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Code of Civil Procedure, 1908

4176 judgments · newest first · showing 1401–1600

KERALA STATE ELECTRICITY BOARD LTD. & ANRversusRUBFILA INTERNATIONAL LIMITED & ORS.

2022 INSC 1203Appeal(s) allowed

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 …

BANK OF RAJASTHAN LTD.versusVCK SHARES & STOCK BROKING SERVICES LTD.

2022 INSC 1193Dismissed

Bank of Rajasthan Ltd. (now part of ICICI Bank) granted a term loan and overdraft facility to VCK Shares & Stock Broking Services Ltd., which defaulted. The bank sought recovery of the debt before the Debts Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions …

MARINGMEI ACHAMversusM MARINGMET KHURIPOU

2022 INSC 1160Appeal(s) allowed

The appellant's father filed a declaratory suit in 2014 claiming hereditary chiefship of Lamdan Kabui village and sought a temporary injunction. He died during the pendency of a civil miscellaneous appeal against the trial court's refusal of the injunction. The appellant applied to be recognized as …

S. RAMACHANDRA RAOversusS. NAGABHUSHANA RAO & ORS.

2022 INSC 1114Appeal(s) allowed

The appellant, S. Ramachandra Rao, sought to have his wife—who held a General Power of Attorney (GPA) for him and was also an enrolled advocate—appear in several civil suits as his GPA holder. The Trial Court allowed her to act in that capacity, but the High Court later set aside those orders and …

BSES RAJDHANI POWER LTD.versusDELHI ELECTRICITY REGULATORY COMMISSION

2022 INSC 1105Appeal(s) allowed

BSES Rajdhani Power Ltd. and BSES Yamuna Power Ltd., distribution licensees in Delhi, challenged the Delhi Electricity Regulatory Commission’s (DERC) tariff orders that altered the methodology for computing AT&C losses, depreciation, FR/SR salaries, fringe benefit tax, and interest on consumer …

KAPIL KUMARversusRAJ KUMAR

2022 INSC 1094Appeal(s) allowed

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 …

MAHESH GOVINDJI TRIVEDIversusBAKUL MAGANLAL VYAS & ORS.

2022 INSC 1072Appeal(s) allowed

The appellant, a defendant in a 2004 suit for specific performance, filed a counter‑claim on 7 September 2018, well after his written statement but before the suit's issues were framed. The Single Judge of the Bombay High Court allowed the counter‑claim on 2 May 2019 to avoid multiplicity of …

C.S. RAMASWAMYversusV. K. SENTHIL & ORS

2022 INSC 1046Appeal(s) allowed

The plaintiffs filed suits in 2015‑2016 to cancel sale deeds executed in 2005, alleging fraud. The defendant moved to reject the plaints under Order VII Rule 11(d) of the CPC, contending the suits were barred by the 10‑year limitation period. The trial court and High Court refused to reject the …

SANGHI INDUSTRIES LIMITEDversusRAVIN CABLES LTD., AND ANR

2022 INSC 1050Appeal(s) allowed

Sanghi Industries Ltd invoked performance bank guarantees issued by Ravin Cables Ltd in respect of three purchase orders and subsequently commenced arbitration. Ravin Cables filed two applications under Section 9 of the Arbitration and Conciliation Act, 1996 before Commercial Courts seeking to …

SUKHBIRI DEVI & ORSversusUNION OF INDIA & ORS.

2022 INSC 1037Dismissed

The appellants filed a declaratory suit challenging a relinquishment deed and were dismissed by the trial court on a preliminary issue of limitation, a decision affirmed by the first appellate court and the Delhi High Court. They contended that the limitation period should be extended to twelve …

M/S PRIME PROPERTIESversusSANA LAKSHMI DEVI (DIED) THROUGH HER LRS. & ORS.

2022 INSC 1041Disposed off

The case involved a series of civil suits filed in 2001 that had been repeatedly amended and impleaded, leading to a long pendency. The plaintiff sought to file a rejoinder after the defendants had filed written statements, but the trial court initially rejected the application, later allowing it on …

K. MADAN MOHAN RAOversusBHEEMRAO BASWANTHRAO PATIL & ORS.

2022 INSC 1025Appeal(s) allowed

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

M/S. DAIICHI SANKYO COMPANY LIMITEDversusOSCAR INVESTMENTS LIMITED & ORS.

2022 INSC 994Directions issued

Daiichi Sankyo Co. Ltd sought enforcement of a Singapore arbitral award of about INR 2,562 crore against 20 respondents, including Oscar Investments Ltd and the Singh brothers. The Supreme Court examined whether the Singh brothers (contemnors 9 and 10) had willfully violated multiple orders and …

HINDUSTAN PETROLEUM CORPORATION LTD.versusAJAY BHATIA

2022 INSC 1005Appeal(s) allowed

Hindustan Petroleum Corporation Ltd. (the appellant) owned two adjacent plots, 4/4 and 4/5, in Azadpur, Delhi, and operated petrol stations on both. Ajay Bhatia (the respondent) filed a suit seeking possession and mesne profits for Plot 4/4 after the lease expired in 2003. The trial court decreed …

CHANDRABHAN (DECEASED) THROUGH LRS. & ORS.versusSARASWATI & ORS.

2022 INSC 997Appeal(s) allowed

The appellant, Chandrabhan, was adopted by his paternal uncle Baliram at age 14 under customary rites. After Baliram's death, Chandrabhan claimed ownership of the uncle's property, which his first wife Champabai was later gifted. Chandrabhan filed a suit for declaration of ownership; the trial court …

SEPCO ELECTRIC POWER CONSTRUCTION CORPORATIONversusPOWER MECH PROJECTS LTD.

2022 INSC 981Dismissed

The appellant SEPCO Electric Power Construction Corp. obtained an arbitral award of Rs 142 crore in favour of the respondent Power Mech Projects Ltd. The appellant filed a Section 34 challenge and, on the same day, a Section 36(2) application for a stay of the award. The respondent subsequently …

ESSAR HOUSE PRIVATE LIMITEDversusARCELLOR MITTAL NIPPON STEEL INDIA LIMITED

2022 INSC 957Dismissed

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 …

M/S. SHIVALI ENTERPRISESversusSMT. GODAWARI (DECEASED) THR. LRS. AND OTHERS

2022 INSC 952Appeal(s) allowed

M/S. Shivali Enterprises entered into an agreement to sell land to the respondents, receiving Rs.1,50,000 of the Rs.1,65,000 purchase price and taking possession, while the respondents were required to obtain an Income‑Tax Clearance certificate and have the revenue records mutated before execution …

GULF OIL CORPORATION LTD.versusTHE STATE OF TELANGANA & ORS.

2022 INSC 953Disposed off

The case concerned a lease of 540 acres of land granted by the Sri Udasin Mutt, a charitable religious institution, to Gulf Oil Corporation Ltd. The State of Telangana sought eviction on the ground that the land is agricultural and, under Section 82 of the Telangana Charitable and Hindu Religious …

YASHODA (ALIAS SODHAN)versusSUKHWINDER SINGH AND OTHERS

2022 INSC 946Appeal(s) allowed

The plaintiff filed a suit for specific performance of an alleged 1993 agreement to sell land, after an earlier suit for declaration was withdrawn without liberty to re‑file. The plaintiff’s plaint stated that no litigation was pending concerning the agreement, while the earlier suit and its …

G.N.R. BABU @ S.N. BABUversusDR. B.C. MUTHAPPA & ORS.

