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Code of Civil Procedure, 1908

4176 judgments · newest first · showing 1601–1800

M/S. TRIPOWER ENTERPRISES (PRIVATE) LIMITEDversusSTATE BANK OF INDIA & ORS.

2020 INSC 360Case Partly allowed

The borrower defaulted on a loan secured by a mortgage offered by the guarantor, leading State Bank of India to initiate SARFAESI proceedings and eventually auction the secured assets, which were purchased by Tripower Enterprises. The bank sought the return of original title documents deposited with …

BHAGWAT SHARAN (DEAD THR. LRS.versusPURUSHOTTAM & ORS.

2020 INSC 327Dismissed

The appellant, Bhagwat Sharan, a grandson of Umrao Lal, filed a partition suit claiming six houses and several agricultural lands as joint Hindu family (HUF) property of his ancestors Madhav Prashad and Umrao Lal. The defendants denied the existence of an HUF, asserting the properties were …

NAND RAM (D) THROUGH LRS. & ORS.versusJAGDISH PRASAD (D) THROUGH LRS.

2020 INSC 315Appeal(s) allowed

The appellants, owners of land leased for 20 years to the respondent, sought possession after the lease was deemed terminated for non‑payment of rent and after part of the land was de‑notified following acquisition under the Land Acquisition Act. The respondent claimed a share of compensation for …

SHYAM SAHNIversusARJUN PRAKASH AND OTHERS

2020 INSC 319Appeal(s) allowed

Shyam Sahni filed a civil suit seeking declaration, possession, injunction and partition of property inherited from his mother. Respondent No.1 (Arjun Prakash) and his father created an equitable mortgage on the property to secure a bank loan and repeatedly failed to honour undertakings to clear the …

AARIFABEN YUNUSBHAI PATEL & ORS.versusMUKUL THAKOREBHAI AMIN & ORS.

2020 INSC 297Appeal(s) allowed

The cooperative bank (R‑2) obtained a decree for repayment of a loan from respondents R‑1 and R‑3 and obtained a court order to sell the mortgaged flats. The sale was conducted and the appellants were the highest bidders. R‑1 later filed a writ petition and, after its dismissal, filed an application …

BANK OF BARODAversusKOTAK MAHINDRA BANK LTD.

2020 INSC 299Dismissed

The Bank of Baroda sought to enforce a London decree against Kotak Mahindra Bank under Section 44A of the CPC, filing the execution petition 14 years after the decree. The trial court dismissed the petition as time‑barred, applying the 12‑year period of Article 136 of the Limitation Act. On appeal, …

ASSURANCE CO. LTD.versusHILLI MULTIPURPOSE COLD STORAGE PVT. LTD.

2020 INSC 274Reference answered

The Supreme Court examined whether a District Forum under the Consumer Protection Act, 1986 could extend the time for filing a response to a complaint beyond the 30 days plus a statutorily permitted 15‑day extension under s.13(2)(a), and where the 30‑day period begins. The Court held that s.13(2)(a) …

MANGAYARKARASIversusM. YUVARAJ

2020 INSC 259Appeal(s) allowed

The husband filed a petition under Section 13 of the Hindu Marriage Act seeking dissolution of his marriage on the ground of the wife's intemperate behaviour, while the wife filed a petition under Section 9 for restitution of conjugal rights. The trial court dismissed the husband's petition for lack …

ASHOK KUMAR GUPTA & ANR.versusM/S SITALAXMI SAHUWALA MEDICAL TRUST AND OTHERS

2020 INSC 255Appeal(s) allowed

Ashok Kumar Gupta and his wife, trustees of a public charitable medical trust, filed a suit under Section 92 of the CPC seeking a scheme for the trust’s administration, removal of certain trustees and appointment of qualified medical trustees, alleging that the trust had been turned into a private …

JOSEversusJOHNSON

2020 INSC 242Appeal(s) allowed

The plaintiff filed a suit for a permanent prohibitory injunction claiming ownership and possession of a partitioned property, and the trial court decreed in his favour after answering issues of identity, ownership and possession. The defendant appealed, and the First Appellate Court set aside the …

PAWAN KUMAR ARYA AND OTHERSversusRAVI KUMAR ARYA AND OTHERS

2020 INSC 252Disposed off

The dispute arose from a family settlement (consent decree) concerning the allocation of 15 flats in a Worli development, where eight flats were to be allotted to the PA Group and seven to the RA Group. The RA Group refused to counter‑sign the developer's letter (Annexure E) for the eight flats, …

CANARA BANKversusP. SELATHAL AND ORS. ETC.ETC.

2020 INSC 234Appeal(s) allowed

Canara Bank had granted a term loan secured by mortgage of property belonging to a partnership firm and a guarantor. The Debt Recovery Tribunal (DRT) passed an ex‑parte decree against the guarantor and the firm, which the guarantor unsuccessfully tried to set aside. Fifteen years later the …

SURESH CHAND AND ANR.versusSURESH CHANDER (D) THR LRS. AND ORS.

2020 INSC 212Disposed off

The appeal concerned a dispute over a courtyard shared by two brothers, Beni Prasad (BP) and Kirorilal, who were joint owners of the amenity. Kirorilal sold his share to Devicharan (DC), who also claimed a right of pre-emption under the Rajasthan Pre-emption Act, 1966. The central issue was whether …

AGRA DIOCESAN TRUST ASSOCIATIONversusANIL DAVID AND ORS.

2020 INSC 210Appeal(s) allowed

The plaintiff, Agra Diocesan Trust Association, filed two suits for cancellation of a sale deed and permanent injunction. The defendants argued that the plaintiff had undervalued the suits and paid insufficient court fee under the Uttar Pradesh Court Fees Act, 1870. The trial court held the suits …

ADANI GAS LIMITEDversusPETROLEUM AND NATURAL GAS REGULATORY BOARD AND ORS.

2020 INSC 199Dismissed

The Petroleum and Natural Gas Regulatory Board (PNGRB) conducted the ninth round of bidding for city or local natural gas distribution networks (CGD) in 2018. After opening technical bids, the Board introduced an internal note on 23 July 2018 that suggested a 2%–100% range of total households (based …

M/S. Z. ENGINEERS CONSTRUCTION PVT. LTD. & ANRversusBIPIN BIHARI BEHERA & ORS.

2020 INSC 196Disposed off

In a suit for partition, the plaintiffs filed the suit through power of attorney holders. The appellants sought to impound the powers of attorney under Order XIII Rule 8, contending that they were conveyances within the meaning of Article 23 of the Stamp Act (as amended by the Orissa Act, 2003) and …

MALLURU MALLAPPA (D) THR. LRS.versusKURUVATHAPPA & ORS.

2020 INSC 173Directions issued

Malluru Mallappa filed a suit for specific performance of an agreement to sell dated 30 March 2000, alleging the defendants had breached the contract. The defendants contended that the suit was barred by limitation and that the plaintiff was not ready to perform his part. The trial court dismissed …

THE STATE OF MEGHALAYAversusMELVIN SOHLANGPIAW

2020 INSC 171Disposed off

The respondent, a member of the Khasi Scheduled Tribe, was charged with murder and concealment of dead body under Sections 302 and 201 of the IPC and was initially ordered to stand trial before the Sessions Court. He filed a petition seeking transfer of the case to the District Council Court of the …

RAJESHBHAI MULJIBHAI PATEL AND OTHERS ETC.versusSTATE OF GUJARAT AND ANOTHER ETC.

