 1982 injunction restraining the Vaity family and others from dealing with the properties, despite having no …

Hardesh Ores Pvt. Ltd. and Sociedade de Fomento Industrial Pvt. Ltd. entered into extraction and purchase agreements with Hede & Co. containing a clause allowing the lessee to renew the lease every five years at its sole option. The lessees exercised the option in December 2001, but Hede & Co. denied renewal, leading t…

The appellant, an indigent plaintiff, filed a suit for damages against the State of Kerala which was dismissed as barred by limitation. The High Court held that, despite his indigent status, the plaintiff must pay the court fee because he failed in the suit, and dismissed his application for clarification. On appeal, t…

The appellant filed a suit for specific performance of an alleged sale agreement of a Shimoga property, claiming the contract was concluded on 25‑January‑1984 in Delhi. The defendants denied any concluded contract, stating that price and terms were never fixed and that no agreement was reached on the later meeting in B…

The mortgagor, an agriculturist, hypothecated two parcels of land to a mortgagee under the Bombay Agricultural Debtors Relief Act, 1947. After default, the mortgagee obtained an execution and, although a compromise discharged the debt, it retained possession of the lands. The mortgagor’s representatives filed an execut…

The Jammu & Kashmir Economic Reconstruction Agency (JKERA) engaged Rash Builders for four road projects in J&K, but contractual disputes led the contractor to invoke arbitration. The parties, with the arbitrator’s consent, fixed Srinagar as the seat of arbitration and New Delhi as the venue, later appointing a new sole…

The respondent, M/s Bharat Heavy Electricals Ltd., sued Jharkhand Urja Utpadan Nigam Ltd. and another party for recovery of a sum based on an award. The Commercial Court pronounced a judgment, but the petitioners filed their appeal under Section 13(1-A) of the Commercial Courts Act 2015 after a delay of 301 days and so…

The dispute arose when Inox India Ltd filed a trademark suit alleging that Cryogas Equipment Pvt Ltd and LNG Express infringed its proprietary engineering drawings and related literary works used in cryogenic semi‑trailers. LNG Express moved an application under Order VII Rule 11 of the CPC, arguing that the drawings w…

The Supreme Court entertained a miscellaneous application seeking recall of its own judgment dated 03.01.2024 in Civil Appeal No. 37 of 2024 on the ground that the respondents had not been served and therefore did not appear. The Court held that non‑service justified recalling the judgment and ordered the appeal to be …

The R.B.A.N.M.S. Educational Institution, a charitable trust in possession of a Bangalore property since 1905, was sued by respondents who claimed a right to prevent the institution from alienating the land based on an alleged 2018 agreement to sell and an advance cash payment of Rs.75 lakh. The institution filed an ap…

The appellants filed a partition suit against the respondents, who had earlier executed a registered General Power of Attorney in favour of two attorneys to manage rent. While the suit was pending, the parties entered into a compromise, which the trial court approved and decreed. The respondents later filed a miscellan…

The appellant, Booz‑Allen & Hamilton Inc., sought to refer a mortgage suit filed by SBI Home Finance Ltd. to arbitration under clause 16 of a tripartite deposit agreement. The High Court rejected the application, holding that the dispute was not covered by the arbitration clause, that the appellant had waived its right…

The Assistant Commissioner, Commercial Tax Department appealed to the Supreme Court after the Rajasthan High Court dismissed a tax revision petition in a cryptic order that contained no reasons. The appellant argued that the lack of reasons violated principles of natural justice, legitimate expectation, and procedural …

The Chhattisgarh State Electricity Board (CSEB) appealed an order of the Appellate Tribunal for Electricity dated 17 May 2007, filing the appeal on 24 December 2007 and seeking condonation of a 160‑day delay. The Court was asked to decide (i) whether Section 5 of the Limitation Act, 1963 could be invoked to extend the …

The appellants, long‑time tenants of a plot, had erected a tin shed and operated a religious bookshop that was recognised by the municipal council. Following a complaint by a private individual, the Sub‑Divisional Magistrate, invoking Section 133 of the Code of Criminal Procedure, ordered the removal of the shop as a p…

