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376 judgments · newest first · showing 201–376
The partnership firm R.L. Kalathia & Co. was awarded a contract by the Gujarat State Government to construct the Fulzer Dam. During execution, the Executive Engineer ordered several additions and alterations, for which the contractor performed extra work and later submitted a consolidated claim. The …
The Supreme Court examined a civil appeal arising from a suit for recovery of possession of land. The plaintiffs claimed title based on inheritance, while the defendants asserted ownership either through a purported sale or by adverse possession. The High Court, in a Letters Patent appeal, held that …
The mother of the respondents filed an eviction suit against the father of the appellants, claiming title to a house based on a 1957 sale deed and seeking to evict the defendant as a tenant. The trial court upheld her title but dismissed the eviction because no landlord‑tenant relationship was …
The Supreme Court examined an appeal by Prem Chand and others against a Delhi High Court award of Rs 39,300 per bigha as compensation for land acquired under the Land Acquisition Act, 1894, where the High Court had denied the benefit under Section 23(1A). The Court held that, because the award was …
The appellant, a widowed woman, filed a suit in 1990 seeking declaration of ownership of land inherited from her deceased husband and alleging that a consent decree dated 26‑03‑1985, which transferred the property to the respondents, was procured by fraud. The trial court, after evaluating …
A widow executed a will appointing her nephew as executor, who later created a trust (Vokkaligara Sangha) over the landed property. Disputes arose over ownership, leading to land‑reforms proceedings, a suit for declaration by the trust, and a settlement in which the trust limited its claim to a …
Shree Baidyanath Ayurved Bhawan Pvt. Ltd. entered into a distribution agreement with M/s S. Bhatia Enterprises that contained an arbitration clause designating the court at Jhansi, U.P., as the forum for disputes. Disagreements led to the appointment of two different arbitrators, each issuing an …
The appellants, landowners whose property was acquired under the Land Acquisition Act, 1894, challenged the High Court's restriction of their compensation to Rs.23 per square foot despite its finding that the market value was at least Rs.32.10 per square foot. The High Court had limited the award on …
The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the complainant's evidence was recorded by affidavit. The appellant later sought to have the complainant summoned again for examination in chief, invoking Section 145(2) of the Act, despite the affidavit …
The Andhra Pradesh Public Service Commission (APPSC) appealed against a High Court order that declared the Government Orders (GOMs) of 31‑12‑1997 and the 27‑12‑2007 notification, which used a 1:50 shortlisting ratio irrespective of community, ultra vires Articles 14 and 16 of the Constitution. The …
The appellant, a school, appealed an order of the Director of Pre‑University Education granting promotion to an assistant teacher (respondent No.1). The respondent filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the Director’s …
The Supreme Court examined a long‑running partition suit involving three immovable properties. The parties had agreed to an inter‑party auction without a formal valuation, but the Commissioner of Partition and the Calcutta High Court failed to comply with mandatory provisions of the Partition Act, …
Azhar Sultana entered into a sale agreement with Ramesh Chand Khanna and paid an advance of Rs 30,000. While the agreement was pending, Khanna sold the same property to defendants 5 and 6 by a registered deed, after which the plaintiff filed a suit for specific performance of her original agreement. …
Shakti Tubes Ltd., a contractor for the State of Bihar, entered into a contract for supplying black pipes that contained an escalation clause. Disputing the escalated price, the contractor filed a writ petition in 1994, which was partially admitted in 1995. After serving a notice under CPC s.80, it …
The appellants, B.P. Moideen Sevamandir & Anr, challenged the dismissal of their second appeal by the Kerala High Court after a Lok Adalat failed to secure a settlement. The High Court had refused an adjournment request and dismissed the appeal, citing the appellants' alleged cantankerous behaviour …
The Haryana Urban Development Authority (HUDA) allotted a residential plot to Raj Singh Rana under an allotment letter that stipulated a 7% simple interest rate on instalments of the tentative sale price. After the plot’s acquisition cost was enhanced, HUDA demanded additional payment with interest …
The Supreme Court examined whether a will dated 25‑9‑1981 could be proved under Sections 68 and 69 of the Evidence Act, 1872 and Section 63(1)(c) of the Indian Succession Act, 1925. The will was attested by two witnesses, one of whom had died and the other, Harnek Singh, was alive but was not …
The case concerned a dispute between the union USHA BRECO MAZDOOR SANGH and the management of M/s. USHA BRECO Ltd. over disciplinary action taken against two union leaders. The Labour Court, exercising jurisdiction under s.11‑A of the Industrial Disputes Act, 1947, upheld the validity of the …
The appellant, Om Parkash Batish, owned a residential building and had engaged a casual worker, Ram Lal, for a short period to carry out repair work. While on the roof of an adjoining textile mill, Ram Lal suffered an electric shock and died. The respondents filed a claim for compensation under the …
The appellants challenged the constitutional validity of Sections 54A, 69(4)‑(9) and 98 inserted by amendment to the Rajasthan Excise Act, 1950, alleging that they usurped the jurisdiction of criminal courts, removed the remedy of judicial review and violated Articles 14, 19, 20, 21, 301 and 254 of …