2022 INSC 931Case Partly allowed

The first respondent filed a suit for declaration of ownership of a property and demolition of a structure erected by the appellant. The trial court proceeded ex parte against the appellant, deeming him to have been served, and passed a decree. The appellant appealed under Section 96 of the CPC, …

INDIAN OIL CORPORATION LTD.versusSUDERA REALTY PRIVATE LIMITED

2022 INSC 928Dismissed

The Supreme Court examined a dispute between Indian Oil Corporation Ltd. (appellant) and Sudera Realty Private Ltd. (respondent) over a lease of three floors in a Kolkata building. It held that the 1968 agreement and the 1969 supplementary deed constituted a valid 21‑year lease, with possession of …

PUSHPALATAversusVIJAY KUMAR (DEAD) THR. LRS. & ORS.

2022 INSC 910Appeal(s) allowed

The father, Laxmi Prasad, the karta of a Hindu Undivided Family, bought several parcels of land using his own funds but registered them in the names of his minor sons, Vijay Kumar and Rajendra Kumar. The sons later sold one of the parcels, prompting the father’s widow and daughters to sue for …

M/S. JAGAN SINGH & CO.versusLUDHIANA IMPROVEMENT TRUST & ORS.

2022 INSC 899Appeal(s) allowed

The Ludhiana Improvement Trust acquired land from several owners but failed to pay the compensation awarded by the Land Acquisition Tribunal. The owners filed execution proceedings, leading to the attachment and auction of the property to M/s. Jagan Singh & Co. for Rs. 22.65 lakhs in 1992. The Trust …

LIFE INSURANCE CORPORATION OF INDIAversusSANJEEV BUILDERS PRIVATE LIMITED & ANR.

2022 INSC 896Dismissed

The appellant (LIC) challenged the High Court’s order allowing the respondents (Sanjeev Builders and another) to amend their plaint in a suit for specific performance, seeking a higher quantum of damages. The appellant argued that the amendment was barred by Order II Rule 2 of the CPC and the …

S. MADHUSUDHAN REDDYversusV. NARAYANA REDDY AND OTHERS

2022 INSC 846Appeal(s) allowed

The Supreme Court examined two successive review petitions filed by the respondents seeking to overturn a High Court judgment that upheld the surrender of protected tenancy rights in 1967. The Court held that the respondents had ample opportunities to produce the certified revenue records earlier …

SATYENDER AND ORS.versusSAROJ AND ORS

2022 INSC 839Disposed off

The plaintiffs (respondents) sued for declaration and possession of agricultural land, alleging the defendants were tenants who sub‑let the property. The defendants denied tenancy and filed a counter‑claim for two other plots. The trial court dismissed the suit but allowed the counter‑claim; the …

SAU RAJANIversusSAU SMITA & ANR

2022 INSC 805Appeal(s) allowed

S. Rajani, the appellant, owned a residential tenement and alleged that S. Smita, the first respondent, had constructed illegal rooms on an open vacant site in the same building, infringing Rajani's easements of light, air, privacy and water supply. Rajani filed a regular civil suit seeking removal …

RUCHI RAWATversusPRINCIPAL JUDGE, FAMILY COURT ETAH & ANR.

2022 INSC 1314Appeal(s) allowed

Ruchi Rawat, the appellant-wife, filed an application seeking transfer of a matrimonial suit (Original Suit No.23 of 2018) filed by her husband under Section 13 of the Hindu Marriage Act, from the Family Court in Etah to the Family Court in Mathura. She argued that she had no income, lived with her …

SAKHARAM SINCE DECEASED THROUGH LRS & ANR.versusKISHANRAO

2022 INSC 1312Appeal(s) allowed

Two sons of Tukaram filed a suit for declaration and possession of immovable property against two sons of Gangaram, with their mother as a proforma defendant. The suit was dismissed, but the first appeal reversed the decision in favor of the plaintiffs. The defendants filed a second appeal, during …

SHABBIR MOHAMMAD SAYEDversusMRS. NOOR JEHAN MUSHTER SHAIKH & ORS.

2022 INSC 784Dismissed

The plaintiff obtained a decree declaring her as tenant of a premises in Mumbai and ordered the landlord to hand over possession. The appellant, Shabbir Mohammad Sayed, claimed he had acquired leasehold rights from the alleged lawful tenant and also from the landlord on 24 January 2014, and sought …

EIH LIMITEDversusNADIAVIRJI

2022 INSC 774Dismissed

The landlord (EIH Ltd.) and tenant (Nadia A. Virji) entered into a tenancy agreement for a commercial showroom with a fixed rent of Rs 10,000 per month, while the tenant also agreed to pay municipal taxes separately. The landlord terminated the tenancy under Section 106 of the Transfer of Property …

AJAY KUMAR PANDEY & ORS.versusSTATE OF U.P. & ORS.

2022 INSC 776Disposed off

The State of Uttar Pradesh issued a Government Order (G.O.) on 7 May 1999 identifying certain posts for reservation for persons with disabilities, reserving some posts for hearing‑impaired candidates but not for those with locomotor disability. In a recruitment for 1,651 Safai‑Karmis posts, three …

M/S BHAGWANDAS B. RAMCHANDANIversusBRITISH AIRWAYS

2022 INSC 768Dismissed

The appellant, a cargo importer, claimed damages from British Airways for loss of perishable goods shipped from Mumbai to Canada, filing suit in 2012. The trial court held the claim was not time‑barred, but the Bombay High Court dismissed it, holding that the two‑year limitation under Rule 30 of the …

SUNIL SIKRIversusGURU HARKRISHAN PUBLIC SCHOOL & ANR.

2022 INSC 764Dismissed

The appeal concerned Sunil Sikri, a former teacher of Guru Harkrishan Public School, who challenged a Tribunal order directing his reinstatement with 50% back wages. The key issues were whether Sections 8 and 11 of the Delhi School Education Act, 1973 empower the Tribunal to award back wages, …

R. KRSNA MURTIIversusR. R. JAGADESAN

2022 INSC 741Appeal(s) allowed

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 …

N.C.V. AISHWARYAversusA.S. SARAVANA KARTHIK SHA

2022 INSC 1310Appeal(s) allowed

The appellant, a 21‑year‑old wife residing in Chennai, sought the transfer of her husband’s petition for annulment of marriage filed in the Family Court at Vellore to the Family Court at Chennai under Section 24 of the Code of Civil Procedure. She also had two other matrimonial petitions – …

ASIAN HOTELS (NORTH) LTD.versusALOK KUMAR LODHA & ORS

2022 INSC 713Appeal(s) allowed

Asian Hotels (North) Ltd., the licensor, granted individual shop licenses to various shopkeepers, including the respondents, and later revoked those licenses. The respondents filed suits seeking a declaration that their licenses were irrevocable and perpetual. While the suits were pending, they …

FAROOQI BEGUM (D) BY LRS.versusTHE STATE OF UTTAR PRADESH

2022 INSC 707Appeal(s) allowed

The State of Uttar Pradesh sued Farooqi Begum for declaration, possession and mesne profits of a 20‑bigha land that was claimed to be a government grove. The land had been granted rent‑free to Begum in 1924 by the Nawab of Rampur, but the successor allegedly resumed the grant in 1930 and the State …

HEMANTHA KUMARversusR. MAHADEVAIAH & ORS.

2022 INSC 694Appeal(s) allowed

The plaintiff filed a suit for specific performance of a sale agreement and, together with defendants 1 and 2, applied under Order XXIII Rule 3 of the CPC for a consent decree, stating that the dispute was settled and the full consideration had been paid. The trial court referred the matter to a Lok …

MOHAMED ALIversusV. JAYA & ORS.