The plaintiff, Babu, owned suit land and filed a suit to set aside a deed of sale executed under a purported Power of Attorney. The plaintiff died during the suit and his heirs were brought on record. An amendment to the plaint was allowed in 2004. Subsequently, the eighth respondent (an heir and legal representative) …

The North Eastern K.R.T.C., a statutory road transport corporation, filed a suit for permanent injunction to stop the Mandal Panchayat from constructing shops on land that formed part of a public road maintained by the PWD, thereby obstructing a wicket gate used for passenger egress at a bus stand. The Panchayat argued…

The landlord filed an eviction suit alleging non‑payment of rent and obtained an order from the Rent Controller directing the original tenant to pay rent at Rs 105 per month from 1985. After the tenant's death in 1997, his heirs (the appellants) failed to make timely payments, depositing the arrears in lump sums years …

The borrower, Laxmi Prasad, had pledged jewellery to money‑lender Seth Ramdayal Jat in 1987 for a loan. After the lender was convicted in a criminal case for charging excess interest, the borrower served a notice on 12 May 1998 demanding the return of the jewellery, which was ignored. A suit for recovery of the pledged…

The appellant, T.M. Jacob, was elected to the Kerala Legislative Assembly and faced an election petition filed by C. Poulose alleging corrupt practices. The petition included an affidavit in Form 25, but the copy of the affidavit served on Jacob omitted the notary’s name, address, stamp and seal, though it bore the end…

The first respondent filed a suit on 30 October 1981 seeking a declaratory decree that she was the absolute owner of 6 acres 25 gunthas of land at Raichur. The appellants were later impleaded as respondents under Order 1 Rule 10 of the CPC but, despite repeated adjournments, failed to file a written statement, leading …

The suit land in Sirsa, Haryana was subject to ceiling proceedings under the Haryana Ceiling on Land Holdings Act, 1972, and the prescribed authority issued an order on 17 October 1978. Two separate civil suits were filed challenging the legality of that order and seeking its declaration as null and void. The High Cour…

The wife filed for divorce and custody of her US‑citizen children in a US court, which issued an interim order directing the father to appear for conciliation and later granted him temporary physical custody, ordering the children be returned to the US. She then travelled to India and, concealing the US proceedings, fi…

The Board of Control for Cricket in India filed a Section 34 challenge to arbitral awards dated June 2015, and the award creditors sought execution. The award debtor argued that the pre‑amended Section 36 imposed an automatic stay on execution until the Section 34 petition was decided, while the High Court applied the …

The case concerned an election petition filed by Sharadendu Tiwari challenging the election of Ajay Arjun Singh. The dispute centered on whether the petition was accompanied by an affidavit in the statutory Form 25 as required by the proviso to Section 83(1)(c) of the Representation of the People Act, 1951, and whether…

The husband and wife married in 1987, after which the wife sought maintenance under Section 125 of the Criminal Procedure Code. The parties later entered into a compromise under Order 23 Rule 3 of the Civil Procedure Code, agreeing that the wife would receive a lump sum of Rs 8,000 as permanent alimony and would not cl…

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

In execution of a money decree, a mortgaged property valued at Rs 75,000 (later reduced to Rs 50,000) was auctioned and sold for Rs 15,100, with the mortgagee himself submitting the winning bid. The appellant, the judgment debtor, challenged the validity of the sale under Order 21 Rule 97 of the CPC, arguing that the s…

Mehboob-ur-Rehman filed a suit for specific performance of a 1975 agreement to sell a house, alleging the defendant failed to obtain required land‑ceiling permission. The trial court decreed in his favour, but the first appellate court reversed, holding the plaintiff had not shown continuous readiness and willingness t…

The appeal concerned a custody dispute over a child born to Perry Kansagra and Smriti Madan Kansagra. After mediation failed, the High Court had held that the mediator’s and counsellor’s reports were confidential and could not be used, and later set aside that decision on review. The Supreme Court held that the High Co…

Sundaram Finance Ltd. granted a loan to Abdul Samad, who defaulted, leading to arbitration under the loan agreement. An ex parte award of Rs.12.69 lakh was made, and Sundaram sought execution of the award in the Morena court, which dismissed the application for lack of jurisdiction, directing the appellant to first obt…