The Supreme Court examined a suit filed by a construction company for specific performance of a development agreement, in which the plaintiff later sought to amend the pleadings to implead a third‑party appellant and to declare a consent decree, issued in a related earlier suit, null and void. The …
The appellant, owner of a cinema theatre, entered into a sale agreement with the respondent for Rs. 94 lakh, of which Rs. 32.97 lakh was paid. The respondent filed a suit for specific performance, relying on a receipt (Ex A.15) for a further Rs. 4.03 lakh and claiming possession of the property. The …
Kalyan Banerjee, an employee of Eastern Coalfields Ltd., was appointed and later terminated in the Mugma area of Jharkhand. He filed a writ petition in the Calcutta High Court challenging his dismissal, arguing that the High Court had jurisdiction because the company's head office is located in West …
Shiv Kumar Sharma and Santosh Kumar entered into a reciprocal agreement to exchange shops, gave each other vacant possession, but the sale deeds were never executed. Santosh Kumar sued for possession of his shop and a permanent injunction; the trial court granted both and the High Court, while …
The respondent, a Branch Manager of UCO Bank, was superannuated on 1 November 1996 after show‑cause notices were issued for alleged irregularities in sanctioning PMRY loans. A charge‑sheet was issued only on 13 November 1998, well after his retirement, and disciplinary proceedings were launched …
The appellants, workmen of Novartis India Ltd., were transferred from Calcutta to other locations and challenged the transfer orders as illegal and motivated by trade‑union activities. While a conciliation proceeding was pending, the employer terminated their services for not obeying the transfers. …
Reliance Salt Ltd (appellant) entered into a consignment agreement with Cosmos Enterprises (respondent No.1) which required the latter to furnish a Rs 5 lakh bank guarantee from Bank of India (respondent No.2). The consignment agent failed to settle the appellant's bills within the stipulated 30‑day …
Sanghamitra Ghosh filed a transfer petition seeking to move a matrimonial suit for restitution of conjugal rights to Bangalore, alleging physical and mental torture by her husband Kajal Kumar Ghosh and his parents, and claiming she was driven out of the marital home with their minor child. Both …
The appellant, Shyamali Das, claimed ownership of land acquired by the West Bengal Housing Board and filed a suit for injunction and declaration of title. She also sought to be impleaded in the reference proceedings under the Land Acquisition Act, but the Land Acquisition Judge dismissed her …
Ku Rashmi Mishra, a qualified candidate for the post of Assistant Registrar in a Madhya Pradesh State University, was not selected among 17 candidates chosen by the State Public Service Commission. She filed a writ petition under Article 226 challenging the selection, alleging favoritism and that …
Indian Bank filed an application before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 to recover a loan amount. While the application was pending, the borrower, ABS Marine Products, sued the bank in the Calcutta High Court for damages …
Two groups of family shareholders in Ram Bahadur Thakur Ltd. filed a petition under Sections 397 and 398 of the Companies Act, 1956, alleging ouster from management. The Company Law Board (CLB) removed the directors, facilitated a family settlement and, on 19 August 1999, passed an order under …
The appellant, a legal representative of an ex‑director of a company that had been liquidated, challenged a Company Judge's order that held all former directors jointly and severally liable for a sum with interest in a misfeasance proceeding. The Company Judge dismissed the appellant's application …
The workman Udai Narain Pandey was engaged on a daily‑wage basis for a fixed tenure by U.P. State Brassware Corporation Ltd. His services were terminated on the expiry of that tenure, but he had rendered more than 240 days of service in the preceding year, making him a "workman" under Section 6‑N of …
The dispute concerned a building owned by the Bangalore Mahanagar Palike that had been leased to Dhanpal and later sold to Doraiswamy through a court‑executed sale deed. Doraiswamy, acting as landlord, filed an eviction suit under the Karnataka Rent Control Act, 1961 on the ground of bona‑fide …
In a partition suit, a final decree directed the 2nd defendant, V. Hutcheswaran, to sell his one‑fifth share of a house to the other co‑owners. While the other parties sold their shares, the 2nd defendant did not. An execution petition filed twelve years after the decree was dismissed as …
The Assam Small Scale Industries Development Corporation (ASIDC) placed orders for medicines with J.D. Pharmaceuticals under the Assam Preferential Stores Purchase Act, 1989, but failed to pay the price despite receiving the goods. J.D. sued for the outstanding amount and interest under the Interest …
The landlord claimed the tenant defaulted on rent from March 1994 and filed an eviction suit under the West Bengal Premises Tenancy Act, 1956. The tenant had tendered the March rent twice in April 1994, but the landlord refused to accept it, prompting the tenant to deposit the rent with the Rent …
The State of Punjab and a lady surgeon were sued by Shiv Ram and his wife for damages after the wife became pregnant and gave birth despite having undergone a tubectomy in 1984. The trial court and the High Court awarded Rs.50,000, holding the State liable for the failed sterilisation. On appeal, …
The case concerned a transaction where the respondents sold a property to the appellants for Rs 45,000 and, on the same day, entered into an agreement for reconveyance of the same property upon payment of the same amount within seven to nine years. The respondents claimed the arrangement was a …