2022 INSC 696Appeal(s) allowed

Mohamed Ali sued for specific performance of a sale agreement. The trial court passed an ex‑parte judgment and decree in 2012. The defendants filed applications to set aside the decree after delays of 1,522 days (defendant 1) and 2,345 days (defendants 2‑4); the trial court refused to condone these …

ASHA RANI GUPTAversusSRI VINEET KUMAR

2022 INSC 684Appeal(s) allowed

Asha Rani Gupta, the plaintiff‑lessor, filed an eviction suit against Sri Vineet Kumar, the defendant‑lessee, for non‑payment of rent and damages. The trial court struck off the defendant’s defence under Order XV Rule 5 of the CPC for failing to deposit the admitted rent, a decision affirmed by the …

HSBC PI HOLDINGS (MAURITIUS) LIMITEDversusPRADEEP SHANTIPERSHAD JAIN & ORS

2022 INSC 685Directions issued

HSBC PI Holdings (Mauritius) Ltd. invested USD 60 million in Avitel, a company owned by the respondents. The Supreme Court, affirming a 2014 order, directed the respondents to maintain a USD 60 million balance in a Corporation Bank account. The respondents failed to comply, repeatedly sought …

DELHI DEVELOPMENT AUTHORITYversusDIWAN CHAND ANAND & ORS

2022 INSC 668Appeal(s) allowed

The Delhi Development Authority (DDA) appealed a trial court decree that declared land acquisition notifications void and restrained DDA from dispossessing co‑owners of the land. The High Court dismissed the appeal as abated because several respondents had died and their legal representatives were …

NANDA DULAL PRADHAN & ANR.versusDIBAKAR PRADHAN & ANR.

2022 INSC 681Case Partly allowed

The plaintiff filed a suit for declaration and title, and the original defendants 2 and 3 failed to file a written statement despite several extensions, leading the trial court to pass an ex‑parte decree. The defendants applied under Order IX Rule 13 of the CPC to set aside the decree; the trial …

KARAN KAPOORversusMADHURI KUMAR

2022 INSC 661Appeal(s) allowed

The appellant, Karan Kapoor, was a tenant of a residential property owned by the respondent, Madhuri Kumar, under lease agreements from 2011 to 2014. After the lease expired, the appellant stopped paying rent and the respondent filed a suit for possession, rent, and mesne profits. The appellant …

BHARAT BHUSHAN GUPTAversusPRATAP NARAIN VERMA & ANR

2022 INSC 649Appeal(s) allowed

The plaintiff filed a suit for mandatory and prohibitory injunction, together with damages, to evict licensees from his plot. The defendant challenged the suit's pecuniary jurisdiction, arguing that the valuation should be based on the market value of the property (Rs. 1.8 crore) rather than the …

SOMAKKA (DEAD) BY LRSversusK.P. BASAVARAJ (DEAD) BY LRS

2022 INSC 642Appeal(s) allowed

The appellant, sister of the respondent, filed a suit for partition of ancestral lands (items 1 and 2 of Schedule ‘A’) and a self‑acquired land (item 3 of Schedule ‘A’) claiming a one‑fourth share in the former and a one‑half share in the latter. The trial court granted these shares and ordered …

KATTUKANDI EDATHIL KRISHNAN & ANR.versusKATTUKANDI EDATHIL VALSAN & ORS.

2022 INSC 643Appeal(s) allowed

The plaintiffs filed a partition suit claiming a half‑share in the coparcenary property of the Kattukandi Edathil family, asserting that the first plaintiff was the legitimate son of Damodaran and Chiruthakutty. The defendants denied that a marriage existed between Damodaran and Chiruthakutty and …

CANARA BANKversusG S JAYARAMA

2022 INSC 597Disposed off

The appeal concerned an award of a Permanent Lok Adalat (PLA) that had granted Canara Bank repayment of a loan from G S Jayarama without any recorded conciliation. The High Court had set aside the award, holding that the PLA lacked adjudicatory power and had bypassed mandatory conciliation steps. …

K. SRINIVASAPPA & ORS.versusM. MALLAMMA & ORS.

2022 INSC 587Appeal(s) allowed

The parties to a partition suit entered into a compromise that was recorded by a Lok Adalat on 7 July 2012, which under Section 21 of the Legal Services Authorities Act, 1987 is deemed a decree of a civil court. Plaintiffs 4‑6 later alleged that their signatures were obtained by fraud and filed writ …

SUDHIR RANJAN PATRA (DEAD) THR. LRS. & ANR.versusHIMANSU SEKHAR SRICHANDAN & ORS.

2022 INSC 579Appeal(s) allowed

The plaintiff filed a suit for declaration and injunction, but defendants 2 and 3 failed to file a written statement and were held ex-parte. They later filed a petition under Order IX Rule 13 of the CPC seeking condonation of delay, setting aside the ex-parte decree, and permission to file a written …

SATHYANATH & ANR.versusSAROJAMANI

2022 INSC 529Appeal(s) allowed

The appellants filed a suit for declaration of ownership of property against the respondent. The respondent sought to frame several preliminary issues, including whether the suit was barred by res judicata, under Order XIV Rule 2(2) of the CPC. The trial court dismissed the application, but the High …

SWADESH KUMAR AGARWALversusDINESH KUMAR AGARWAL & ORS, ETC., ETC.

2022 INSC 517Disposed off

The parties, who were family members, referred their property dispute to a sole arbitrator appointed by mutual consent without any written arbitration agreement. The arbitrator was later alleged to have delayed the proceedings, leading respondents to file applications under section 14(1)(a) of the …

EASTERN COALFIELDS LIMITED & ORS.versusRABINDRA KUMAR BHARTI

2022 INSC 405Appeal(s) allowed

The respondent, a clerk, was suspended and later dismissed by Eastern Coalfields Ltd. on a complaint that he demanded a bribe to clear retirement formalities, leading to a criminal case under the Prevention of Corruption Act, 1988. The employer initiated departmental proceedings, which the …

MEKHA RAM AND OTHERS ETC. ETC.versusSTATE OF RAJASTHAN AND OTHERS ETC. ETC.

2022 INSC 360Disposed off

The appellants, employees of the Rajasthan Medical & Health Subordinate Service, applied for a three‑year General Nursing Training as in‑service candidates and sought to have their study leave treated as deputation. A Single Judge of the Rajasthan High Court allowed the petitions, directing the …

SARANPAL KAUR ANANDversusPRADUMAN SINGH CHANDHOK AND OTHERS

2022 INSC 347Directions issued

Saranpal Kaur Anand filed a suit in 2012 seeking a declaration that a 1969 sale deed and a 1995 deed were void, and an injunction against the defendants. The defendants moved to reject the plaint on the ground of limitation under Order VII Rule 11(d). The Delhi High Court Single Judge framed a …

PREMLATA @ SUNITAversusNASEEB BEE & ORS.

2022 INSC 335Appeal(s) allowed

The plaintiff initially approached the Revenue Authority under Section 250 of the Madhya Pradesh Land Revenue Code (MPLRC) seeking relief, but the respondents objected that the authority lacked jurisdiction because the dispute concerned title, leading the Tehsildar to dismiss the application. While …

STATE OF PUNJAB AND OTHERSversusDEV BRAT SHARMA

2022 INSC 316Appeal(s) allowed

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 …

SHYAM SEL AND POWER LIMITED ANDversusSHYAM STEEL INDUSTRIES LIMITED

2022 INSC 303Appeal(s) allowed

The plaintiff, holder of the trademark ‘SHYAM’, sued the appellants for infringement and sought a temporary injunction. The Single Judge of the Calcutta High Court refused an interim injunction, granting the appellants time to file an affidavit and postponing the matter. The plaintiff appealed this …

SRI BISWANATH BANIK & ANR.versusSMT. SULANGA BOSE & ORS.

2022 INSC 300Appeal(s) allowed

The plaintiffs filed a title suit seeking a declaration under Section 53A of the Transfer of Property Act, a permanent injunction and related reliefs, alleging continuous possession of the property for over twelve years. The defendants moved an application under Order VII Rule 11 of the CPC to have …

HARDIAL SINGHversusBALBIR KAUR & ANR.