The plaintiff filed a civil suit in the Calcutta High Court for recovery of money and, after failing to serve the defendants by ordinary means, obtained permission to serve them by substituted service through newspaper publication. The summons published on 25 November 2014 instructed the defendants to appear within 15 …

The appellants filed a civil suit seeking specific performance of an agreement, which the trial court decreed in their favour. The High Court single judge set aside that decree, and the appellants filed a Letters Patent Appeal (LPA) before the Division Bench of the High Court. The Division Bench dismissed the LPA by a …

The appellant sought eviction of the Rashtriya Swayam Sewak Sangh (RSS Sangh) from premises it occupied. The Sangh was represented in the suit by its manager, president and a member, and the trial court dismissed the suit. The Madhya Pradesh High Court, on appeal, decreed ejectment in favour of the appellant, but the r…

The appellant contested the 1992 Moga Assembly election, losing by seven votes, and filed an election petition alleging that 22 bogus votes were cast for the winning respondent by impersonating dead electors. The petition sought production of the ballot paper account and the marked copies of electoral rolls for five po…

The appellant society, representing homebuyers, challenged the NCLAT's order admitting Takshashila Heights India Private Ltd (the corporate debtor) into the Corporate Insolvency Resolution Process (CIRP) on a petition filed by Edelweiss Asset Reconstruction Company Ltd (the financial creditor). The society also contest…

The Gaudiya Mission claimed that a will and codicil executed by its disciple, Kum. Uma Bose, in 1994 and 1996 respectively, vested her property in the Mission. After Uma's death, her sister Kum. Shobha Bose obtained a Letter of Administration and later filed a testamentary suit, which a Single Judge of the Allahabad Hi…

The dispute concerned a joint ancestral property sold to L, who claimed to be the widow of R, while the respondents alleged she was merely a mistress. The trial court held that a presumption of a valid marriage existed because L and R had cohabited for decades and their children were married off by R. The first appella…

The appellant, a mortgagor in a usufructuary mortgage, filed a suit for redemption and was directed by the trial court to deposit the mortgage money within a stipulated period. He failed to deposit, sought an extension which was denied, later deposited the amount with permission, and then applied for a final decree wit…

The State acquired land in Etmadpur Village under the Land Acquisition Act, 1894 and the Collector awarded compensation under Section 11. Ramesh Singh and Hari Singh sought a reference under Section 18, which was dismissed, while Ruma Singh obtained a higher award after a reference and a decree under Section 26. The pe…

The Supreme Court heard an appeal by Mohammed Abdul Wahid against Nilofer & Anr concerning whether a party to a civil suit can also be treated as a witness and whether CPC provisions bar the production of documents for cross‑examination of a party. The High Court had held that a party could not be equated with a witnes…

Air Commodore N.K. Sharma, a Judge Advocate General (Air) in the Indian Air Force, claimed that the Ministry of Defence failed to form a policy for filling the upgraded AVM JAG (Air) post and that his promotion was unjustly denied. He filed a complaint under Section 27 of the Air Force Act, which led the Armed Forces T…

The appellants, joint owners of a 23‑kanal property, entered into two sale agreements with the respondent, requiring the sale deed to be executed by 16‑08‑2004 and making earnest money forfeitable if the deadline was missed. The respondent paid part of the consideration as earnest money but failed to appear for executi…

The Supreme Court of India addressed two interconnected issues: whether landlord-tenant disputes governed by the Transfer of Property Act, 1882 are arbitrable, and the scope of judicial review under Sections 8 and 11 of the Arbitration and Conciliation Act, 1996. The case arose from a tenancy agreement containing an ar…

The plaintiff filed a suit for specific performance of an agreement to sell dated 13 March 1992, alleging that the entire consideration of Rs.32 lakh had been paid but the sale deed was never executed and the property was later sold to a third party. The defendants moved an application under Order VII Rule 11(d) of the…

The plaintiff, Shami Mohd., sued Jamila Begum for a declaration that a 1967 mortgage deed and a 1970 sale deed executed by his father, Wali Mohd., in favour of the defendant were void, alternatively seeking redemption of the mortgage. The trial court held the documents valid and dismissed the suit; the first appellate …