The appellant, a lessor, leased land to the respondent, a tenant, and later filed an eviction petition under the Andhra Pradesh Tenancy Act, 1956, which was initially allowed, giving him possession. The tenant appealed and the Sub‑Collector set aside the eviction, ordered restitution and remanded …
The case concerned an eviction suit filed by a landlord under the Karnataka Rent Control Act against a tenant, H.S. Anand, who had deserted his wife, B.P. Achala Anand, leaving her in the tenanted matrimonial home. The wife sought to be impleaded and to contest the eviction, arguing that she …
The Supreme Court examined a family‑run private company where the board had broadened capital by issuing 15,000 new equity shares, allocating 6,475 to the appellants and reserving 8,000 for the late chairman. The petitioner, a class‑I heir, claimed entitlement to the 8,000 shares and alleged …
Canbank Financial Services Ltd., a subsidiary of Canara Bank, purchased CANCIGO units worth Rs 33 crore from a stock broker (Respondent 2) who had applied for the units through two other banks (Respondents 3 and 4) that held the certificates in their names but transferred possession to the broker. …
The appellant, a tenant, entered into a lease for a shop at Rs 5,000 per month in 1976 and in 1978 applied to the Rent Controller for fixation of a standard rent of Rs 1,350 under Section 9 of the Delhi Rent Control Act, 1958. While the application was pending, the 1988 amendment inserted Section …
The Supreme Court examined a batch of appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) that uniformly awarded interest at 18% per annum in cases of deficiency of service by development authorities. The Court held that the Consumer Protection Act, 1986 has a …
The Supreme Court examined two civil appeals concerning applications under Section 8 of the West Bengal Land Reforms Act, 1955 for enforcement of a statutory right of pre‑emption. The respondents claimed that the applications were barred by limitation, while the appellants argued that Section 5 of …
The appellants challenged the appointment of two Additional Advocate Generals by the Government of Andhra Pradesh, arguing that Article 165 of the Constitution permits only a single Advocate General and that the additional appointments were unconstitutional. The State contended that the appointments …
The plaintiff Krishan Dutt sued for a one‑third share and partition of land that his father had allegedly inherited from his brother‑in‑law after the widow Gangi remarried the brother Bala Ram, invoking a custom of "illaqua" whereby a widow’s property passes to the brother she marries. The …
The Delhi Development Authority (DDA) fixed a market value of Rs 7,50,00,000 for a leasehold plot and demanded Rs 3,62,44,420 as 50% of the unearned increase, which the respondents (heirs of the original sub‑lessee) challenged, arguing that later circulars issued by the Central Government and the …
The appellant challenged the election of the respondent to the Bihar Legislative Assembly on the ground that the respondent was under 25 years of age at the time of filing his nomination, violating Article 173(b) of the Constitution and Section 36(2) of the Representation of the People Act. The High …
The appellant, Ram Chandra Singh, purchased mortgaged land at a court auction after the bank obtained a decree against the mortgagor for defaulting on a loan. The mortgagor and his sister obtained a consent order from the High Court directing payment of the decretal amount in instalments, but the …
Bidesh Singh filed an election petition challenging the election of Maohu Singh on the ground that 258 ballot papers were illegally rejected in Booth No. 35 and sought their inspection and scrutiny. The respondent filed an application under Sections 81, 83 and 86 of the Representation of the People …
The case involved a dispute between the heirs of the late Dwarka Prasad Agarwal and his partner Ramesh Chandra Agarwal over control of the printing press and newspaper business of Dainik Bhaskar. Ramesh Chandra Agarwal allegedly forged a lease, altered the partnership settlement, and took forcible …
The Karnataka Wakf Board challenged two suits filed in 1981 by the State's Education and Agriculture Departments seeking declaration of title over properties that had been notified as Wakf. The Board argued that the suits were barred by the one‑year limitation prescribed in Section 6 of the Wakf …
The landlord, ARM Group Enterprises Ltd., owned premises that were leased to Allenberry & Co., who gave notice of surrender on 31‑Aug‑1953 but failed to hand over vacant possession. The tenant vacated under a compromise decree that reserved the landlord's right to evict any sub‑tenants. The …
The appellants, Sarwan Kumar and another, were heirs of a commercial tenant in a premises governed by the Delhi Rent Control Act, 1958. The landlord, Madan Lal Aggarwal, obtained an ex‑parte decree for ejectment and mesne profits from a civil court, which the appellants challenged on the ground that …
The tenant (R. Kapilnath, deceased, through LRs) occupied a house owned by a temple and paid rent to the temple's pujari, Krishna, who filed an eviction suit under the Karnataka Rent Control Act, 1961. The Munsif Court granted eviction under clause (p) of Section 21(1) but not clause (h); the …
The case arose from a property dispute in which the appellant, Baldev Singh, admitted to having two wives. The first wife, Sarbjit Kaur, sued him for dissolution of marriage and obtained a decree declaring the marriage dissolved. The first respondent, S.M. Sharma, who had complained to the …
Shakuntala, the natural daughter of the deceased Sunda Ram, sued to be declared owner of his property, challenging a registered adoption deed that named Jai Singh as an adopted son. The trial court and two appellate courts held that the adoption was invalid and decreed in favour of Shakuntala. On …