2020 INSC 160Appeal(s) allowed

The appellants, brothers residing in the UK, sought recovery of Rs.1.20 crore from their maternal uncle (appellant No.3) after the uncle advanced the sum for a land sale and later demanded repayment. The uncle issued four cheques, two of which were dishonoured; a criminal complaint under Section 138 …

ATMA RAMversusCHARANJIT SINGH

2020 INSC 162Dismissed

The petitioner entered into a 1994 agreement to purchase land for Rs.4,38,000 and paid earnest money, with performance due on 7 Oct 1996. After the seller cited pending litigation, the petitioner issued a notice on 12 Nov 1996 and filed a suit on 13 Oct 1999 seeking a mandatory injunction to compel …

GHAT TALAB KAULAN WALAversusBABA GOPAL DASS CHELA SURTI DASS (DEAD) BY LR RAM NIWAS

2020 INSC 123Appeal(s) allowed

The plaintiff, Ghat Talab Kaulan Wala Trust, sued the sevadar Baba Gopal Dass for a mandatory injunction to remove him from managing the temple and its properties. The trial court denied the injunction but ordered rendition of accounts; the first appellate court decreed in favour of the trust. The …

URMILA DEVI & ORS.versusBRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. & ANR.

2020 INSC 107Appeal(s) allowed

The claimants filed a claim under the Motor Vehicles Act after the husband/father suffered a road accident, and the Motor Vehicle Accidental Claim Tribunal ordered the National Insurance Company to pay Rs.2,47,500. The insurer appealed to the Patna High Court, challenging its liability to pay, and …

SUKHWINDER SINGHversusJAGROOP SINGH & ANR.

2020 INSC 100Appeal(s) allowed

The plaintiff entered into an agreement of sale on 03‑01‑2004 with defendant No.1 for a plot of land at Rs 1,40,000, paying Rs 69,500 as earnest money. The plaintiff sued for specific performance and to set aside a later sale deed dated 11‑06‑2004 executed by defendant No.1 in favour of defendant …

VARADARAJANversusKANAKAVALLI & ORS.

2020 INSC 75Appeal(s) allowed

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

STANDARD CHARTERED BANKversusMSTC LIMITED

2020 INSC 72Appeal(s) allowed

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

DESH RAJversusBALKISHAN (D) THROUGH PROPOSED LR MS. ROHINI

2020 INSC 59Disposed off

The appellant and respondent, brothers, entered into an agreement to sell one floor of their ancestral property, which the respondent later sought to enforce through a suit for specific performance. The appellant repeatedly failed to file a written statement within the timelines prescribed by Order …

STATE OF GUJARAT THROUGH CHIEF SECRETARY & ANR.versusAMBER BUILDERS

2020 INSC 16Disposed off

The State of Gujarat awarded a contract to Amber Builders for highway work, which the contractor completed but later faced a claim of defective repair and a demand for Rs.1.09 crore. The State issued a notice seeking payment, which the contractor challenged in the Gujarat High Court, leading to a …

AMBALAL SARABHAI ENTERPRISE LIMITEDversusKS INFRASPACE LLP LIMITED AND ANOTHER

2020 INSC 4Appeal(s) allowed

Ambalal Sarabhai Enterprise Ltd. filed suits for specific performance of a sale of land and obtained a temporary injunction restraining the defendants from executing further documents. The defendants appealed, arguing that no concluded contract existed and that the plaintiff had delayed instituting …

UNIVERSITY OF DELHIversusUNION OF INDIA & ORS.

2019 INSC 1389Dismissed

The University of Delhi challenged the conversion of land acquired for the Delhi Metro project into a residential housing scheme, filing a writ petition that was dismissed for delay and laches. The University later filed a Letters Patent Appeal (LPA) 916 days after the writ petition’s disposal, …

SAKETA VAKSANA LLP & ANR.versusKAUKUTLA SARALA & ORS.

2019 INSC 1390Dismissed

The developer and landowners entered into an unregistered agreement of sale for 54 acres of agricultural land, with a clause stating that physical possession of the entire land was handed over to the developer at execution. Disputes arose over whether the developer actually possessed the 17.31‑acre …

G H DSGversusAKG

2019 INSC 1376Disposed off

The mother, alleged to suffer from paranoid schizophrenia, filed a guardianship petition seeking custody of her minor daughter, while the father sought custody on grounds of the mother’s mental illness and alleged cruelty. The mother counter‑alleged that the father sexually abused the child. Three …

SRI PRABODH CH. DAS AND ANR.versusMAHAMAYA DAS AND ORS.

2019 INSC 1371Disposed off

The plaintiffs filed a suit for declaration of title, possession and mesne profits, which was dismissed by the trial court. The trial court's decision was set aside by the first appellate court, and the defendants appealed the decree in a second appeal before the High Court of Tripura. On the …

G H JASMEET KAURversusSTATE (NCT OF DELHI) & ANR.

2019 INSC 1361Disposed off

The petitioner, a U.S. citizen, married a U.S. citizen husband and had two children who are U.S. citizens. After a visit to India, the petitioner refused to return to the United States with the children, prompting the husband to obtain custody orders in a Connecticut Superior Court and later file a …

GOOGLE INDIA PRIVATE LIMITEDversusM/S. VISAKHA INDUSTRIES

2019 INSC 1352Disposed off

The appellant, Google India Private Limited, was summoned under a criminal complaint alleging defamation (IPC ss.120B, 500, 501 r/w s.34) for articles posted in a Google Group hosted by it. It filed a petition under CrPC s.482 seeking to quash the summons, arguing it was not an intermediary and that …

BGS SGS SOMA JVversusNHPC LTD.

2019 INSC 1349Appeal(s) allowed

The petitioners BGS SGS SOMA JV sought to enforce an arbitral award concerning a hydro‑electric project, while the respondent NHPC Ltd filed a Section 34 petition in the Faridabad court to set aside the award. The petitioners applied under Section 151 CPC to have the petition returned to the …

M/S DEEP INDUSTRIES LIMITEDversusOIL AND NATURAL GAS CORPORATION LIMITED & ANR.

2019 INSC 1299Appeal(s) allowed

The appellant, Deep Industries Ltd, was contractually terminated by ONGC for allegedly supplying second‑hand equipment and was subsequently black‑listed for two years. The dispute was referred to arbitration, where the arbitrator stayed the blacklist order conditionally, and the first appeal under …

HINDUSTAN CONSTRUCTION COMPANY LIMITED & ANR.DIA & ORS.versusUNION OF INDIA

2019 INSC 1289Disposed off

The Supreme Court examined a batch of writ petitions filed by Hindustan Construction Company Ltd seeking to strike down Section 87 of the Arbitration and Conciliation (Amendment) Act, 2019 and the deletion of Section 26 of the 2015 Amendment, arguing that they revived an automatic‑stay of arbitral …

N. MOHANversusR. MADHU

2019 INSC 1270Disposed off

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

G H ASHOK KUMAR KALRAversusWING CDR. SURENDRA AGNIHOTRI & ORS.