The tenant, Maruthi Jaiwant Nakadi, filed a Form No. 7 application under the Karnataka Land Reforms Act, 1961 seeking occupancy rights over 11 acres 17 guntas, claiming he had cultivated the land for years and paid rent in kind. The landlords, represented by the heirs of the deceased Eknath G. Navarekar, opposed the cl…

Mohanlal Bansal, the plaintiff in an eviction suit, died during the pendency of the case. His widow applied for substitution as his legal representative, while his brother (the appellant) sought substitution on the basis of a Will allegedly executed by the deceased. The trial court allowed the widow but rejected the br…

The dispute arose from the dissolution of a partnership firm where the parties' shares were determined by a decree. A Court Commissioner was appointed under Order XXVI Rule 11 of the CPC to examine the accounts, and his report was objected to by the appellants' father. The trial court rejected the objections and a requ…

Morgan Securities advanced an inter‑corporate deposit to Modi Rubber, which defaulted, leading to an arbitral award in favour of Morgan and a winding‑up petition. The High Court restrained Modi Rubber from dealing with its assets, but the company made a reference to the Board for Industrial and Financial Reconstruction…

The appellant, Shanti Devi, claimed a Will executed by her mother in her favour and sought mutation of the property. Her sister, Daropti Devi, challenged the Will's validity, filing suits for perpetual injunction and declaration, both dismissed by the trial court. The Delhi High Court remitted the entire case to the tr…

Harshad Chimanlal Modi filed a suit in the Delhi High Court for specific performance and possession of immovable property situated in Gurgaon. The suit was later transferred to the Delhi District Court, where the defendants amended their written statement to raise a jurisdictional objection under Section 16 of the CPC,…

The suit for specific performance of a house sale was decided in favour of the plaintiff, Raghu Nath Prasad, who later died. His legal representatives and an assignee, Saraswati Devi Gupta, claimed the decree. The Supreme Court earlier upheld the assignee’s right to enforce the decree and to prefer appeal, rejecting a …

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

The Ashok Nagar Welfare Association filed suits under Section 6 of the Specific Relief Act seeking possession of land allegedly occupied unlawfully by the respondents. A Single Judge of the Delhi High Court passed ex‑parte decrees on the basis that summons were served, although the summons were later found not to have …

The petitioners sought a review of the Supreme Court's 28 September 2018 judgment in Indian Young Lawyers Association v. State of Kerala, which struck down the exclusion of women aged 10‑50 from the Sabarimala temple. The Court examined whether any material error or patent mistake existed in the earlier judgment, parti…

Makers Development Services Pvt. Ltd. entered into a 1980 agreement with M. Visvesvaraya Industrial Research and Development Centre for constructing a hotel complex and obtaining a 60‑year lease. After the construction stalled at 80 ft, the respondent served a notice to vacate the premises in July 2007. The appellant f…

The husband filed a suit for declaration of title and possession of a schedule property where his wife and children were residing. The trial court and the first appellate court decreed possession in favour of the husband. The wife appealed, asserting her right to reside in the matrimonial home and relying on a previous…

The Supreme Court examined a civil appeal (No. 918 of 2000) wherein the Himachal Pradesh High Court had allowed a second appeal under Section 100 of the Code of Civil Procedure, 1908, without formulating any substantial question of law. The appellant contended that the High Court erred by reversing the findings of fact…

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

In an administrative suit concerning the sale of a property at Ootacamund, the Court appointed receivers who effected the sale. The purchasers of the property (appellants) challenged objections raised under Order 21, Rule 90 read with Section 151 of the CPC, arguing that such objections were not maintainable. The Trial…

The appellants, representing the original decree holder, sought to enforce a partition decree dated 9 March 1970 that awarded them a share of a one‑acre property in Kerala. The decree was engrossed on stamp paper in 1990 and an execution petition for possession was filed in 1991, resulting in the plaintiff taking posse…

Kapil Kumar sued Raj Kumar for recovery of Rs 1 lakh, alleging that Raj Kumar had borrowed the sum and executed a promissory note in Kapil's favour. The trial court, after evaluating the handwriting expert and deed‑writer testimony, held that the note was executed and decreed in favour of the plaintiff; the first appel…