The appellant, a registered charitable society, sought eviction of the tenant under Section 22(d) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises. The tenant denied that the appellant was a public institution and that it required the premises. During trial the …
The appellant-landlord filed an eviction suit against the tenant under Sections 12(1)(a) and 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming default in rent and a bonafide requirement to use the shop for his son’s business. The trial court dismissed the rent default claim …
The appellants, pucca tenants, filed an application under Section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950 seeking reinstatement after being dispossessed, but the revenue authorities dismissed their claim. They subsequently filed a civil suit for declaration of title and …
In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected and the defeated respondent filed an election petition alleging corrupt practices. The petition and its supporting affidavit were drafted in Hindi, contrary to the High Court Rule requiring English, and the …
The appellant, a senior advocate and former legal advisor to a cooperative bank, refused to return the bank's case files after the retainership was terminated, demanding payment of alleged fees of Rs. 97,100. The bank filed a complaint before the State Bar Council, which was transferred to the Bar …
The landlord applied to the Rent Controller under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, seeking eviction of the tenant on the ground of a bona‑fide need to start a Karyana business, despite being unemployed and suffering from asthma. The Rent Controller and the …
The case concerned a piece of land and a building that had been gifted in 1920 as a charitable endowment for a Sikh gurdwara and recorded in the revenue records in the name of "Guru Granth Sahib" in 1928. The respondents, who were the descendants of the original trustees, later claimed that the …
The All India Shia Conference (Branch) and others sued the Andhra Pradesh State Wakf Board seeking a declaration that institutions such as Panjas, Alams, Ashrukhanas, Asthanas and Imambadas were Shia wakfs and not Sunni wakfs. The trial court and the Andhra Pradesh High Court declared all the …
The original landlord filed an eviction suit under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, claiming a bonafide and reasonable requirement for the premises. After his death, his heirs amended the plaint to assert their own requirement of starting a grocery business due to …
Ladu Ram, the landlord, filed an eviction suit against tenant Ganesh Lal under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, alleging default in rent payment but did not seek a separate decree for recovery of arrears. The trial court provisionally determined …
V.S. Achuthanandan, a defeated CPI(M) candidate, filed an election petition against the winning candidate P.J. Francis alleging corrupt practices and illegalities in ballot counting. The Kerala High Court dismissed the petition under Section 83 of the Representation of the People Act read with Order …
The appellant, a civil servant, was found guilty in a departmental enquiry and dismissed from service. He challenged the dismissal by filing a civil suit, which was initially dismissed, but the District Judge later set aside the dismissal order, declaring it illegal. The respondents appealed to the …
The landlord M.S. Zayed sued tenant K. Raghavan for possession of a portion of a house under Section 21(1)(h) of the Karnataka Rent Control Act, claiming a reasonable and bona‑fide need for the premises. The trial court found the landlord's need genuine and granted possession, but the Karnataka High …
The landlord, a partnership firm, sued its former tenant for possession of premises after a 21‑year lease expired. The partnership was unregistered when the suit was filed, raising a bar under Section 69(2) of the Partnership Act. The trial court and High Court held the suit maintainable and granted …
The plaintiffs, sons of a borrower, sued to declare the sale deeds executed by their father null and void, alleging that the transactions violated Section 49 of the Gujarat Co-operative Societies Act because the father had an outstanding loan to the Rampara Seva Sahakari Mandali. The trial court …
The mortgagors filed a suit for redemption of a mortgage and the mortgagee claimed fixation of tenure under Sections 4A(1)(b) and 13 of the Kerala Land Reforms Act, alternatively seeking deemed Kudikidappu rights over three cents of land under Explanation IV to Section 2(25). The trial court …
The appellants filed a suit in 1961 seeking declaration of ownership and possession of certain immovable properties, which was tried under the Portuguese Civil Procedure Code. The trial court prepared an especificacao and questionnaire under Articles 515 and 516, but dismissed the suit. On appeal, …
The Madhya Pradesh Triathlon Association filed transfer petitions under Section 25 of the Code of Civil Procedure seeking relief against the Indian Triathlon Federation and others. The parties had earlier agreed to settle their disputes pursuant to Rule XIX of the Indian Olympic Association (IOA) …
Sh. Punnilal filed a civil suit seeking promotion from shunter to Driver 'C' and obtained a decree in 1984, which was confirmed and led to his promotion in 1986. He then applied under Section 15 of the Payment of Wages Act for back‑wages, and the prescribed authority ordered payment of Rs. 30,220. …
Mansaram, the father of Babula and Parasram, was held by a trial court to be the exclusive owner of a house and the decree became final. He later executed a will bequeathing the property to Babula's descendants (the appellants) and died in 1968. The appellants sued in 1977 for declaration of title …