2022 INSC 291Appeal(s) allowed

The plaintiffs filed a suit seeking declaration of title and injunction based on a will dated 19 April 1998 of the deceased Sucha Singh. The trial court upheld the will, but the first appellate court reversed, finding the will forged and upholding a later will executed by the mother. The plaintiffs …

NARENDRA HIRAWAT AND CO.versusSHOLAY MEDIA ENTERTAINMENT PVT. LTD. & ANR.

2022 INSC 268Directions issued

The appellant, Narendra Hirawat & Co. (NHC), entered into film‑licence agreements with Sholay Media Entertainment (SME) for a total consideration of Rs 20 crore, later amended by addenda and a Deed of Settlement dated 03‑12‑2018 requiring NHC to pay Rs 8.71 crore in four tranches. Disputes arose …

RAJBIRversusSURAJ BHAN & ANR

2022 INSC 247Appeal(s) allowed

The appellant, Rajbir, entered into a sale agreement which later resulted in a suit for specific performance. The trial court decreed that the respondents, Suraj Bhan and others, must execute a sale deed in favour of the appellant and deposit the balance consideration. The respondents filed an …

NKGSB COOPERATIVE BANK LIMITEDversusSUBIR CHAKRAVARTY & ORS.

2022 INSC 238Disposed off

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

HEERA TRADERSversusKAMLA JAIN

2022 INSC 219Case Partly allowed

Heera Traders and another appealed against a decree of eviction passed by the trial court under the Madhya Pradesh Accommodation Control Act, 1961. The landlord, Kamla Jain, sought possession of non‑residential premises and mesne profits, while the tenants argued that Section 13 of the Act, which …

AZGAR BARID (D) BY LRS.versusMAZAMBI @ PYAREMABI AND OTHERS

2022 INSC 210Dismissed

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 …

PRAKASH CORPORATESversusDEE VEE PROJECTS LIMITED

2022 INSC 180Appeal(s) allowed

Prakash Corporates filed a money suit against Dee Vee Projects Limited on 21‑12‑2020. The defendant failed to file a written statement within the 30‑day period and sought extensions, which were granted up to 15‑04‑2021, but the 120‑day deadline fell on 06‑05‑2021. The trial court and the High Court …

B. R. PATILversusTULSA Y. SAWKAR & ORS.

2022 INSC 165Dismissed

The appeal concerned a partition suit filed by the sisters of the deceased R.M. Patil seeking one‑fifth shares in five properties alleged to be self‑acquired by him. The appellant argued that the suit should fail for non‑joinder of his uncle, for omission of certain properties, and on the ground of …

M/S. SREE SURYA DEVELOPERS AND PROMOTERSversusN. SAILESH PRASAD AND ORS.

2022 INSC 167Appeal(s) allowed

The dispute arose from a property gifted to the plaintiff during minority, later revoked, and a development agreement executed with the developer. The plaintiff's father obtained a compromise decree in 2015 granting the plaintiff rights over the property. After attaining majority, the plaintiff …

AJANTA LLPversusCASIO KEISANKI KABUSHIKI KAISHA D/B/A CASIO COMPUTER CO. LTD.

2022 INSC 151Dismissed

The appellant Ajanta LLP sued Casio for alleged infringement of its registered design on a scientific calculator marketed as ORPAT FX‑991ES PLUS. The parties mediated and entered into a settlement agreement on 16 May 2019, which the High Court incorporated into a decree on 3 July 2019. The appellant …

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA)versusYUNUS & ORS.

2022 INSC 142Appeal(s) allowed

The dispute arose from a land acquisition notification where the original compensation award was Rs.24,033 per bigha. The respondents did not file an application under Section 18 of the Land Acquisition Act, but later a reference was made and a Lok Adalat, under Section 20 of the Legal Services …

N. RAJENDRANversusS. VALLI

2022 INSC 140Disposed off

The husband (appellant) filed for divorce on the ground of cruelty after his wife (respondent) left him and returned to her parental home. The Family Court granted the decree of dissolution, but the wife appealed to the High Court under Section 19 of the Family Courts Act; the appeal was filed on …

JOGI RAMversusSURESH KUMAR & ORS

2022 INSC 131Appeal(s) allowed

The case concerned a Will dated 15 April 1968 in which Tulsi Ram bequeathed half of his self‑acquired property to his second wife, Ram Devi, as a limited life interest, with the remainder to pass to his son, Jogi Ram, after her death. The question was whether Ram Devi’s interest became an absolute …

M/S MONGIA REALTY AND BUILDWELL PRIVATE LIMITEDversusMANIK SETHI

2022 INSC 122Appeal(s) allowed

Mongia Realty and Buildwell Pvt. Ltd. (appellant) sued Manik Sethi (respondent) for recovery of alleged business loans, claiming the loans were repayable within one year of the last instalment and that the suit was filed within the limitation period. The respondent denied any loan relationship, …

AMAR NATH (DEAD) THROUGH L.R.versusGIAN CHAND AND ORS.

2022 INSC 106Appeal(s) allowed

The plaintiff, Amar Nath, executed a special power of attorney (PoA) on 28‑01‑1987 in favour of the second defendant to sell his land for Rs.55,000. When the first defendant could not pay, the second defendant allegedly returned the PoA on 02‑02‑1987 and the plaintiff claimed it was cancelled, yet …

K. ARUMUGA VELAIAHversusP.R. RAMASAMY AND ANR.

2022 INSC 103Dismissed

The appellant‑plaintiff, K. Arumuga Velaiyah, claimed a one‑fourth share in ancestral joint family property based on a 1994 will of his grandfather, Periyaiya Servai, and sought partition and separate possession. The lower courts dismissed the suit, holding that a partition had already been effected …

SUNIL KUMAR MAITYversusSTATE BANK OF INDIA AND ANR.

2022 INSC 84Appeal(s) allowed

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 …

ARUNACHALA GOUNDER (DEAD) BY LRS.versusPONNUSAMY AND ORS.

2022 INSC 74Appeal(s) allowed

The appeal concerned a partition suit filed by the daughter of Ramasamy Gounder, who claimed a one‑fifth share in property that was originally purchased by his brother Marappa Gounder in 1938. The lower courts held that Marappa died in 1949, that the property was joint family property and thus …

B. L. KASHYAP AND SONS LTDversusM/S JMS STEELS AND POWER CORPORATION & ANR.

2022 INSC 60Appeal(s) allowed

B.L. Kashyap & Sons Ltd., a steel supplier, filed a summary suit under Order XXXVII of the CPC against a real‑estate firm (defendant No.1) and its contractor JMS Steels & Power Corp. (defendant No.2) for non‑payment of Rs 89,50,244. The trial court denied both defendants leave to defend, holding …

MAMTAZ & ORS.versusGULSUMA ALIAS KULUSUMA

2022 INSC 58Appeal(s) allowed

The appellants filed a suit for declaration and possession, which the trial court decided ex parte. The respondent appealed to the First Appellate Court after a delay of 2 years and 7 months, filed but later withdrew an application for condonation of delay, and the appeal was dismissed on the ground …

SEETHAKATHI TRUST MADRASversusKRISHNAVENI

2022 INSC 48Appeal(s) allowed

The dispute concerned a 0.08‑cent portion of a 120‑acre land parcel in Chengalpattu, where the appellant Seethakathi Trust claimed title based on a series of registered sale deeds dating back to 1963, while the respondent Krishnaveni sought specific performance of an earlier agreement and claimed …

VELAGACHARLA JAYARAM REDDY & ORS.versusM.VENKATA RAMANA & ORS. ETC

2022 INSC 31Dismissed

The dispute concerned a 3.25‑cent plot allotted in 2000 by the Jayanagar Housing Welfare Society, a cooperative society, to a member (defendant No.2, M. V. Ramana). Former office‑bearers of the society, a welfare association and a couple of shop owners (plaintiffs) claimed the plot was earmarked as …

SMALL INDUSTRIES DEVELOPMENT BANK OF INDIAversusM/S. SIBCO INVESTMENT PVT. LTD.