Ganesan was convicted under Section 7 read with Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 based solely on the testimony of a 13‑year‑old victim (PW‑3). The trial court sentenced him to three years’ rigorous imprisonment (the minimum under Section 8) and ordered Rs 1 lakh compensatio…

The appellants, Sameer Singh and another, challenged an order of a Sub‑Judge’s execution court that it had become functus officio and therefore could not entertain their application under Order XXI Rules 97, 99 and 101 of the CPC concerning a disputed immovable property. The execution court had earlier executed a decre…

The appellants filed a suit for declaration of ownership of a share in land and an injunction. The defendants filed a counter‑claim asserting title under a Will dated 18‑May‑1995, which the trial judge dismissed as barred by Order 2, Rule 2 of the CPC because the plea had not been raised in the earlier suit. The High C…

The respondent obtained a decree for possession of a suit property in 1990, which was later enforced through execution proceedings in 2004. The appellant, after the execution commenced, filed a suit for specific performance of an alleged oral agreement and sought an injunction to stay the eviction. The High Court set a…

Fairgrowth Investments Ltd. was notified under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 and filed a petition of objection under Section 4(2) more than 30 days after the notification. The Special Court rejected the petition on the ground of limitation. The Supreme Court exa…

The Supreme Court examined a review order that had set aside a High Court revision upholding an execution application concerning an injunction decree. The review petition, filed by the judgment debtors, sought to overturn the revision on the ground of limitation but did not point out any error apparent on the face of t…

Modi Industries Ltd. (the appellant) operated a manufacturing unit where a dispute between management and trade unions led to a halt in production from 21 December 1990 to 3 March 1991. The company refused to pay wages for this period, prompting the Additional Labour Commissioner to issue a notice under Section 3 of th…

The appellants, landlords, sought to evict the respondent tenant under Clause 13 of the C.P. & Berar Letting of Houses and Rent Control Order, 1949, but the tenant had surrendered the lease by mutual compromise and arbitration agreements. The Supreme Court held that Clause 13 restricts only the landlord’s right to term…

Essar Steel deposited roughly Rs 35 crore and Rs 47 crore as refundable security deposits with Essar House Private and Essar Services respectively. After Essar Steel entered corporate insolvency resolution, the resolution applicant Arcelor Mittal Nippon Steel (Arcellor) sought repayment of those deposits and filed Sect…

Abdul Khuddus, a statutory tenant under the Karnataka Rent Control Act, was evicted when the Bangalore City Corporation demolished the dilapidated building under Section 322 of the Karnataka Municipal Corporations Act. The tenant filed suits for injunction, possession and damages, which the High Court allowed, holding …

Arcelor Mittel Nipp​on Steel India Ltd. and Essar Bulk Terminal Ltd. entered into a cargo‑handling agreement containing an arbitration clause. The appellant invoked the clause, the respondent claimed the dispute was non‑arbitrable and filed Section 9 applications for interim relief in the Commercial Court. While the Hi…

The Municipal Corporation of Thane claimed that Vidyut Metallics Ltd. had underpaid octroi by paying 0.5% under Item 71 of the Maharashtra Municipalities (Octroi) Rules, 1974, instead of 1% under Item 77, and demanded the difference. The company had paid 1% from 1968‑1974, later corrected its classification of stainles…

The tenants sought relief under Order VI Rule 17 of the CPC, arguing that the landlord had not served a notice under Section 106 of the Transfer of Property Act before filing an eviction suit. A single judge of the Rajasthan High Court allowed the plea, relying on Prakash Mal v. Jaswant Raj Soni, which held that a noti…

The Supreme Court examined a civil revision order passed by the Madhya Pradesh High Court under Section 115 of the Code of Civil Procedure, 1908, which was decided after hearing only the applicant’s counsel and without issuing any notice to the appellant. A review petition highlighting the lack of notice was also dismi…

R.K. Sharma sued the State of Assam and two police officers for malicious prosecution, seeking pecuniary damages for rice and paddy seized and non‑pecuniary damages for pain and reputation. The trial court dismissed the suit; the Gauhati High Court allowed pecuniary damages but denied non‑pecuniary damages, finding no …