The Supreme Court examined an appeal by Krishi Utpadan Mandi Samiti challenging the award of additional compensation, enhanced solatium and interest granted by the Allahabad High Court to the respondents under the Land Acquisition Act, 1894. The High Court had applied provisions of the 1984 …
The appellant's land, acquired under a notification issued pursuant to Section 4(1) of the Land Acquisition Act, 1894, was awarded compensation of Rs.10 per square yard by the Reference Court, relying on a Delhi High Court decision in A.N. Bialdari v. Union of India. The High Court had based its …
The landlord, Pralhad Lalchand Chavan, obtained permission from the Rent Controller under clause 13(3)(vi) of the Central Provinces and Berar Rent Control Order to terminate his tenant's lease on the ground of bona‑fide residence. After the permission became final, he served a notice under Section …
Ali Ji Monoji & Co., a lessee, filed a suit for perpetual injunction against the Municipal Corporation of Bombay to stop demolition of alleged unauthorised structures under Section 351 of the Municipal Corporation Act. The municipal corporation issued a demolition notice, and the landlords of the …
The respondent, a government employee, was terminated from service, an order later set aside, leading to a claim for reinstatement and back wages. The Supreme Court examined whether the respondent was entitled to salary for the intervening period during which he was gainfully employed elsewhere, and …
M.R.F. Ltd. had an agreement with the Kerala State Electricity Board (KSEB) to pay electricity charges within 15 days, with interest of 18% per annum on delayed payments. KSEB revised its tariffs in 1980, 1982 and 1984, which were struck down by the Kerala High Court, leading the company to pay only …
The Birla Cotton Spinning and Weaving Mill had earmarked three acres for staff quarters in 1951; after the mill became non‑functional, its employees bought the land for residential use. The land was later included in a planned‑development acquisition under sections 17(1) and 17(4) of the Land …
The appellant, Indian Drugs & Pharmaceuticals Ltd., entered into a contract with respondent No.2 for filling medicine vials, which was terminated on 1 April 1984. After discovering defects in the vials in 1985, the appellant sought reimbursement and invoked the arbitration clause (clause 19) to …
The Supreme Court examined an election petition challenging Dr. (Mrs.) Vimal Mundada’s election to the Maharashtra Legislative Assembly on the ground that she had appealed to voters on religious lines and promoted communal hatred through speeches delivered with her consent, allegedly constituting …
The Karnal Improvement Trust appealed against awards made by the President of a Tribunal under the Punjab Improvement Trust Act, 1922, where the President acted without the two assessors required by s.60(1). The High Court had upheld such single‑member awards based on the earlier decision in Sohan …
Mela Ram died leaving his mother Radha in possession of his property. Radha, a life‑tenant, later gifted and bequeathed portions of the property to her grandson Shiv Dass. The other daughter, Devki, challenged these alienations, claiming that she and her sister Durga were the reversionary heirs …
The legal representatives of the deceased filed an execution petition that was granted by the District Munsif, directing delivery of possession of an undivided property to three decree‑holders. In the subsequent revision before the Madras High Court, only two of the three decree‑holders were …
The State of Punjab acquired land in 1946 and 1965 for paramilitary purposes. An arbitrator awarded compensation in 1972, which was enhanced by the Additional District Judge in 1973 with a 15% solatium and 12% interest. The High Court modified the decree in 1986, applying the Land Acquisition …
Ratan Singh, a Bhoomidar, died leaving 41.49 acres of agricultural land. Under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, the Sub‑Divisional Officer limited the widow's share to 10.38 acres and declared the remainder surplus. The major daughters (appellants) filed a civil suit …
The appellant Jaswant Singh and the respondent Virender Singh contested the 1991 Haryana Legislative Assembly election, with the respondent declared elected. The appellant filed an election petition under Sections 81 and 83 of the Representation of the People Act, 1951 alleging irregularities, …
The Uttar Pradesh Awas Evam Vikas Parishad (the Board), a statutory body acquiring land for a housing scheme, was not impleaded in the compensation proceedings before the tribunal and the High Court. The land owners challenged the compensation awarded, leading to enhanced awards by the High Court, …
The appellant, Mis. Kalimpong Land and Building Ltd., owned a three‑storeyed godown and 4.9 acres of land that were requisitioned by the State of West Bengal in 1964 under the Requisitioning and Acquisitioning of Immovable Property Act, 1952. After a protracted arbitration process that began in 1967 …
The plaintiffs, brothers, partitioned ancestral property by a deed dated 4 December 1952 and thereafter possessed their respective shares. The second plaintiff orally gifted one portion of his share to the first plaintiff. On 6 January 1968 the defendants trespassed, prompting the plaintiffs to file …
The returned candidate Quamarul Islam contested the 1989 Karnataka Assembly election and was challenged by his rival S.K. Kanta on alleged corrupt practices under Sections 123(2), (3), (3A) and (4) of the Representation of the People Act, 1951, including religious appeals and false statements. The …