2019 INSC 1266Reference answered

The plaintiff filed a suit for specific performance and the defendant filed a written statement followed by a counter‑claim. The trial court allowed the counter‑claim, but the High Court quashed it, prompting a reference to the Supreme Court on the interpretation of Order VIII Rule 6A of the CPC. …

M SIDDIQ (D) THR LRSversusV. MAHANT SURESH DAS & ORS

2019 INSC 1231Disposed off

The instant appeals arose from five suits between 1950 and 1989 over a 1500 sq yard land in Ayodhya, claimed by Hindus as the birthplace of Lord Ram (Ram Janmabhumi) and by Muslims as the site of the Babri Masjid. The Allahabad High Court had directed a three-way partition of the disputed site, …

SUPERINTENDING ENGINEER/ DEHAR POWER HOUSE CIRCLE BHAKRA BEAS MANAGEMENT BOARD (PW) SLAPPER & ANOTHERversusEXCISE AND TAXATION OFFICER, SUNDER NAGAR/ ASSESSING AUTHORITY

2019 INSC 1200

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

S. P. MISRA & ORS.versusMOHD. LAIQUDDIN KHAN & ANR.

2019 INSC 1163Dismissed

The appellants, legal heirs of the late partner Jai Narayan Misra, sought execution of a 1993 decree against the respondents, heirs of the late partner Hashmatunnisa Begum, arising from a partnership for real‑estate development in Paigah Compound. The decree restrained the respondents from …

M. HARIHARASUDHANversusR. KARMEGAM AND ORS.

2019 INSC 1162Appeal(s) allowed

Mr. M. Hariharasudhan, who runs a hotel, sued the respondents for damages after they damaged his property and stole cash. The trial court decreed damages, but the Madurai Bench of the Madras High Court set aside the decree, holding that the Tamil Nadu Property (Prevention of Damage and Loss) Act, …

JOHN D’ SOUZAversusKARNATAKA STATE ROAD TRANSPORT CORPORATION

2019 INSC 1147Case Partly allowed

John D’ Souza, a former bus conductor, was dismissed by Karnataka State Road Transport Corporation after a domestic enquiry that found him guilty of absenteeism. While an industrial dispute concerning his dismissal was pending before the Labour Court, the corporation sought permission to effectuate …

AMBALAL SARABHAI ENTERPRISES LTD.versusK. S. INFRASPACE LLP & ANR.

2019 INSC 1135Dismissed

Ambalal Sarabhai Enterprises Ltd. filed a suit in the Vadodara Commercial Court seeking specific performance of a mortgage deed concerning a parcel of land. The respondents contended that the dispute did not fall within the definition of a "commercial dispute" under Section 2(1)(c)(vii) of the …

RAVI SETIAversusMADAN LAL AND OTHERS

2019 INSC 1124Dismissed

Ravi Setia filed a suit for specific performance of a sale agreement dated 10‑11‑1989, seeking execution of the sale deed on 30‑04‑1990. The trial court held that the plaintiff was ready and willing to perform, relying solely on a certificate from the Sub‑Registrar that he was present on the said …

NUSLI NEVILLE WADIAversusIVORY PROPERTIES & ORS.

2019 INSC 1138Reference answered

The petition sought clarification on the scope of Section 9A of the Code of Civil Procedure (Maharashtra amendment) concerning the court's "jurisdiction to entertain" a suit and whether a plea of limitation could be decided as a preliminary issue. The Division Bench of the Bombay High Court had held …

ORIENTAL INSURANCE CO. LTD.versusM/S TEJPARAS ASSOCIATES EXPORTS PVT. LTD.

2019 INSC 1112Appeal(s) allowed

The appellant Oriental Insurance filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in the Jaipur District Court to set aside an arbitral award, but the court returned the petition for presentation before the Jodhpur court, fixing 2 April 2008 as the date of …

SYEDA NAZIRA KHATOON (D) BY LR.versusSYED ZAHIRUDDIN AHMED BAGHDADI & ORS.

2019 INSC 1086Disposed off

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

GOVINDBHAI CHHOTABHAI PATEL & ORS.versusPATEL RAMANBHAI MATHURBHAI

2019 INSC 1070Dismissed

The appellants, sons of the deceased donor, claimed that a property gifted by their father to the respondent was ancestral and that the donor lacked authority to execute the gift deed, alleging the deed was forged. The trial court held the property ancestral, a view affirmed by the first appellate …

M/S. CANARA NIDHI LIMITEDversusM. SHASHIKALA AND OTHERS

2019 INSC 1068Appeal(s) allowed

Canara Nidhi Ltd. advanced a Rs.50 lakh loan secured by mortgage and a demand promissory note, which the borrower M. Shashikala failed to repay, leading to an arbitral award of Rs.63.82 lakh. Shashikala filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside …

ILLOTH VALAPPIL AMBUNHI (D) BY LRS.versusKUNHAMBU KARANAVAN

2019 INSC 1058Dismissed

Raman Aithan Ashari executed a deed of gift in favour of the Chuzhali Bhagavathi Dharmadeva Bhandaram, an idol, stating that possession of the property was delivered. The deed was not expressly accepted, but the High Court held that the recital of possession created a presumption of acceptance, …

M/S TECNIMONT PVT. LTD.versusSTATE OF PUNJAB & OTHERS

2019 INSC 1054Disposed off

The Punjab Value Added Tax Act, 2005 requires a 25% pre‑deposit of the additional demand before a first appeal can be entertained under Section 62(5). Assessors, including Punjab State Power Corporation, filed appeals and sought waiver of this requirement on grounds of financial hardship, …

DAGDU KHOMANE AND ANOTHERversusEKNATH BHIKU YADAV & ORS.

2019 INSC 1052Dismissed

The dispute concerned six acres of land belonging to the Maruti Dev Temple, which had been let out to tenants who, on Tillers' Day (1 April 1957), became deemed purchasers under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948. The temple trust was registered as a public trust under …

BHUPINDER SINGHversusJOGINDER SINGH (D) BY LRS. & ORS.

2019 INSC 1053Dismissed

The plaintiffs filed a suit under Section 92 of the Code of Civil Procedure seeking a scheme for the management of a Gurudwara, alleging it to be a public place of worship. The appellant‑defendant contended that the Gurudwara was private property owned by his father, a Mohtmim, and argued that the …

SYED ZAINUL ABEDEENversusTHE RAJASTHAN BOARD OF MUSLIM WAKF

2019 INSC 980Dismissed

The appellant sought a declaration that a property, which had been surveyed and listed as "Wakf‑Al‑Allah" and published in the Official Gazette on 2 December 1965, was in fact "Wakf‑Al‑Aulad". He filed a suit under Section 6 of the Wakf Act, 1954 on 17 January 1967, more than one year after the …

CHENNADI JALAPATHI REDDYversusBADDAM PRATAPA REDDY (DEAD) THR LRS. & ANR.

2019 INSC 959Appeal(s) allowed

The appellant filed a suit for specific performance of a 1993 agreement of sale, alleging that the first defendant had signed the agreement but later sold his share to a third party and refused to execute the sale deed. The defendants contended that the signature on the agreement was forged, relying …

MADHUKAR NIVRUTTI JAGTAP & ORS.versusSMT. PRAMILABAI CHANDULAL PARANDEKAR & ORS.

2019 INSC 892Case Partly allowed

The plaintiffs entered into agreements dated 20‑09‑1965 and 28‑04‑1966 for the sale of 50 acres of agricultural land, paying part of the consideration and taking partial possession. The defendants contended that the documents were merely collateral security for a loan. The Supreme Court held that …

STATE OF ANDHRA PRADESH & ORS.versusB. RANGA REDDY (D) BY LRS & ORS.

2019 INSC 886Appeal(s) allowed

Three civil suits involving the State of Andhra Pradesh were tried together, two of which (suits No. 274/1983 and 276/1983) were dismissed while the third (suit No. 141/1984) was decreed in favour of the plaintiffs. The State appealed the decree in the third suit, arguing that the findings on the …

ALIYATHAMMUDA BEETHATHEBIYYAPPURA POOKOYA & ANR.versusPATTAKAL CHERIYAKOYA & ORS.

2019 INSC 849Dismissed

The dispute concerned the office of mutawalli of the historic Andrott Jumah mosque in Lakshadweep. The senior members of the Pattakal family claimed a hereditary customary right to the office, tracing it to Saint Ubaidulla, the mosque’s founder, while the appellants, representing island residents, …

RUPA ROYversusTHE NEW INDIA ASSURANCE COMPANY LTD. & ANR.

2019 INSC 824Appeal(s) allowed

The appellant, Rupa Roy, and her 10‑year‑old son were injured when a high‑speed van collided with their rickshaw van, leaving the son with a medically certified 70% permanent disability. She filed a claim under Section 166 of the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal …

SHAMSHER SINGH & ANR.versusLT. COL. NAHAR SINGH (D) THR. LRS. & ORS.