The Tulsi Co‑operative Housing Society had agreed to buy 24 acres of land but the State of Andhra Pradesh, under the Land Acquisition Act, 1894, acquired 18.03 acres for a HUDCO housing project, invoking the urgency clause and dispensing with a Section 5A enquiry. The Society and the landowner challenged the acquisitio…

The appellant filed a suit in 1980 for recovery of a sum of money; the High Court decreed the suit ex‑parte on 8 March 1982, but the formal decree was only drawn up and signed on 9 August 1983. An execution petition filed in 1995 was allowed, but the High Court division bench later set aside the execution order on the …

The State Trading Corporation (STC) entered into a contract to supply basmati rice to Abu Dhabi Municipality and, concurrently, a back‑to‑back agreement with Jainsons Clothing Corporation requiring Jainsons to supply a portion of the rice and to furnish an irrevocable bank guarantee. After STC cancelled the export cont…

The appellant, Ajmera Shyam, challenged the election of Smt. Kova Laxmi, alleging that she failed to disclose income shown in her income‑tax returns for four financial years in the Form 26 affidavit, marking it as “Nil”. The High Court dismissed the election petition, holding that the omission was not a substantial def…

The appellants and respondents, both claiming to be trustees of a charitable trust, were involved in a dispute that led the respondents to file a suit for perpetual injunction. The trial court dismissed the suit under Section 92 of the CPC, prompting an appeal during which the parties agreed to arbitration and later ac…

The Supreme Court examined a petition that arose from a letter alleging mismanagement, corruption and maladministration in the Guruvayur Temple, which the Kerala High Court had treated as a public‑interest litigation (PIL) and responded by appointing a Commissioner to conduct a wide‑ranging enquiry. The Court held that…

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

The plaintiff, Satya Gupta, sued for partition of a house that had been purchased by her late husband Battu Mal in the joint names of himself and the plaintiff, alleging that half of the property belonged to her. The trial court held that the plaintiff had not shown how the claim arose but nevertheless found that Battu…

The petitioner had agreed to purchase a house from the first respondent, Dwarka Prasad Mathur, and paid the consideration. Before taking possession, the second respondent obtained a decree of specific performance in a separate suit, which the petitioner challenged in suit 121‑A of 1984 on the ground of fraud. Both resp…

Sharadchandra Ganesh Muley, a landowner, challenged a notification under section 4(1) of the Land Acquisition Act, 1894. After the Bombay High Court dismissed his first writ petition in 1992, the Land Acquisition Officer made an award on March 30, 1994. Muley appealed, contending that the award was beyond the two‑year …

In a transfer petition filed by the wife seeking to transfer her pending divorce petition, the court directed the parties to attempt reconciliation. The husband and wife settled their differences and the wife agreed to join her husband within two years after resolving her property issues in another city. The court cons…

The petitioners, who had earlier entered into a sale agreement with the cooperative society and executed a power of attorney (PoA) that was later cancelled, filed a suit for permanent injunction which was dismissed by the trial court and affirmed by the first appellate court. The High Court, on remand, dismissed the se…

The appellant, Pandurangan, purchased a property from Hussain Babu, who had earlier bought it from Jayam Ammal. He later discovered that Defendant No. 1, claiming co‑ownership, had obtained an ex‑parte decree in a 1996 partition suit that the appellant alleged was collusive and fraudulently obtained. The appellant file…

The appellant, Dhanasingh Prabhu, advanced a loan of Rs.21 lakh to the respondents who were partners of the partnership firm “Mouriya Coirs”. The respondents issued a cheque in the name of the firm which was dishonoured, prompting the appellant to serve a statutory notice under Section 138 of the Negotiable Instruments…

The plaintiffs filed a title suit in 1984 which was dismissed by the trial court but later allowed by the first appellate court. The defendants appealed, and the High Court set aside the first appellate court's decree, holding that several defendants had died during the pendency of the first appeal and their legal heir…

The appellant, Arjun Panditrao Khotkar, was elected to the Maharashtra Legislative Assembly but his election was challenged on the ground that two of his nomination papers were filed after the statutory deadline. The High Court relied on video recordings of the Returning Officer's office, produced by the Election Commi…

Kirpal Kaur filed a partition suit seeking her late husband's share in a Delhi building (schedule ‘B’ property). The trial court and the Delhi High Court held the property to be self‑acquired by her father‑in‑law and denied her any share. On appeal, the Supreme Court examined the evidence, including the father‑in‑law’s…