Saraswati and others filed a suit in a civil court for redemption of a mortgage on agricultural land, alleging that the mortgagee (the father of the original defendant) had taken possession and refused to surrender it. The defendants contended that the civil court lacked jurisdiction under Section …
The Union of India sought to set aside an award that granted solatium (15%) and interest (6%) in a land acquisition case under the Requisitioning and Acquisition of Immovable Property Act, 1952. The land, requisitioned for defence, was initially compensated at Rs 10 per square yard; the Arbitrator …
The State of West Bengal challenged the High Court’s view that auction sales of raiyati interests, made in execution of rent decrees under the Bengal Tenancy Act, could be treated as sales under the Code of Civil Procedure and thus be valid. The Assistant Settlement Officer had revised the record of …
The State of West Bengal issued a notification under the West Bengal Estates Acquisition Act, 1953 covering the tea garden of Singell Tea and Agricultural Industries Ltd., and the Revenue Officer assessed rent. The company contended it was not an intermediary and the land was free‑hold, challenging …
The dispute concerned a 2000‑sq‑yard plot in Bombay whose title was claimed by the heirs of the original owner and by a private limited company that had purchased the shares of the heirs' company. After an eviction decree and a series of undertakings, the petitioners (Devida Yal Rolling Mills) …
A suit filed by 56 members of the public sought a declaration of a customary right to bury the dead on two parcels of land (R.S. Nos. 975/1 and 975/2) and a permanent injunction against 15 defendants, who were the brother‑owners and subsequent purchasers of the land. The trial court decreed in …
The landlord, a retired university comptroller, claimed status as a "specified landlord" under the East Punjab Urban Rent Restriction Act and obtained a decree for eviction of the tenant. The High Court accepted this claim and granted the landlord one month to take possession, subject to the tenant …
In execution of a pre-emption decree, the respondent was given actual possession of 135 kanals and symbolic possession of an additional 62 kanals 13 marlas, which was beyond the decree's terms. The appellants' father filed a declaratory suit in 1965, which was decided in his favour and affirmed in …
Shyam Singh obtained a Rs 34,000 loan from the State Bank of India for a tractor, mortgaging 22 acres of land. After defaulting, the bank invoked Section 10‑B of the U.P. Agricultural Credit Act, 1973 and the Tehsildar attached the tractor, whose estimated value exceeded the debt. Later, under …
The State of J&K filed a writ petition under Article 226 for implementation of a decree that had been modified by a compromise. The High Court issued an ex‑parte interim order on 19‑03‑1990 directing the State to give 50% of the agreed timber upon a bond, and listed the matter for hearing in May …
The respondent, defeated in the 1991 Lok Sabha election, filed an election petition alleging corrupt practices under Sections 123(2), 123(3) and 123(3A) of the Representation of People Act, 1951. The appellant sought dismissal on three grounds: (i) the alleged corrupt acts occurred before he was a …
The decree-holder firm obtained a money decree against a judgment debtor and, during execution, the debtor's agricultural land was attached and auctioned, with the firm emerging as the successful bidder. The heirs of the debtor filed an objection under Section 47 of the CPC, alleging that the sale …
Gulabbai, the landlord, sued Nalin Narsi Vohra and others for vacant possession of a shop and arrears of rent, claiming the tenants were defaulters and that she needed the premises for her husband’s tax‑consultancy office. The trial court and the Additional District Judge held that the tenants were …
The first appellant, married under Hindu law, obtained a divorce decree from a Missouri court on the ground of "irretrievable breakdown" after claiming a 90‑day residence in Missouri, while the parties had actually last lived together in Louisiana. The respondent contested the decree, arguing lack …
Ajudh Raj and others (plaintiffs) challenged an order passed by the Compensation Officer under Section 27(4) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, which granted Moti, the respondent, rights as a sub‑tenant. The plaintiffs claimed Moti was merely a …
The appellants' agricultural land was acquired under the Land Acquisition Act, 1894 and they were awarded compensation they considered inadequate. They filed an application under Section 18 seeking a reference to the Court for enhanced compensation, attaching a schedule of some Khasra numbers but …
In a suit for pre-emption of agricultural land, the Sub‑Judge granted a decree in favour of Shanti Devi, requiring her to deposit four‑fifths of the purchase price by 18 Nov 1968. She deposited the amount on 19 Nov 1968 due to administrative delays. The Sub‑Judge held that the failure to deposit on …
The tenant, Rai Chand Jain, leased a house from landlady Chandra Kanta Khosla for residential purposes, but later operated a printing press (M/s Navneet Prakashan) from the premises. The landlady sought eviction on grounds of non‑payment of rent, change of use, and her bona‑fide requirement for the …
The President of India referred a complaint under Article 317(1) to the Supreme Court alleging that a member of the Punjab Public Service Commission, G.K. Saini, slapped the Chairman, Santosh Chowdhary, without provocation. After extensive evidence, including affidavits of the Chairman, three other …
The Life Insurance Corporation of India (LIC) acquired two properties on Mount Road, Madras, which had been leased to India Automobiles. LIC applied to the Rent Controller for fixation of fair rent, but the tenants argued that the lease covered only vacant land and that the superstructures they …