2019 INSC 820Appeal(s) allowed

The decree‑holders obtained possession of a suit property under a decree of specific performance. Respondent No.1 (Shamsher Singh) claimed he had acquired title by adverse possession and filed an application under Order XXI Rules 98‑100 of the CPC seeking to be put back into possession. The …

EX-HAV ASHOK KUMARversusUNION OF INDIA & ORS.

2019 INSC 809Dismissed

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

PEER GULAM JILANIversusPEER GULAM NASEER AND ORS.

2019 INSC 803Dismissed

The case concerned the succession to the offices of Sajjadah Nashin and Mutawalli of a Dargah governed by a Zabta (constitution). The fourth Sajjadah Nashin, Nurul Hasan, nominated his grandson (the daughter’s son) Gulam Naseer as his successor. The appellant challenged the nomination, arguing that …

RANDHIR KAURversusPRITHVI PAL SINGH & ORS.

2019 INSC 806Appeal(s) allowed

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

KANTA YADAVversusOM PRAKASH YADAV & ORS.

2019 INSC 808Dismissed

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

G H SURINDER PAL SONIversusSOHAN LAL (D) THRU LRS .

2019 INSC 797Appeal(s) allowed

The appellant sought specific performance of a sale agreement and obtained a decree from the trial court directing the respondent to execute the sale deed within two months of depositing the balance consideration. Both parties appealed; the appellate court affirmed the trial court decree, effecting …

GURMIT SINGH BHATIAversusKIRAN KANT ROBINSON AND OTHERS

2019 INSC 770Disposed off

The original plaintiffs filed a suit for specific performance of an agreement to sell against the vendor. During the pendency of the suit, the vendor, despite an injunction, sold the property to the appellant, who then applied under Order 1 Rule 10 of the CPC to be impleaded as a defendant. The …

STATE OF M.P. & ANR.versusDUNGAJI (D) BY LRS. & ANR.

2019 INSC 758Appeal(s) allowed

The State of Madhya Pradesh challenged a decree of the High Court that had set aside an order of the Competent Authority under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, which had treated land inherited by the plaintiff's wife as part of the family holding and declared surplus. …

SUDIN DILIP TALAULIKARversusPOLYCAP WIRES PVT. LTD. AND OTHERS

2019 INSC 757Appeal(s) allowed

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 …

SOBHA SINGH AND SONS PVT. LTD.versusSHASHI MOHAN KAPUR (DECEASED) THR. L.R.

2019 INSC 756Appeal(s) allowed

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. …

G H PAM DEVELOPMENTS PRIVATE LTD.versusSTATE OF WEST BENGAL

2019 INSC 755Appeal(s) allowed

The appellant, Pam Developments Private Ltd., was awarded a sum of Rs.2.87 crore by an arbitrator in a dispute with the State of West Bengal over a highway repair contract, but the award remained unpaid. The State filed a Section 34 petition challenging the award and later sought a stay of its …

SOPANRAO & ANR.versusSYED MEHMOOD & ORS.

2019 INSC 719Dismissed

The respondents (plaintiffs) filed a suit in 1987 seeking declaration that certain lands were Inam lands of Niyamatullah Shah Dargah and also seeking possession of those lands from the defendants (appellants). The trial court dismissed the suit on the ground of limitation and non‑joinder of parties. …

SUNIL VASUDEVA & ORS.versusSUNDAR GUPTA & ORS.

2019 INSC 716Dismissed

The dispute concerned a Delhi property that had been sold at a public auction by the Income Tax Department in 1964 to V.N. Vasudeva. The respondents, grandchildren of the original owner, challenged the sale through a civil suit and a writ petition, while the appellants, heirs of the lawyer who …

PHAREZ JOHN ABRAHAM (DEAD) BY LRS.versusARUL JOTHI SIVASUBRAMANIAM K. & OTHERS

2019 INSC 713Appeal(s) allowed

The case concerned the partition of the estate of John D. Abraham, who died intestate in 1964 leaving a wife, two sons and two daughters, one of whom (Triza Kalyani John, later A.S. Meenakshi) converted to Hinduism, married the plaintiff and was paid Rs 50,000 and gold ornaments allegedly to …

MADHAV PRASAD AGGARWAL & ANR.versusAXIS BANK LTD. & ANR.

2019 INSC 707Appeal(s) allowed

The appellants, home buyers, filed suits against the builder and Axis Bank seeking specific performance, possession and other reliefs concerning flats in the Orbit Heaven project. Axis Bank moved a notice of motion under Order 7 Rule 11(d) of the CPC to have the plaint rejected only against it, …

R. S. ANJAYYA GUPTAversusTHIPPAIAH SETTY & ORS.

2019 INSC 699Appeal(s) allowed

The appellant challenged a partition suit filed by his brother, claiming the properties were self‑acquired, while the plaintiff alleged they were bought with joint family funds and thus belonged to the Hindu joint family. The trial court held the properties were joint family assets and ordered …

ANJUM HUSSAIN & ORS.versusINTELLICITY BUSINESS PARK PVT. LTD. & ORS.

2019 INSC 673Appeal(s) allowed

The appellants, a group of 44 buyers, had booked office and shop spaces in the Intellicity project and the builder failed to deliver possession within the agreed four‑year period. They filed a class action under Section 12(1)(c) of the Consumer Protection Act, 1986 seeking refund, interest and …

PRAMOD KUMAR & ANR.versusZALAK SINGH & ORS.

2019 INSC 666Appeal(s) allowed

The appellants, Pramod Kumar and another, challenged two separate alienations of ancestral land by their father Tikaram. They filed a suit in 1963 to set aside the first sale deed (21‑01‑1959) and later, in 1971, a second suit to set aside the second sale deed (11‑02‑1959). Both suits were dismissed …

KIRODI (SINCE DECEASED) THROUGH HIS LRversusRAM PARKASH & ORS.

2019 INSC 674Dismissed

The appellant filed a regular second appeal alleging that the appeal was decided without framing a substantial question of law, relying on decisions of the Punjab and Haryana High Court. The issue before the Supreme Court was whether, under Section 100 of the Code of Civil Procedure as amended by …

KARUNA KANSALversusHEMANT KANSAL & ANR.

2019 INSC 662Appeal(s) allowed

The husband, Hemant Kansal, had two wives: his first wife, who obtained an ex parte decree of dissolution, and his second wife, Karuna Kansal, the appellant. The first wife appealed the Family Court's refusal to condone the delay in filing an application under Order 9 Rule 13 CPC, seeking to set …

BEEMANENI MAHA LAKSHMIversusGANGUMALLA APPA RAO (SINCE DEAD) BY LRS.

2019 INSC 656Dismissed

The appellant, a vendor, entered into an agreement to sell land to the respondent, the vendee, on 30‑12‑1985, with part payment of Rs.55,000 and the balance to be paid within three months, subject to the vendor measuring the land and delivering the original sale deed and land‑ceiling clearance …

BIRLA CORPORATION LIMITEDversusADVENTZ INVESTMENTS AND HOLDINGS LIMITED & OTHERS

2019 INSC 663Disposed off

Birla Corporation filed a criminal complaint alleging that respondents had stolen or misappropriated 54 confidential company documents and sought prosecution under IPC sections 379, 403, 411 read with 120B. The trial magistrate, relying on vague statements of the company representative and an …

HEMAREDDI (D) THROUGH LRS.versusRAMACHANDRA YALLAPPA HOSMANI AND ORS.

2019 INSC 633Dismissed

The appellants, brothers Hemareddi and his late sibling, sued the wife of Basavareddi for a declaration that the first defendant was not an adopted son and had no right to the joint family property. The trial court dismissed the suit, upholding the adoption, and the brothers appealed. During the …

BHIVCHANDRA SHANKAR MOREversusBALU GANGARAM MORE & ORS.