The plaintiff filed a suit for recovery of money based on a promissory note. The defendant contended that he had discharged the debt by making payments evidenced by receipts (Exhibits B‑1 to B‑12) issued to the plaintiff’s son, who was later examined as a witness and denied his signatures on those receipts. The defenda…

The respondents filed a summary suit under Order XXXVII of the CPC seeking recovery of Rs. 1,04,16,576 and later submitted a memo under Rule 3(6)(b) asking the trial court to decree the suit. The trial court rejected the memo, but the Karnataka High Court set aside that order and directed the trial court to accept the …

The Union of India filed a money suit of over Rs 8.73 crore in a Commercial Court in August 2019 without first complying with the pre‑institution mediation requirement of Section 12A of the Commercial Courts Act, 2015. The defendant, Dhanbad Fuels Pvt. Ltd., raised a preliminary objection and sought rejection of the pl…

The appellant, a judgment debtor, had a decree for Rs.27,694 reduced on appeal to Rs.17,120, but before the variation the decree was executed and three of his properties were auctioned, the proceeds of which were purchased by the decree holder and later sold to a third party. The appellant filed an application under Se…

The plaintiff filed a suit in 1964 seeking declaration of title and possession of agricultural land based on a will executed by Ajuddhibai. The trial court upheld the will, rejected alleged sale deeds and granted possession to the plaintiff. The defendants appealed, and the High Court reversed the decision, also reject…

The appellant, Speedline Agencies, occupied a building and land leased from United Coffee Supply Co. Ltd., later renamed Stanes Tea and Coffee Ltd., for over four decades. The landlord filed a petition under sections 10(3)(a)(i) and (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 seeking eviction f…

The appellants' husband was robbed and thrown from a moving train in 1998, resulting in his death. The appellants filed a claim for compensation before the Railway Claims Tribunal, which awarded Rs.4 lakh in 2007 but granted interest only in case of default. The appellants appealed, arguing that interest should accrue …

The appellants and respondents, who were neighbours, disputed the status of an 80‑yard passage. The original suit for perpetual injunction ended in a compromise decree that allegedly granted the appellants exclusive rights over the passage, which was shown as a public road in municipal plans. The appellants later sued …

Arjan Singh filed a suit for specific performance of a contract concerning a Chandigarh property and obtained an interim injunction that was extended up to 16 October 1996. A second suit was filed by Sanjeev Sharma against the same owner, Dr. Bawa, and the parties entered into a compromise on 19 February 2003, resultin…

The appellant, Rajkumar Gurwara (deceased) thr. LRs, filed a suit seeking a declaration of his exclusive right to mine a parcel of land. After the evidence was closed, the second defendant, M/s S.K. Sarwagi & Co. Pvt. Ltd., was impleaded, and the appellant then applied under Order VI Rule 17 of the CPC for amendment of…

The appellant, Rabindra Singh, who had been residing in the United States for over 25 years, was decreed ex‑parte in a partition suit filed by his brother without ever being served notice, despite the plaintiff’s knowledge of his correct address. He filed an application under Order IX Rule 13 read with Section 151 CPC …

The plaintiff filed a suit for specific performance of an agreement to sell a Shimla property after the vendor failed to execute the sale deed. During the trial, the vendor's counsel was absent because they were engaged in a High Court matter, and no representation of their absence was made to the District Judge. After…

The widowed wife and children of the deceased Murlidhar Hemdev claimed a right to specific plots in a Thane development, alleging that a registered rectification deed admitted their title and that a release deed dated 27‑03‑1979 was forged. The builder, having obtained sale agreements from various partners, argued he w…

ICICI filed an application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 seeking recovery of about Rs 36.5 crore from Grapco Industries Ltd. and others. The Debts Recovery Tribunal, on the same day, issued an ex‑parte injunction restraining the respondents from alienating h…

Sukanya Holdings Pvt. Ltd. and J.H. Pandya entered into a partnership agreement that contained an arbitration clause. After the partnership fell into dispute, the respondent filed a suit for dissolution, accounts and other reliefs, including claims against purchasers of flats who were not parties to the partnership. Th…