The appellant sought a declaration that certain properties belonged to a joint family and that a trust over them was void. A receiver was appointed with an injunction restraining any "transfer" of the properties. Grindlays Bank, the original tenant of four flats, surrendered two flats to Tata …
The appellant, a co‑owner of an undivided family dwelling, sued to restrain the sale of his brother's half‑share to a stranger and to prevent the stranger from taking possession. The trial court granted an interim mandatory injunction, but the Bombay High Court set it aside, holding that the facts …
The appellant, Subhash Chandra, inherited a tenancy originally created by a lease deed (Ext. P.20) between Navinchand and his father Misri Lal. Navinchand later sold the property to the respondents, who terminated the tenancy and sued for eviction. The appellant defended by claiming that the …
The case concerned a joint Hindu Mitakshara family where Bhiku died leaving his widow Parvati and son Balu. Balu also died, leaving his widow Lilabai, who later remarried and gave birth to a posthumous daughter, Ashabai, the appellant. Parvati adopted Vithal in 1949, and Ashabai sued for possession …
The firm Ganpat Ram Rajkumar was ordered by the Supreme Court to vacate a shop in Narnaul within six months, on the condition that it filed a "usual undertaking" confirming possession and delivery of vacant possession. The firm failed to file any undertaking and did not vacate the premises. The …
Ten non‑Greek seamen of the foreign vessel M.V. "Vali Pero" sued the ship’s owners for unpaid dues. The defendants’ witnesses were examined on commission, but their depositions lacked the witnesses’ signatures, a requirement under Rule 4 of the Calcutta High Court Rules, 1914. The Calcutta High …
The appellant, a government servant, was dismissed by the Collector on 13 January 1966 and his appeal to the Divisional Commissioner was dismissed on 31 August 1966. He filed a suit on 30 September 1969 seeking a declaration that the dismissal was inoperative, but the trial court and the High Court …
The Prabha Manufacturing Industrial Co‑operative Society was allotted an "industrial plot" with a self‑constructed shed by the Custodian of Evacuee Property in 1949. The Society later sought a permanent allotment, but the Custodian sold the land at auction in 1960 to the predecessor of Banwari Lal. …
The Gujarat Water Supply & Sewerage Board entered into contracts with Unique Erectors for a water‑supply scheme and later referred disputes arising under clause 30 of the contract to arbitration. A sole arbitrator was appointed, decided the arbitrability of the claims, and issued a lump‑sum award on …
The petitioners sought a writ under Article 32 of the Constitution, claiming that the management of the Sawai Man Singh II Museum Trust by its Chairman, Lt. Col. Sawai Bhawani Singh, violated public interest and their fundamental rights under Articles 21, 49 and 51A(f). The Court held that the …
The National Agricultural Cooperative Marketing Federation of India Ltd. entered into two contracts with Swiss firm Alimenta S.A. for groundnut supplies, but a government export ban prevented performance. The first contract contained an arbitration clause, leading Alimenta to invoke arbitration …
The appellant, a tenant of a Nohara, was sued by the landlord for rent recovery and eviction, alleging default and material alteration after the tenant raised the walls. The trial court found no arrears and held that the wall‑raising was with the landlord's consent and did not amount to a material …
The landlord filed a suit for possession of premises under the West Bengal Premises Tenancy Act, 1956. The tenant filed a written statement but later failed to comply with court orders to deposit rent and his defence was struck out under s.17(3) of the Act. The tenant appealed, contending that even …
The appellant, a former employee of the respondent firm, resigned in May 1983 and applied for payment of gratuity, which the employer failed to determine. The statutory controlling authority quantified the gratuity at Rs.16,380 and ordered payment of 9% compound interest under Section 8 of the …
The Supreme Court examined affidavits filed in a contempt petition where the complainant alleged non‑compliance with a prior court order. Both the complainant’s affidavit and the accused’s reply affidavit were found to be vague, lacking specific facts, and not verified in accordance with Order XI …
The landlord sought eviction of the tenant under sections 14(1)(a) and 14(1)(b) of the Delhi Rent Control Act, 1958, alleging that the tenant had part‑ended possession of a residential‑cum‑commercial premises by allowing his sons to run a tent‑house business there. The tenant contended that he …
Two mortgages were created in 1925 and 1928 over certain land. In a 1947 suit, the mortgagors obtained a preliminary decree for redemption and, after default, a final decree for sale, but the mortgagee never executed the sale and retained possession. In 1968 the mortgagor‑heirs filed a second suit …
The plaintiff, a former partner, sued his brothers for dissolution of a partnership and for accounts, alleging they had excluded him and falsified a partnership deed. He valued the suit at a nominal Rs.150 (Rs.50 each for declaration, accounts, and profit) and paid the corresponding court fee. The …
The Supreme Court examined whether a further revision by a High Court under Section 115 of the Code of Civil Procedure is permissible against a District Court's revisional order made under Section 20 of the Kerala Buildings (Lease & Rent) Control Act, 1965. Earlier decisions – Aundal Ammal v. …
The plaintiff, a tenant, engaged an advocate to file a Special Leave Petition in the Supreme Court against an eviction order. The petition was dismissed as withdrawn, and the plaintiff sued the advocate for negligence and misconduct, claiming damages. The plaintiff died during the suit, and his …