2022 INSC 3Disposed off

The Supreme Court examined whether the Reserve Bank of India's (RBI) communication dated 9 June 1997 to SIDBI was a binding directive under the RBI Act, 1934 and the Banking Regulation Act, 1949, and whether SIDBI was justified in withholding interest on bonds issued by CRB Capital. The Court held …

BRIGADE ENTERPRISES LIMITEDversusANIL KUMAR VIRMANI & ORS.

2021 INSC 918Appeal(s) allowed

The builder, Brigade Enterprises Ltd., appealed against the National Consumer Disputes Redressal Commission’s order permitting 91 purchasers of 51 apartments to file a consumer complaint under Section 35(1)(c) of the Consumer Protection Act, 2019 on behalf of all 1,134 buyers in the residential …

NGAITLANG DHARversusPANNA PRAGATI INFRASTRUCTURE PRIVATE LIMITED & ORS.

2021 INSC 923Appeal(s) allowed

The Supreme Court examined a dispute arising from the corporate insolvency resolution process (CIRP) of Meghalaya Infratech Ltd., where four resolution applicants submitted bids and Ngaitlang Dhar emerged as the highest bidder (H‑1). The losing bidder, Panna Pragati Infrastructure Pvt. Ltd. (PPIPL), …

P. SATYANARAYANAversusNANDYALA RAMA KRISHNA REDDY

2021 INSC 908Dismissed

The respondent-plaintiff filed a suit seeking a declaration of ownership of agricultural land and an interim injunction against the petitioner. The trial court dismissed the interim injunction, but the High Court reversed that order, granting the injunction based on a certificate issued under …

A. MANJUversusPRAJWAL REVANNA @ PRAJWAL R & ORS

2021 INSC 881Appeal(s) allowed

In a 2019 Lok Sabha election for the Hassan constituency, the appellant A. Manju, who finished second, filed an election petition under Section 81 of the Representation of People Act, 1951 alleging that the elected candidate, Prajwal Revanna, had committed corrupt practices by filing a false …

MURTHY & ORS.versusC. SARADAMBAL & ORS.

2021 INSC 862Appeal(s) allowed

The deceased E. Srinivasa Pillai executed a will bequeathing his house to his only son S. Damodaran, excluding his daughters. The will was produced fifteen years after the testator's death by the son’s widow, C. Saradambal, who sought Letters of Administration, while the daughters contested its …

SHRI K. JAYARAM & ORS.versusBANGALORE DEVELOPMENT AUTHORITY & ORS.

2021 INSC 842Dismissed

The appellants, sons of M. Krishna Reddy, claimed that 8 guntas of land in Survey No.13, which they alleged was left out of a 1971 acquisition by the Bangalore Development Authority (BDA), had been illegally allotted to other parties. They filed writ petitions seeking cancellation of those …

SRI LANKAPPA & ORS.versusKARNATAKA INDUSTRIAL CORPORATION & ORS.

2021 INSC 841Appeal(s) allowed

The appellants, owners of agricultural land since 1929, sued for declaration of title and injunction against Karnataka Industrial Corporation (KIC). KIC claimed title based on a 1968 government grant and filed a separate suit for injunction, which was dismissed along with the appellants' suit, the …

BANGALORE DEVELOPMENT AUTHORITYversusN. NANJAPPA AND ANOTHER

2021 INSC 827Appeal(s) allowed

The Bangalore Development Authority (BDA) acquired a parcel of land in 1977 under the Bangalore Development Authority Act, 1976, and took possession of it. Seventeen years later, the landowner (respondent No.1) leased part of the land to respondent No.2 and sued for ejectment, obtaining a decree in …

SATISH CHAND SURANAversusRAJ KUMAR MESHRAM

2021 INSC 829Case Partly allowed

Satish Chand Surana filed a suit for specific performance of a sale agreement concerning two parcels of land, which the trial court dismissed ex‑parte. He appealed to the High Court of Chhattisgarh and, during the pendency of that appeal, filed an application under Order 41 Rule 27 of the CPC …

M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD & ANR.versusK.P. DWIVEDI

2021 INSC 816Appeal(s) allowed

The Madhya Pradesh Housing and Infrastructure Development Board entered into a construction contract with K.P. Dwivedi, which was later rescinded by the Board. The contractor invoked the arbitration clause, and the High Court, by consent of both parties, appointed the Housing Commissioner as …

COMMISSIONER OF INCOME TAX (IT-4), MUMBAIversusM/S RELIANCE TELECOM LIMITED

2021 INSC 815Appeal(s) allowed

The Commissioner of Income Tax (IT‑4) Mumbai challenged an order of the Income Tax Appellate Tribunal (ITAT) that, under Section 254(2) of the Income Tax Act, recalled its earlier 2013 order favoring the Revenue in a dispute with M/s Reliance Telecom Ltd over the taxability of software payments. The …

HASMAT ALIversusAMINA BIBI & ORS.

2021 INSC 800Appeal(s) allowed

Hasmat Ali filed a suit seeking a declaration that Amina Bibi was his tenant until 31‑03‑2003 and an order for eviction. The trial court decreed in part and directed the defendant to vacate the premises. The defendant's first appeal was dismissed, and a second appeal under Section 100 of the CPC was …

ELECTROSTEEL CASTINGS LIMITEDversusUV ASSET RECONSTRUCTION COMPANY LIMITED & ORS.

2021 INSC 794Dismissed

Electrosteel Castings Ltd., a guarantor, filed a civil suit seeking a declaration that an assignment deed executed by the financial creditor in favour of UV Asset Reconstruction Co. was fraudulent and that the assignee was not a secured creditor. The suit was dismissed by the High Court on the …

AKKAMMA & ORS.versusVEMAVATHI & ORS.

2021 INSC 785Case Partly allowed

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

STATE OF HARYANAversusHARNAM SINGH (DEAD) THR. LRS. & ORS.

2021 INSC 786Appeal(s) allowed

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

ACQUA BOREWELL PVT. LTD.versusSWAYAM PRABHA & OTHERS

2021 INSC 742Appeal(s) allowed

The Supreme Court heard appeals by third‑party defendants (Acqua Borewell Pvt Ltd and others) challenging a Karnataka High Court order that modified an interim injunction to restrain alienation of one‑seventh share in a large schedule of properties. The original suit sought declaration of a …

RASHID WALI BEGversusFARID PINDARI & ORS.

2021 INSC 685Appeal(s) allowed

The plaintiff filed a suit in a civil court seeking permanent and mandatory injunctions to protect his possession of a piece of land that was admitted to be a waqf property. The defendant, who also admitted the waqf status, moved to dismiss the suit on the ground that under the Waqf Act, 1995, such …

SUGHAR SINGHversusHARI SINGH (DEAD) THROUGH LRS. & ORS.

2021 INSC 672Appeal(s) allowed

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

V NAGARAJANversusSKS ISPAT AND POWER LTD.& ORS.