2019 INSC 643Appeal(s) allowed

The appellant, Bhivchandra Shankar More, challenged an ex‑parte decree passed in a partition suit. After an application under Order IX Rule 13 CPC to set aside the decree was dismissed, the appellant filed an appeal under Section 96(2) CPC, withdrew it, and later filed a fresh appeal with a …

ARULMIGHU NELLUKADAI MARIAMMANversusTAMILARASI (DEAD) BY LRS.

2019 INSC 642Appeal(s) allowed

The plaintiff filed a suit for eviction which was decreed by the District Munsif and affirmed by the first appellate court. The defendant appealed to the High Court under Section 100 CPC, which set aside the decree and dismissed the suit. The plaintiff challenged this on a special leave petition, …

KARNATAKA HOUSING BOARDversusK. A. NAGAMANI

2019 INSC 631Disposed off

The Karnataka Housing Board (KHB) allotted a flat to K.A. Nagamani, who later sought a refund of the amount deposited after the Board demanded a higher price. A consumer complaint was filed and the District Forum awarded interest and compensation, which was upheld by the State Commission and later …

JITEN K. AJMERA & ANR.versusM/S TEJAS CO-OPERATIVE HOUSING SOCIETY

2019 INSC 625Appeal(s) allowed

The appellants, sons of the deceased owner of a housing project, were directed by the District Consumer Forum to obtain an occupancy certificate and execute a conveyance deed for the co‑operative housing society. They appealed to the State Consumer Commission, and during the pendency of that appeal …

THULASIDHARA & ANOTHERversusNARAYANAPPA & OTHERS

2019 INSC 603Disposed off

The original plaintiff filed a suit for declaration of title and permanent injunction, claiming ownership of a property based on a registered sale deed. The defendants contended that the property had become part of a joint family and that the sale deed was merely a security instrument, not an …

S. SUBRAMANIANversusS. RAMASAMY ETC. ETC.

2019 INSC 606Appeal(s) allowed

The case concerned two suits filed by S. Ramasamy for injunction and partition of certain immovable properties, which the trial court dismissed on the ground that the properties were self‑acquired by the father and not part of a joint Hindu family. The first appellate court affirmed this view. The …

Y. SAVARIMUTHUversusSTATE OF TAMIL NADU & ORS.

2019 INSC 592Disposed off

The appellant, a government contractor, entered into an agreement with the State of Tamil Nadu to strengthen a highway. The contract was partially terminated by the Superintending Engineer on 16‑12‑1999 for alleged lack of progress, leading the appellant to file a writ petition (dismissed) and …

HARI STEEL AND GENERAL INDUSTRIES LTD. & ANR.versusDALJIT SINGH & ORS.

2019 INSC 569Appeal(s) allowed

The plaintiffs alleged that the defendants had entered into an agreement to sell a Delhi property and associated business for Rs 55.50 crore, receiving Rs 5 crore as part consideration, and sued for specific performance. The defendants contested the agreement, claiming the document was forged, the …

GLOBE GROUND INDIA EMPLOYEES UNIONversusLUFTHANSA GERMAN AIRLINES & ANR.

2019 INSC 559Appeal(s) allowed

The Globe Ground India Employees Union raised an industrial dispute alleging that Globe Ground India Pvt Ltd, a subsidiary of Lufthansa German Airlines, closed its establishment and retrenched 106 workers. The union sought to implead Lufthansa, claiming it was the holding company and therefore a …

INDIAN OIL CORPORATION LIMITEDversusSTATE OF U.P. & ORS.

2019 INSC 548Appeal(s) allowed

The appellant, Indian Oil Corporation Ltd., challenged demand notices for interest on entry tax levied under the Uttar Pradesh Tax on Entry of Goods into Local Areas Act, 2007, arguing that the Act contained no substantive provision for interest and that the High Court’s dismissal of its writ …

RANJIT KUMAR KARMAKAR @ DULAL KARMAKARversusHARI SHANKAR DAS

2019 INSC 542Appeal(s) allowed

The plaintiff filed a civil suit for declaration of title, possession and permanent injunction, which the trial court dismissed. The first appeal was allowed, overturning the trial court's decision. The defendant then filed a second appeal under Section 100 of the CPC, and the High Court set aside …

SHAILNDRA KUMAR JAIN AND OTHERSversusMAYA PRAKASH JAIN AND OTHERS

2019 INSC 501Disposed off

In 1966 a son filed a suit for partition of his parents' joint family property, which was decreed by compromise among the parents and three brothers. After the decree, in 2006 one of the brothers (Maya Prakash Jain) filed a suit claiming exclusive ownership of certain properties, asserting a later …

JAGDISH PRASAD PATEL (DEAD) THR. LRS.& ANOTHERversusSHIVNATH & OTHERS

2019 INSC 493Appeal(s) allowed

The respondents-plaintiffs filed a suit for declaration of title and possession of several khasra lands, alleging that their fathers were lessees under a patta-lease. The appellants-defendants contended that the land had been auctioned in 1929 to their grandfather Gaya Din, who obtained a valid …

HAMMAD AHMEDversusABDUL MAJEED & ORS.

2019 INSC 460Appeal(s) allowed

The case concerned a dispute over who should serve as Chief Mutawalli of Hamdard Laboratories (India) after the death of the previous Chief Mutawalli, Abdul Mueed. The appellant, Hammad Ahmed, claimed that the senior-most male descendant of the Wakif Mutawalli, as stipulated in the 1948 Deed as …

PAWAN KUMARversusBABULAL SINCE DECEASED THROUGH LRS. AND ORS.

2019 INSC 454Appeal(s) allowed

Pawan Kumar filed a suit seeking declaration of title over a shop, alleging he paid the purchase price while the deed was placed in his father's name. The second defendant moved an Order VII Rule 11 application to dismiss the suit on the ground that it was barred by Section 4 of the Benami …

CHAND KAUR (D) THR. LRS.versusMEHAR KAUR (D) THR. LRS.

2019 INSC 413Appeal(s) allowed

The Supreme Court examined six civil appeals arising from a batch of second appeals filed under Section 100 of the Code of Civil Procedure. The Punjab & Haryana High Court had allowed the second appeals and altered the findings of the first appellate court without first framing any substantial …

MEG RAJ (DEAD) THR. L.RS. & ORS.versusMANPHOOL(DEAD) THR. L.RS. & ORS.

2019 INSC 376Dismissed

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 …

LAHARI SAKHAMURIversusSOBHAN KODALI

2019 INSC 383Disposed off

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 …

POORAN SINGHversusDHANIRAM (SINCE DEAD) THR. LEGAL HEIRS AND ANR.

2019 INSC 367Appeal(s) allowed

The appellant’s predecessor sold tribal agricultural land to the respondent’s predecessor in 1964. After the 1980 amendment inserting Section 170B of the Madhya Pradesh Land Revenue Code, the appellant’s successor (Beniram) sought reversion of the land, and the Collector ordered the land restored to …

RAGHWENDRA SHARAN SINGHversusRAM PRASANNA SINGH (DEAD) BY LRS

2019 INSC 357Appeal(s) allowed

The plaintiff and his brother executed a registered gift deed in 1981 transferring land to the appellant, the appellant's son. Neither the plaintiff nor his brother contested the deed for about 22 years; the appellant filed a partition suit in 2001, in which the plaintiff was a defendant. In 2003 …

GURNAM SINGH (D) BY LRS. & ORS.versusLEHNA SINGH (D) BY LRS.

2019 INSC 356Appeal(s) allowed

The plaintiff filed a suit for perpetual injunction alleging ownership of land and challenged a will executed by the deceased brother. The trial court upheld the plaintiff's claim, but the first appellate court reversed that decision after re‑appraising the evidence and deeming the will genuine. The …

TANUKU TALUK VILLAGE OFFICERS’ ASSOCIATIONversusTANUKU MUNICIPALITY & ORS. ETC.