2021 INSC 663Dismissed

The appellant, V. Nagarajan, challenged an order of the National Company Law Tribunal (NCLT) dated 31 December 2019 that dismissed his application for interim relief in a liquidation proceeding. He filed an appeal before the National Company Law Appellate Tribunal (NCLAT) on 8 June 2020, relying on …

MILKHI RAMversusHIMACHAL PRADESH STATE ELECTRICITY BOARD

2021 INSC 638Dismissed

The appellant, a daily‑wage employee of Himachal Pradesh State Electricity Board, challenged his termination by filing a civil suit invoking Sections 25B and 25F of the Industrial Disputes Act, 1947, seeking reinstatement, regularisation and back wages. The civil court entertained the suit, held …

V. PRABHAKARAversusBASAVARAJ K. (DEAD) BY LR. & ANR.

2021 INSC 626Appeal(s) allowed

The appellant sought declaration and possession of a house based on a registered Will (Exhibit P4) executed by the deceased in his favour, which was attested by his brother and witnessed by his sister. The respondents admitted the existence of Exhibit P4 but contested it by producing an unregistered …

NITABEN DINESH PATELversusDINESH DAHYABHAI PATEL

2021 INSC 629Case Partly allowed

The wife (Nitaben Dinesh Patel) filed a counter‑claim in her husband’s divorce suit seeking a declaration that his alleged second marriage to Hinaben Manubhai Panchal was void and that their child was illegitimate. The trial court allowed amendment of her written statement to include facts about the …

DIPALI BISWAS & ORS.versusNIRMALENDU MUKHERJEE & ORS.

2021 INSC 616Dismissed

The decree-holder obtained a money decree against the judgment‑debtor, leading to execution proceedings for the sale of 17 decimals of land. After a series of auctions, sale proclamations, issuance of a sale certificate and delivery of possession, the judgment‑debtor repeatedly challenged the …

K. KARUPPURAJversusM. GANESAN

2021 INSC 610Appeal(s) allowed

The plaintiff filed a suit for specific performance of a sale agreement that required the defendant to evict tenants and deliver vacant possession before executing the sale deed. The trial court found the plaintiff ready but not willing to accept the property with tenants and therefore dismissed the …

MOHD. RAZA & ANR.versusGEETA @ GEETA DEVI

2021 INSC 609Dismissed

The plaintiff, Geeta, sued the defendants for possession, injunctions and mesne profits, asserting ownership of a Delhi property and that Defendant No.1 was her tenant who had sub‑let to Defendant No.2. In their written statement the defendants claimed they were the owners, stating that Defendant …

KORUKONDA CHALAPATHI RAO & ANR.versusKORUKONDA ANNAPURNA SAMPATH KUMAR

2021 INSC 586Appeal(s) allowed

The dispute arose from a partition of family property where the respondent sought a declaration of title and eviction of the appellants. The appellants relied on a family settlement document (Khararunama) dated 15‑04‑1986 and a receipt of Rs.2,00,000 as evidence of the parties' past arrangements. …

PLACIDO FRANCISCO PINTO (D) BY LRS. & ANRversusJOSE FRANCISCO PINTO & ANR.

2021 INSC 581Appeal(s) allowed

The appellant, an elder brother, purchased the southern half of a family property from his younger brother by a registered sale deed that recorded a nominal consideration of Rs 3,000, after paying Rs 12,000 to discharge the brother’s debts and avert a court‑ordered auction. The brother and his wife …

AVTAR SINGH & ORS.versusBIMLA DEVI & ORS.

2021 INSC 569Appeal(s) allowed

The dispute concerned a property on GT Road, Shahabad Markanda, where the plaintiffs alleged that the defendants had illegally broken the lintel of the first‑floor roof and constructed a staircase to take possession of their house. The trial court and the first appellate court, after considering the …

VISHWABANDHUversusSRI KRISHNA AND ANR.

2021 INSC 570Appeal(s) allowed

Respondent No.2 sued Respondent No.1 for refund of part sale consideration. Summons sent by registered post were returned with a "refusal" endorsement, which under Order V Rule 9(5) and Section 27 of the General Clauses Act is deemed to have been served. An ex‑parte decree was passed in favour of …

THE JAMIA MASJIDversusSRI K V RUDRAPPA (SINCE DEAD) BY LRS. & ORS.

2021 INSC 528Appeal(s) allowed

The Jamia Masjid Gubbi filed a suit seeking a declaration that the State Wakf Board owned a specific property, possession, an injunction and mesne profits. Defendants argued that the suit was barred by res judicata, relying on three earlier suits concerning the same property. The Supreme Court …

AJAY PAL SINGH & ORS.versusSTATE OF UTTAR PRADESH & ANR.

2021 INSC 531Case Partly allowed

The petitioners, original landowners of two parcels acquired in 1976 for the NOIDA project, challenged the compensation awarded by the Reference Courts (Rs 4.628 and Rs 6 per square yard) and sought enhancement to Rs 297 per square yard, relying on the High Court's decision in Mangu v. State of U.P. …

RAJENDRA BAJORIA AND OTHERSversusHEMANT KUMAR JALAN AND OTHERS

2021 INSC 514Dismissed

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, …

ISHWARLAL MALI RATHODversusGOPAL AND ORS.

2021 INSC 502Dismissed

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 …

SALIM D. AGBOATWALA AND ORS.versusSHAMALJI ODDHAVJI THAKKAR AND ORS.

2021 INSC 486Appeal(s) allowed

A group of heirs filed a suit in 1987 to set aside a 1963 Agricultural Lands Tribunal order and a 1954 sale certificate concerning land that had been placed under the control of a court‑appointed receiver after the death of the original owner in 1946. The defendants moved to reject the plaint under …

SATYA PRAKASH DWIVEDIversusMUNNA ALIAS CHANDRABHAN YADAV AND OTHERS

2021 INSC 491Case Allowed

The appellant, Satya Prakash Dwivedi, suffered grievous injuries in a road accident and claimed compensation before the Motor Accident Claims Tribunal, which awarded Rs.5,42,633 with a 50% permanent disability assessment. The insurance company appealed, and the High Court, exercising power under …

SUDHIR KUMAR @ S. BALIYANversusVINAY KUMAR G.B.

2021 INSC 484Case Partly allowed

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 …

ABDUL KHUDDUSversusH.M. CHANDIRAMANI (DEAD) THR LRS. & ORS.

2021 INSC 474Appeal(s) allowed

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 …

ARCELOR MITTAL NIPPON STEEL INDIA LTD.versusESSAR BULK TERMINAL LTD.

2021 INSC 478Case Partly allowed

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 …

K. N. NAGARAJAPPA & ORS.versusH. NARASIMHA REDDY

2021 INSC 461Dismissed

The appellants challenged two second appeals decided by the Karnataka High Court, which had reversed a trial court's decree in favour of the respondent concerning ownership of certain parcels of land. The High Court, invoking its power under Section 103 of the Code of Civil Procedure, re‑examined …

UNION OF INDIA & ORS.versusM/S PUNA HINDA

2021 INSC 448Appeal(s) allowed

The Union of India and others entered into a road‑construction contract with M/s Puna Hinda, which contained an arbitration clause for dispute resolution. After completing the work, the contractor submitted a final bill of Rs 23.68 crore, claiming payment for certain bills that the government …

UNION OF INDIA & ANR.versusS. NARASIMHULU NAIDU (DEAD) THROUGH LRS. AND ORS.

2021 INSC 425Disposed off

The legal heirs of the late S.V. Srinivasulu Naidu claimed that Union of India had illegally grabbed 7,128.5 sq. yards of land that their father had purchased, relying on a prior suit where the plaintiffs were declared owners of 4,971.5 sq. yards. The Union appealed the Tribunal's order under the …

SEPCO ELECTRIC POWER CONSTRUCTION CORPORATIONversusPOWER MECH PROJECTS LTD.

2021 INSC 417

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

GUNASEKARANversusTHE DIVISIONAL ENGINEER NATIONAL HIGHWAYS & ORS.

2021 INSC 420

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

NARAYAN DEORAO JAVLE (DECEASED) THROUGH LRS.versusKRISHNA & ORS.