2019 INSC 349Appeal(s) allowed

The appellant, Tanuku Taluk Village Officers’ Association, filed two civil suits against the respondents concerning a piece of land, both of which were decreed on 14 August 1996. It also obtained a decree from the Rent Controller ordering the handover of the land, but subsequent applications and …

RAKESH & ORS.versusBOARD OF REVENUE U.P. & ORS. ETC.

2019 INSC 336Case Partly allowed

Pursottam, a Sirdar, deposited twenty times the land revenue and applied for Bhumidhari rights for three plots, subsequently executing a sale deed. His applications for two plots were rejected and a revision petition was pending when the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) …

ISHA DISTRIBUTION HOUSE PVT. LTD.versusADITYA BIRLA NUVO LTD. & ANR.

2019 INSC 330Directions issued

The plaintiff, Isha Distribution House Pvt. Ltd., filed a civil suit in the Calcutta High Court seeking declaration, damages and injunction, and applied for leave to sue under Clause 12 of the Letters Patent Act, 1865. The defendants contested the suit's territorial jurisdiction, filing an …

R. DHANASUNDARI @ R. RAJESWARIversusA.N. UMAKANTH & ORS.

2019 INSC 318Dismissed

The suit was filed to cancel a sale deed executed by a former partner (defendant No.1) in favour of defendant No.2, alleging that the property vested in the plaintiff after the partnership was dissolved. After the original plaintiff died, his heirs were impleaded; one heir (plaintiff No.5) sold the …

MANTRI TECHZONE PVT. LTD.versusFORWARD FOUNDATION AND ORS.

2019 INSC 315Disposed off

The petitioners alleged that the Karnataka Industrial Area Development Board had allotted ecologically sensitive land for a software technology park, resulting in encroachment of storm‑water drains (Rajakaluves) and damage to the Bellandur lake catchment. The National Green Tribunal (NGT) found …

KHODAY DISTILLERIES LTD. (NOW KNOWN AS KHODAY INDIA LIMITED) AND OTHERSversusSRI MAHADESHWARA SAHAKARA SAKKARE KARKHANE LTD., KOLLEGAL (UNDER LIQUIDATION) REPRESENTED BY THE LIQUIDATOR

2019 INSC 298Disposed off

The case involved two civil appeals (Nos. 2432 and 2433) arising from special leave petitions (SLPs) filed by Khoday Distilleries Ltd. after a High Court decree in a money suit. Both SLPs were dismissed by the Supreme Court in limine without reasons. The appellants then sought review of the High …

VARUN PAHWAversusMRS. RENU CHAUDHARY

2019 INSC 304Appeal(s) allowed

The appellant, a director of Siddharth Garments Pvt. Ltd., filed a suit for recovery of Rs. 25,00,000 as an individual, although the loan was advanced by the company. The plaint mistakenly named the plaintiff as "Varun Pahwa through Director of Siddharth Garments Pvt. Ltd." instead of "Siddharth …

JAGDISH CHANDERversusSATISH CHANDER AND ORS.

2019 INSC 283Appeal(s) allowed

The plaintiff, Satish Chander, claimed that his mother Vidya Devi had been fraudulently induced to execute a gift deed in favour of Jagdish Chander, alleging that the deed was supported by a consideration of Rs 5,000 and therefore invalid under Section 122 of the Transfer of Property Act. The trial …

COMMISSIONER OF INCOME TAX-IversusM/S RASHTRADOOT (HUF)

2019 INSC 285Appeal(s) allowed

The Revenue (Commissioner of Income Tax) appealed an ITAT order that had allowed the assessee, M/s Rashtadrood (HUF), under Section 260A of the Income Tax Act, 1961. The High Court dismissed the appeal after hearing both parties but neither framed any substantial question of law nor provided reasons …

LMJ INTERNATIONAL LTD.versusSLEEPWELL INDUSTRIES CO. LTD.

2019 INSC 241Dismissed

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

MEHBOOB-UR-REHMAN (DEAD) THROUGH LRS.versusAHSANUL GHANI

2019 INSC 204Dismissed

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 …

PERRY KANSAGRAversusSMRITI MADAN KANSAGRA

2019 INSC 215Appeal(s) allowed

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 …

CEMENT WORKERS’ MANDALversusGLOBAL CEMENTS LTD. (HMP CEMENTS LTD.) & ORS

2019 INSC 197Appeal(s) allowed

The Cement Workers' Union filed a Special Civil Application (SCA) in the Gujarat High Court seeking to compel Indian Bank and Global Cements Ltd. to pay outstanding wages to workers of a cement factory in Porbandar, Gujarat, and to set aside a Debt Recovery Tribunal order that transferred sale …

M/S SCG CONTRACTS INDIA PVT. LTD.versusK. S. CHAMANKAR INFRASTRUCTURE PVT. LTD. & ORS.

2019 INSC 187Appeal(s) allowed

In a commercial suit, the plaintiff sought recovery of Rs. 6.94 crore. The defendant was served on 14 July 2017 but failed to file a written statement within the statutory 120‑day period. The trial court initially extended time to 15 December 2017 on condition of payment of costs, and later, despite …

PUNJAB WAKF BOARDversusSHAM SINGH HARIKE

2019 INSC 157Disposed off

The Punjab Wakf Board (PWB) claimed ownership of two parcels of land and filed suits for permanent injunction and possession against lessees Sham Singh Harike and Teja Singh. Both suits were transferred to the Wakf Tribunal, where the respondents argued that the Tribunal lacked jurisdiction and that …

SHIVNARAYAN (D) BY LRS.versusMANIKLAL (D) THR. LRS. & ORS.

2019 INSC 152Dismissed

The plaintiff filed a suit in the Indore court seeking declarations of nullity of a will, a sale deed, and transfer documents relating to two immovable properties—one in Indore and another in Mumbai—along with a claim of joint family ownership. Defendants 7 and 8, who were parties to the Mumbai sale …

ASGAR & ORS.versusMOHAN VARMA & ORS.

2019 INSC 144Dismissed

The appellants, Asgar and others, were lessees occupying a large tract of land in Kerala and sought a declaration that they could remain in possession and claim compensation for improvements under the Kerala Compensation for Tenants Improvements Act, 1958. They first raised this claim in an …

THE COMMISSIONER, MYSORE URBAN DEVELOPMENT AUTHORITYversusS.S. SARVESH

2019 INSC 147Appeal(s) allowed

The Mysore Urban Development Authority (the Authority) appealed a civil suit decree against it, but its first appeal was dismissed in default when its counsel failed to appear. The Authority sought restoration of the appeal under Order 41 Rule 19 of the Code of Civil Procedure, 1908, but the …

G H RAM LAL & ORS.versusSALIG RAM & ORS.

2019 INSC 129Appeal(s) allowed

The plaintiffs, owners of Khasra No.146 in Himachal Pradesh, sued the defendants alleging encroachment on their land. The trial court dismissed the suit, but the First Appellate Court remitted additional issues and appointed a Local Commissioner to demarcate the land. After the commissioner’s report …

TEK SINGHversusSHASHI VERMA AND ANR.

2019 INSC 131Appeal(s) allowed

The appellant filed a revision petition challenging the lower courts' refusal to grant an interim mandatory injunction in a suit under Section 6 of the Specific Relief Act concerning possession of a shop. The High Court set aside the appellate court's findings of fact and entertained the revision, …

G. RATNA RAJ (D) BY LRS.versusSRI MUTHUKUMARASAMY PERMANENT FUND LTD. & ANR.

2019 INSC 123Dismissed

G. Ratna Raj filed a civil suit for redemption of mortgage and injunction against Sri Muthukumarasamy Fund Ltd. The plaintiff presented his evidence and closed his case, after which the suit was called for recording the defendants' evidence. The defendants failed to appear and had not led any …

ASHARFI DEVI (D) THR. LRS.versusSTATE OF U.P. & ORS.

2019 INSC 124Dismissed

The original appellant, owner of land subject to the Urban Land (Ceiling and Regulation) Act, 1976, claimed that ceiling proceedings became void after the Act was repealed in 1999 and filed a writ petition in 2002. The Allahabad High Court dismissed the writ on 14 March 2008, finding the appellant …

SHRI RAJENDRA LALITKUMAR AGRAWALversusSMT. RATNA ASHOK MURANJAN & ANR.

2019 INSC 121Appeal(s) allowed

The plaintiff filed a suit for specific performance of a contract dated 08‑08‑1984, which the trial court decreed in his favour. The first appellate court reversed that decree, dismissing the suit, and the plaintiff appealed to the High Court. The High Court dismissed the second appeal, holding that …

VIJAY A. MITTAL & ORS.versusKULWANT RAI (DEAD) THR. LRS. & ANR.

2019 INSC 96Disposed off

The plaintiffs filed a suit for specific performance of a 1979 agreement to purchase a property from defendant Amar Nath, alleging they had paid earnest money and were ready to perform, but Amar Nath sold the property to other defendants at a higher price. The trial court dismissed the suit on the …

M/S. SHANTI CONDUCTORS (P) LTD. & ANR.versusASSAM STATE ELECTRICITY BOARD & ORS.

2019 INSC 81Dismissed

M/s Shanti Conductors entered supply contracts with Assam State Electricity Board before the Interest on Delayed Payment to Small Scale Ancillary Industrial Undertakings Act, 1993 came into force, but the supplies were completed after the Act's commencement. The Supreme Court held that the Act …

HANSRAJversusMEWALAL AND ORS.

2019 INSC 41Appeal(s) allowed

The appellant, Hansraj, was the original bhumidhar of Plot No.677 in Village Bahria, Basti, and a co‑sharer with respondents who had acquired a half‑share by sale. Under the U.P. Consolidation of Holdings Act, 1953, the Assistant Consolidation Officer initially proposed chaks for all co‑sharers on …

SNEH LATA GOELversusPUSHPLATA & ORS.

2019 INSC 22Appeal(s) allowed

The appellant sought execution of a final decree in a partition suit, while the first respondent objected under Section 47 CPC, claiming the decree was void for lack of territorial jurisdiction. The executing court dismissed the objection, holding that such a jurisdictional challenge must be raised …

STATE OF RAJASTHAN & ORS.versusGRAM VIKAS SAMITI, SHIVDASPURA

2019 INSC 17Appeal(s) allowed

The Gram Vikas Samiti filed a civil suit against the State of Rajasthan seeking a permanent injunction to prevent the State from interfering with its possession of a disputed land. The trial court granted the injunction, and the State's first appeal was dismissed by the Additional District Judge. …

SUSHIL THOMAS ABRAHAMversusM/S. SKYLINE BUILD. THR. ITS PARTNER & ORS.

2019 INSC 25Appeal(s) allowed

The plaintiff filed a civil suit seeking to be treated as an indigent person under Order 33 Rule 1 of the CPC, but the trial court rejected his application and the High Court upheld that rejection. He later filed an appeal against the trial court's decree and sought permission to file the appeal as …

THE STATE OF JHARKHANDversusSURENDRA KUMAR SRIVASTAVA & ORS.

2019 INSC 5Appeal(s) allowed

The State of Jharkhand and the Jharkhand State Electricity Board sought to energise a fully constructed electricity sub‑station on land claimed by three respondents who alleged possession of the suit property. The respondents had earlier failed to establish a title to the land in a title suit and …

URVASHIBEN & ANR.versusKRISHNAKANT MANUPRASAD TRIVEDI

2018 INSC 1212Leave Granted & Dismissed

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 …

JAMILA BEGUM (D) THR. LRS.versusSHAMI MOHD. (D) THR. LRS. & ANOTHER

2018 INSC 1206Appeal(s) allowed

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; …

BIJAY KUMAR MANISH KUMAR HUFversusASHWIN DESAI

2018 INSC 1195Disposed off

The appellant, a landlord, stepped into the shoes of a lessor who had executed a 99‑year lease in 1992. After the lessee defaulted on rent, the appellant filed a suit in 2007 for recovery of possession, mesne profits and an injunction. The lessee sought dismissal of the suit under Order VII Rule 11, …

RAMESHWAR PRASAD SHRIVASTAVA AND ORS.versusDWARKADHIS PROJECTS PVT. LTD. AND ORS.

2018 INSC 1167Disposed off

Nineteen allottees of a housing project filed a collective consumer complaint under Section 12(1)(c) of the Consumer Protection Act, 1986, alleging delayed possession and various deficiencies, but they did not obtain the permission of the District Forum as required by Section 13(6) and Order 1 Rule …

GOPAL SINGH (DEAD) BY LRS.versusSWARAN SINGH & ORS.

2018 INSC 1168Appeal(s) allowed

The land in question was sold under a restricted auction pursuant to the Punjab Package Deal Properties (Disposal) Act, 1976 and later the sale was cancelled by an order of the Deputy Commissioner dated 28 March 1985, which became final. The plaintiffs filed a suit claiming they were bonafide …

STATE TRADING CORPORATION OF INDIA LTD.versusM/S GLOBAL STEEL HOLDING LIMITED & ORS.

2018 INSC 1162Disposed off

The State Trading Corporation (STC) entered into a tripartite agreement with Global Steel Holding Ltd. (GSHL) and Global Steel Philippines Inc. (GSPI) for the sale of steel coils, which later gave rise to settlement agreements under the Arbitration and Conciliation Act, 1996. GSHL and GSPI defaulted …

SUNKARA LAKSHMINARASAMMA (D) BY LRS.versusSAGI SUBBA RAJU & OTHERS ETC.

2018 INSC 1113Dismissed

The appellants, Sunkara Lakshminarasamma (deceased) by legal representatives, challenged three lower court decisions that upheld two wills (Exhibit B4 and B106) making Veeraswamy the absolute owner of Schedule A and B properties and ordered specific performance of a sale agreement. The trial, …

UNION OF INDIAversusNARESHKUMAR BADRIKUMAR JAGAD & ORS.

2018 INSC 1114Disposed off

The original lease of a 99‑year term on a plot in Mumbai, used for a cotton mill, later vested in a charitable trust. After the lease expired, Podar Mills occupied the premises as a protected tenant under the Bombay Rents Act. The Textile Undertakings (Nationalisation) Act, 1995 vested the statutory …

AHMED ABDULLA AHMED AL GHURAIR (THROUGH THEIR POWER OF ATTORNEY HOLDER MR. BARTHOLOMEW KAMYA) & ANR.versusSTAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED & ORS.

2018 INSC 1100Dismissed

The plaintiffs, Dubai nationals and shareholders of a Dubai‑incorporated company (Defendant No.2), filed a derivative suit in the Madras High Court seeking a declaration that Defendant No.2 held the beneficial interest in 6.16% of the shares of an Indian company (Defendant No.1) that were registered …

VIJAY PULLARWAR & ORS.versusSHRI HANUMAN DEOSTHAN,A PUBLIC TRUST THROUGH ITS TRUSTEES

2018 INSC 1066Appeal(s) allowed

The plaintiff, Shri Hanuman Deosthan, a public trust registered under the Maharashtra Public Trusts Act, 1950, sued the defendants for possession of House No.878 in Circle No.3, claiming it was trust property. The trial court decreed possession in favour of the trust, but the first appellate court …

HARI MOHAN SHARMA & ANR.versusCHARANJEET SINGH REKHI & ORS. ETC.