2021 INSC 407Appeal(s) allowed

The appellant purchased a mortgaged land in 1964 from the original mortgagors, who had earlier mortgaged the property to the defendant mortgagee. The mortgagee filed a suit for foreclosure in 1965 without impleading the appellant, obtained a decree, and later took possession of the land from the …

RATUL MAHANTAversusNIRMALENDU SAHA

2021 INSC 390Appeal(s) allowed

Ratul Mahanta filed a title suit seeking a declaration that a common public drain forming the western boundary of his and adjoining properties could be used by him and that the respondent could not obstruct it, also seeking a permanent injunction. The respondent contended that the Guwahati Municipal …

SRIHARI HANUMANDAS TOTALAversusHEMANT VITHAL KAMAT & ORS.

2021 INSC 387Leave Granted & Dismissed

The suit property, originally owned by the mother of the first respondent, was inherited by him and his brother, mortgaged to Karnataka State Finance Corporation (KSFC), and later auctioned to the third respondent, who obtained a sale deed and a decree for possession. The first respondent …

AMAZON.COM NV INVESTMENT HOLDINGS LLCversusFUTURE RETAIL LIMITED & ORS.

2021 INSC 385Disposed off

Amazon invested in FCPL and, through it, in Future Retail Ltd (FRL). When FRL and its promoters attempted to sell FRL's retail assets to a rival, Amazon sought emergency interim relief under the SIAC Rules, and an Emergency Arbitrator issued an award restraining the transaction. The Delhi High Court …

SHRI SAURAV JAIN & ANR.versusM/S A. B. P. DESIGN & ANR.

2021 INSC 384Appeal(s) allowed

The first respondent claimed to be the transferable owner of a parcel of land and sued to declare the Moradabad Development Authority's (MDA) auction of that land illegal and to restrain dispossession. The trial court dismissed the suit, holding MDA was the lawful owner; the High Court reversed, …

SAYYED AYAZ ALIversusPRAKASH G GOYAL & ORS.

2021 INSC 342Disposed off

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 …

K. P. NATARAJAN & ANR.versusMUTHALAMMAL & ORS.

2021 INSC 337Dismissed

The petitioners filed a suit for specific performance of a sale deed, naming a minor as the third defendant and seeking the appointment of a guardian under Order XXXII, Rule 3 of the CPC. The trial court passed an ex‑parte decree and allowed execution without properly appointing a guardian, later …

R. JANAKIAMMALversusS.K. KUMARASAMY(DECEASED) THROUGH LEGAL REPRESENTATIVES AND OTHERS

2021 INSC 316Case Partly allowed

The case involved a joint Hindu family of three brothers who executed a partition deed on 07‑11‑1960 but continued to live and conduct business together, later executing a compromise decree on 06‑08‑1984 to settle disputes. The plaintiff challenged the decree, alleging fraud, misrepresentation and …

M/S. ORIENTAL STRUCTURAL ENGINEERS PVT. LTD.versusSTATE OF KERALA

2021 INSC 269Appeal(s) allowed

The appellant, M/s Oriental Structural Engineers Pvt. Ltd., was contracted by the State of Kerala to upgrade two highway stretches. The contract contained a clause (60.8) providing for interest on delayed payments, but the rate for local‑currency interest was left blank in the bid appendix. The …

RAHUL S SHAHversusJINENDRA KUMAR GANDHI & ORS.

2021 INSC 270Dismissed

The case arose from a protracted dispute over a one‑acre property in Bengaluru that had been sold multiple times, leading to conflicting claims and a series of suits for declaration, possession, and execution. The decree‑holders obtained a decree for possession, but the judgment debtors and …

MD MISHER ALI @ MESER ALIversusTHE UNION OF INDIA AND OTHERS

2021 INSC 205Appeal(s) allowed

Md Misher Ali was alleged by the Assam police to be an illegal migrant from Bangladesh who entered India after 24 March 1971. The police referred him to the Foreigner's Tribunal, which served notice by hanging it at his temporary address in Sivasagar, despite his permanent residence being in Dhubri, …

AMAN LOHIAversusKIRAN LOHIA

2021 INSC 190Disposed off

The father (Aman Lohia) filed a guardianship petition under the Guardians and Wards Act, 1890 and the Family Courts Act, 1984 seeking declaration as guardian of his two‑year‑old daughter. The mother (Kiran Lohia) did not file a written statement but filed several applications under CPC, including a …

SUBODH KUMARversusSHAMIM AHMED

2021 INSC 146Appeal(s) allowed

In 1994 the landlord filed a suit for possession, rent and mesne profits against the tenant, who failed to file a written statement, leading to an ex‑parte decree in 1998. The tenant later filed an application under Order 9 Rule 13 of the CPC (and Section 5 of the Limitation Act) on 25 August 1998 …

M/S. CHITRALEKHA BUILDERS & ANR. THROUGH ANIL G. SHAH POWER OF ATTORNEY & HUSBAND OF THE PARTNERversusEMPLOYEES SONAL VIHAR CO-OP. HOUSING SOCIETY LTD. & ANR.

2021 INSC 130Disposed off

The dispute concerned a 5,082‑square‑yard land in Mulund, where the original suit (No. 1335/1988) was settled by two consent decrees dated 16‑Feb‑2005 and 03‑Oct‑2005 between the Vaity family, the housing society and other parties. M/S Chitralekha Builders and its partners were impleaded only later …

ASHA JOHN DIVIANATHANversusVIKRAM MALHOTRA & ORS.

2021 INSC 121Appeal(s) allowed

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

NARAYAN SITARAMJI BADWAIK (DEAD) THROUGH LRSversusBISARAM AND OTHERS

2021 INSC 94Disposed off

The appellant, Narayan Sitaramji Badwaik (deceased), filed a suit for possession of a property based on a sale deed dated 26‑09‑1978, which the respondents claimed was only a collateral security for a loan. The trial court dismissed the suit, the District Judge reversed the decision, and the High …

COMPACK ENTERPRISES INDIA (P) LTD.versusBEANT SINGH

2021 INSC 97Disposed off

The dispute concerned a suit for possession and mesne profits of a Delhi industrial property. The High Court had earlier settled that the petitioner was in possession of the entire 5,472 sq ft. and issued a consent decree directing hand‑over of possession and payment of mesne profits, but …

RAVINDER NATH AGARWALversusYOGENDER NATH AGARWAL & ORS.

2021 INSC 86Disposed off

The petitioners, Major Ravinder Nath Agarwal and his sister Lily Nath, sought transfer of a partition suit and a testamentary case involving a Will dated 06‑04‑2011 of their father. The first petition asked to move the partition suit from the Additional District Judge, Saket, Delhi to the District …

H. S. GOUTHAMversusRAMA MURTHY AND ANR. ETC.

2021 INSC 82Appeal(s) allowed

The plaintiff H.S. Goutham sued the defendants for repayment of a mortgage loan and a consent decree was passed in 1995 ordering the defendants to pay the amount in instalments. The defendants objected in the execution petition, alleging the decree was obtained by fraud, but the executing court …

A. SUBRAMANIAN & ANR.versusR. PANNERSELVAM

2021 INSC 65Dismissed

The plaintiff filed a suit for permanent injunction to prevent the defendants from disturbing his peaceful possession of a property he claimed to have purchased from the heirs of a former owner. The trial court upheld the injunction, finding the plaintiff in possession, but the First Appellate Court …

G H BAJRANGA (DEAD) BY LRS.versusTHE STATE OF MADHYA PRADESH & ORS.

2021 INSC 26Appeal(s) allowed

The appellant, BAJRANGA (deceased) represented by legal heirs, challenged the State of Madhya Pradesh's declaration of his agricultural land as surplus under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. He argued that a portion of the land had been decreed in favour of his …

MANISH KUMARversusUNION OF INDIA AND ANOTHER

2021 INSC 28Dismissed

The petitioners challenged Sections 3, 4, and 10 of the Insolvency and Bankruptcy Code (Amendment) Act, 2020, which introduced threshold requirements for allottees and certain financial creditors to initiate corporate insolvency resolution process (CIRP), clarified that a corporate debtor can …

VENIGALLA KOTESWARAMMAversusMALEMPATI SURYAMBA & ORS.

2021 INSC 27Appeal(s) allowed

The plaintiff, Venigalla Koteswaramma, filed a suit for partition of her step‑mother Annapurnamma's properties, alleging that her siblings were co‑sharers and that defendant 4 had fraudulently obtained thumb impressions to execute a sale agreement and a will. The trial court held that both the …

VIDYA DROLIA AND OTHERSversusDURGA TRADING CORPORATION

2020 INSC 697Reference answered

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 …

TEJ BAHADURversusSHRI NARENDRA MODI

2020 INSC 655Dismissed

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

RAJNESHversusNEHA & ANR.

2020 INSC 631Disposed off

The husband appealed against a Family Court order granting interim maintenance of Rs 15,000 per month to his wife and Rs 10,000 per month to his son under Section 125 of the Cr.P.C., which was affirmed by the Bombay High Court. The Supreme Court upheld the lower courts' orders, directed the husband …

SHRI RAM SAHU (DEAD) THROUGH LRS.versusVINOD KUMAR RAWAT & ORS.

2020 INSC 627Appeal(s) allowed

The appellant, Shri Ram Sahu (deceased) through LRS, filed a suit seeking declaration that a 1995 sale deed was void and a permanent injunction against the defendants. The trial court dismissed the suit; the appellant appealed to the High Court, which also dismissed the appeal but observed that the …

SATISH CHANDER AHUJAversusSNEHA AHUJA

2020 INSC 599Dismissed

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, …

GANESANversusSTATE REPRESENTED BY ITS INSPECTOR OF POLICE

2020 INSC 596Dismissed

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 …

M/S. MAGMA FINCORP LTD.versusRAJESH KUMAR TIWARI

2020 INSC 574Case Allowed

M/S. Magma FinCorp Ltd., the financier, entered into a hire‑purchase agreement with Rajesh Kumar Tiwari for a vehicle. Tiwari paid seven instalments before the financier repossessed the vehicle without a notice addressed to his correct address and later sold it. Tiwari filed a consumer complaint …

B. SANTOSHAMMA & ANR.versusD. SARALA & ANR.

2020 INSC 556Dismissed

The Supreme Court dismissed the appeals filed by the vendor, upholding the lower courts' decree that the vendee was entitled to specific performance of the sale agreement for the remaining 200 square yards of land after the vendor had already conveyed 100 square yards to a third party. The court …

NAZIR MOHAMEDversusJ. KAMALA AND ORS.

2020 INSC 511Appeal(s) allowed

The Supreme Court examined two second appeals filed under Section 100 of the CPC concerning a suit for declaration of title and possession of a property. The High Court had entertained the appeals despite the absence of a substantial question of law, and had allowed the respondent's claim to …

NARASAMMA & ORS.versusA. KRISHNAPPA (DEAD) THROUGH LRS.

2020 INSC 509Dismissed

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

SRI V.N. KRISHNA MURTHY & ANR. ETC. ETC.versusSRI RAVIKUMAR & ORS. ETC. ETC.

2020 INSC 502Dismissed

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 …

M/S EXL CAREERS AND ANOTHERversusFRANKFINN AVIATION SERVICES PRIVATE LIMITED

2020 INSC 477Disposed off

The appellant, EXL Careers, filed a suit for recovery in a Gurgaon civil court despite an exclusive jurisdiction clause in a franchise agreement that designated Delhi courts as the sole forum. The Gurgaon court returned the plaint under Order VII Rule 10 of the CPC, and the High Court ordered its …

UNION OF INDIA & ANR.versusN. R. SRIVASTA & ORS.

2020 INSC 462Dismissed

The Union of India and Safdarjung Hospital appealed against the National Consumer Disputes Redressal Commission’s (NCDRC) order that held Safdarjung Hospital liable for medical negligence and directed payment of Rs.2 lakh compensation to the complainant. The complaint arose from the death of a …

V. KALYANASWAMY (D) BY LRS. & ANR.versusL. BAKTHAVATSALAM (D) BY LRS. & ORS.

2020 INSC 455Dismissed

The case involves a property dispute between the branch of Lakshmiah Naidu (respondents) and legatees under a Will (appellants) of Rangaswami Naidu, who died on 01.06.1955 before the Hindu Succession Act, 1956. The appellants claimed that Rangaswami Naidu had severed the joint family status through …

ARJUN PANDITRAO KHOTKARversusKAILASH KUSHANRAO GORANTYAL AND ORS.

2020 INSC 453Dismissed

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 …

DAHIBENversusARVINDBHAI KALYANJI BHANUSALI (GAJRA) (D) THR LRS & ORS.

2020 INSC 450Dismissed

The plaintiffs sold agricultural land to respondent No.1 in 2009 and alleged that only a small part of the sale consideration was paid, seeking cancellation of the sale deed. They filed the suit in December 2014, more than five years after the deed, claiming the cause of action arose only when they …

MOHD. INAMversusSANJAY KUMAR SINGHAL & ORS.

2020 INSC 445Appeal(s) allowed

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

RANA NAHID @ RESHMA @ SANA & ANR.versusSAHIDUL HAQ CHISTI

2020 INSC 432Disposed off

A Muslim couple divorced; the wife filed a petition under Section 125 of the CrPC for maintenance, which the Family Court converted into an application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and ordered maintenance. The High Court set aside the conversion, …

SHAKTI BHOG FOOD INDUSTRIES LTD.versusTHE CENTRAL BANK OF INDIA & ANR.

2020 INSC 413Appeal(s) allowed

Shakti Bhog Food Industries Ltd. filed a suit on 23 February 2005 seeking true accounts and refund of excess interest/commission charged by the Central Bank of India. The trial court rejected the plaint under Order VII Rule 11(d) CPC, holding the suit barred by the three‑year limitation period in …

KAVITA KANWARversusMRS. PAMELA MEHTA & ORS.

2020 INSC 397Dismissed

The appellant, the younger daughter of Smt. Amarjeet Mamik, sought probate of a 2003 Will that left the entire immovable property to her, while excluding her brother and elder sister. The Trial Court and the Delhi High Court rejected the probate petition, finding numerous unexplained suspicious …

TRILOKI NATH SINGHversusANIRUDH SINGH (D) THR. LRS. & ORS.

2020 INSC 385Dismissed

The appellant, who purchased land by a sale deed in 1984, filed a suit seeking a declaration that a compromise decree passed by the High Court in 1994 in a partition suit was illegal, fraudulent and void. The decree was passed in a second appeal concerning parties other than the appellant, who was a …

FIRM RAJASTHAN UDYOG & ORS.versusHINDUSTAN ENGINEERING & INDUSTRIES LTD.

2020 INSC 362Appeal(s) allowed

The appellant partnership firm owned 249.60 bighas of land that was slated for acquisition by the State of Rajasthan for the benefit of the respondent company. An agreement dated 01.02.1980 provided that about 145 bighas would be sold to the respondent, with the price to be fixed by arbitration. The …

SHIVAKUMAR & ORS.versusSHARANABASAPPA & ORS.

2020 INSC 349Dismissed

The plaintiffs filed a suit claiming ownership of several properties on the basis of a Will dated 20‑05‑1991 executed by the deceased Sri Sangappa and sought to declare a trust created by the defendants void. The defendants challenged the genuineness of the Will, pointing to numerous irregularities …