2018 INSC 1067Appeal(s) allowed

The plaintiff filed two suits for specific performance against Charanjeet Singh Rekhi (deceased) and his wife Manjit Kaur, claiming they were parties to a sale agreement. Two other individuals, also named Charanjeet Singh Rekhi from Moradabad and Uttarakhand, filed Interlocutory Applications …

NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATIONversusSMT. SUJATHA

2018 INSC 1036Disposed off

Mallikarjuna, a driver employed by the North East Karnataka Road Transport Corporation, died of a heart attack while on duty on 6 April 1999. His widow filed a claim under the Workmen’s Compensation Act, 1923 and the Commissioner awarded Rs 3,79,120 with a direction that interest at 12% per annum …

DR. AMIT KUMARversusDR. SONILA & ORS.

2018 INSC 1007Leave Granted & Allowed

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

RAM AVATAR SONIversusMAHANTA LAXMIDHAR DAS AND ORS.

2018 INSC 988Leave Granted & Allowed

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

GOVINDAMMAL (DEAD) BY LRS. AND ORS.versusVAIDIYANATHAN AND ORS.

2018 INSC 974Dismissed

The case concerned a 2.72‑acre property originally owned by two brothers, which was partitioned in 1912 giving each brother a 50% share. The plaintiffs, descendants of one brother, claim ownership of the 1.36‑acre "A Schedule" share, while the defendant’s father purchased the other 1.36‑acre share …

OM PRAKASH AGARWAL SINCE DECEASED THR. LRS. & ORS.versusVISHAN DAYAL RAJPOOT & ANR.

2018 INSC 970Appeal(s) allowed

The landlord filed a small‑cause suit for eviction, rent and damages against the tenant. The suit, originally valued at Rs.21,175, was later amended to Rs.27,775 and transferred to an Additional District Judge (ADJ) because its value exceeded the then pecuniary limit of Rs.25,000 for a Small Causes …

M. SIDDIQ (D) THR. LRS.versusMAHANT SURESH DAS AND OTHERS ETC.

2019 INSC 1231Directions issued

The appeals arise from civil suits concerning title to the disputed Ayodhya structure and challenge the validity of the Acquisition of Certain Area at Ayodhya Act, 1993. The petitioners sought to refer the matter to a Constitution Bench, arguing that the observations in Dr. M. Ismail Faruqui v. …

SWAPNIL TRIPATHIversusSUPREME COURT OF INDIA

2018 INSC 886Appeal(s) allowed

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

HIYA ASSOCIATES & ORS.versusNAKSHATRA PROPERTIES PVT. LTD.

2018 INSC 893Case Partly allowed

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

P. RADHA BAI AND ORS.versusP. ASHOK KUMAR AND ANR.

2018 INSC 896Appeal(s) allowed

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

UTTARADI MUTTversusRAGHAVENDRA SWAMY MUTT

2018 INSC 885Disposed off

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

PATEL AHMED MOHAMMADversusBALWANT SINGH RAJPUT & ORS.

2018 INSC 887Leave Granted & Disposed off

Patel Ahmed Mohammad, a Rajya Sabha member, was challenged by Balwant Singh Rajput in an election petition alleging corrupt practices and vote irregularities. The appellant filed three applications for dismissal of the petition: (i) on the basis that office objections under Gujarat High Court Rules …

BISWAJIT SUKULversusDEO CHAND SARDA & ORS.

2018 INSC 874Leave Granted & Allowed

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

MUNI REDDY & ANR.versusC. NAGARAJU & ORS.

2018 INSC 842Appeal(s) allowed

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

SUDARSAN PUHANversusJAYANTA KU. MOHANTY & ANR. ETC.

2018 INSC 850Case Partly allowed

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

NARAYANA GRAMANI & ORS.versusMARIAMMAL & ORS.

2018 INSC 802Appeal(s) allowed

The plaintiffs filed a suit for declaration and permanent injunction over a parcel of land, which the trial court decreed in their favour. The defendants appealed, first unsuccessfully, and then filed a second appeal before the Madras High Court. The High Court admitted the appeal by framing a …

MAR KOORILOS (DEAD) AND ANR. ETC.versusM. PAPPY (DEAD) AND ANOTHER ETC.

2018 INSC 750Appeal(s) allowed

The appellants, the Metropolitan of Quilon Diocese and a Vicar appointed by him, sued the parishioners of St. Mary's Church, Kattachira, seeking a declaration that they alone have the right to conduct religious services and manage the church and its cemetery, based on an assignment‑cum‑gift deed …

MR. ANURAG MITTALversusMRS. SHAILY MISHRA MITTAL

2018 INSC 745Appeal(s) allowed

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

M/S KOHINOOR TRANSPORTERSversusSTATE OF UTTAR PRADESH

2018 INSC 731Disposed off

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

M/S KOHINOOR TRANSPORTERSversusSTATE OF UTTAR PRADESH

2018 INSC 731

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

SAMIR NARAIN BHOJWANIversusM/S. AURORA PROPERTIES AND INVESTMENTS AND ANR.

2018 INSC 733Appeal(s) allowed

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

THE CORPORATION OF MADRAS & ANR.versusM. PARTHASARATHY & ORS.

2018 INSC 689Appeal(s) allowed

The respondents filed four suits for permanent injunction over a 3600 sq. ft. land parcel, which the trial court dismissed. In their first appeals they sought and were granted permission under Order 41 Rule 27 CPC to adduce additional evidence, which the appellate court admitted and relied upon to …

VED PAL (D) THROUGH LRS & ORS.versusPREM DEVI (D) THROUGH LRS & ORS.

2018 INSC 692Case Partly allowed

The High Court of Punjab & Haryana disposed of a second appeal in a civil suit on the basis of an alleged compromise, subsequently decreeing the suit. The appellants filed a review petition challenging this disposal, which the High Court dismissed. The Supreme Court held that the High Court had not …

THE STATE OF BIHAR & ORS.versusBIHAR RAJYA BHUMI VIKAS BANK SAMITI

2018 INSC 648Appeal(s) allowed

The appeal arose from a Section 34 petition challenging an arbitral award where the filing party had not issued the prior notice or filed the required affidavit under Section 34(5) of the Arbitration and Conciliation Act, 1996. The Patna High Court had held the provision mandatory and dismissed the …

MRS. KANIKA GOELversusSTATE OF DELHI THROUGH S.H.O. AND ANR.

2018 INSC 622Appeal(s) allowed

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

STATE OF ASSAMversusUNION OF INDIA AND ORS.

2018 INSC 627Disposed off

The State of Assam, in a boundary dispute with the State of Nagaland, sought the production of additional topographical maps from a Survey of India witness during the trial. An earlier order of the Court had already permitted the production of certain maps, but Assam required more documents that …

M/S. HARYANA SURAJ MALTING LTD.versusPHOOL CHAND

2018 INSC 537Disposed off

The case concerned whether an Industrial Tribunal or Labour Court loses its jurisdiction to set aside an ex‑parte award once the award becomes enforceable under Section 17A of the Industrial Disputes Act, 1947. The appellant, Haryana Suraj Malting Ltd., sought to have an ex‑parte award against …

VINUBHAI RANCHHODBHAI PATELversusRAJIVBHAI DUDABHAI PATEL & OTHERS

2018 INSC 521Disposed off

The case concerned an attack in which three persons were killed and five injured, allegedly committed by a group of seventeen accused. The Sessions Court convicted four accused and acquitted the rest, but the charges were found to be improperly framed under CrPC sections 211‑213, lacking specific …

SELVIversusGOPALAKRISHNAN NAIR (D) THR. LRS. AND ORS.

2018 INSC 513Appeal(s) allowed

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 …