Vinod Kumar Singh, who scored 54.4% in his LL.B., was denied admission to the M.A. Law programme of Banaras Hindu University because the university required a minimum of 55%. He filed a writ petition. The Allahabad High Court Division Bench pronounced a judgment in open court on 28 July 1986 …
The Trustees of the Port of Bombay, a local authority, leased a plot to Mustafa Husein in 1945 on a monthly tenancy and he erected a permanent godown. In 1958 Husein sub‑let the godown to Maneklal & Sons, who thereafter occupied it. The Trustees obtained a decree for eviction against Husein’s heirs, …
The landlady (respondent No.1) leased a house in Chandigarh to Haryana Milk Food Corporation (respondent No.2) for the residence of its General Manager, R.P. Malhotra, who signed the lease on behalf of the corporation. After Malhotra left the corporation, the landlady stopped accepting rent and …
The appellant, B.R. Mehta, had been a tenant of a house in Kalkaji since 1968. In 1978 his wife, a government teacher, was allotted a separate government quarter, which she later vacated and rejoined the family home. The landlord sought eviction of the appellant under Section 14(1)(h) of the Delhi …
The Delhi Rent Controller ordered the eviction of tenant Kash! Ram in October 1960 on the ground of the landlord's bona‑fide requirement. The landlord's applications for permission to execute the order under Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 were dismissed in 1963, …
The case concerned a long‑standing tenancy that began in 1932, where the rent was progressively increased from Rs.16 to Rs.60 in violation of the Bihar Buildings (Lease, Rent and Eviction) Control Act. After the landlord, who became the Karta of the joint family, served a notice of termination, the …
The dispute concerned the inheritance of immovable and movable property of a deceased father and was referred to arbitration. The arbitrator's award directed payment of sums and stipulated residence rights, but did not actually create or extinguish any right in the immovable property. The first …
The Supreme Court examined two Special Leave Petitions arising from a writ petition that alleged tampering of MD (Gynaecology) examination grade sheets to favour the daughter of the then Chief Minister of Maharashtra. The trial judge had held that the tampering was done by Dr. Rawal at the behest of …
Jagdish Sugar Mills, a liquidated public company, was ordered to pay arrears of cane‑cess and its mills were attached and auctioned on 10 November 1955. The sale certificate under Rule 285‑M of the U.P. Zamindari Abolition and Land Reforms Rules was issued on 4 July 1956, after objections were …
Anchor Pressings Ltd. was assessed to income‑tax for AY 1963‑64 without claiming the rebate under s.84 of the Income‑Tax Act. After the assessment, the company applied under s.154 for rectification of the order to obtain the s.84 relief, but the Income‑Tax Officer and the Commissioner rejected the …
Kishan Singh's agricultural land was allotted under the Uttar Pradesh Consolidation of Holdings Act and the allotment became final under section 23. After Kishan's death, Malkhan Singh claimed to be his adopted son to inherit the land, while other claimants denied the adoption. The consolidation …
The appellants, Zafar Khan and others, claimed possession of land based on a decree under the U.P. Tenancy Act and later asserted they were bhumidars under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The respondents, having become adhivasis under the same Act, regained possession …
Dharmesh Prasad Verma appealed against the election of Faiyazal Azam to the Bihar Legislative Assembly, alleging that Azam committed a corrupt practice under Section 123(5) of the Representation of the People Act, 1951 by procuring a jeep from his friend Kabir Ahmed and using it to convey voters to …
Jagdish Prasad, a tenant, was evicted by his landlord Angoori Devi on the allegation that he had sub‑let the premises to Pavan Trading Company. The trial court presumed sub‑letting solely from a photograph showing the son of the trading company’s proprietor in the shop, and ordered eviction. The …
The appellant challenged the election of the second respondent from a Scheduled Tribes reserved assembly constituency, alleging that the respondent falsely claimed to belong to the Konda Reddy Scheduled Tribe and had obtained a fraudulent community certificate. The Returning Officer had accepted the …
Dr. S.A. Johari, an honorary surgeon attached to Dr. Amonkar Hospital, occupied a small cabin within the hospital premises and paid a monthly compensation. The Amonkar family, owners of the premises, gave notice terminating his attachment and sought his eviction. Johari filed a suit claiming he was …
The landlord, Ratan Lal, sought to evict his tenant, Ravi Dutt Sharma, under section 14(1)(e) of the Delhi Rent Control Act, 1958. He had earlier applied for permission under section 19(1)(a) of the Slum Areas (Improvement and Clearance) Act, 1956, but the application was dismissed. The tenant …
Mrs. Dorothea Mitra obtained a decree of divorce in 1962 granting her permanent alimony of Rs.300 per month until remarriage, under Section 37 of the Special Marriage Act, 1954. The husband, Prafulla Kumar Mitra, died in 1965 without providing for the decree in his will, and the executrix failed to …
The mortgagor, Sardar Govindrao Mahadik, mortgaged his house to Devi Sahai and later agreed to sell it to the mortgagee, but the sale deed was never registered. The mortgagee claimed protection under Section 53A of the Transfer of Property Act, arguing that his possession and a Rs 1,000 payment for …
The appellant, a land‑holder under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, challenged a Collector’s order that allotted him twelve units of land, although he had claimed fifteen. The State of Bihar neither appealed the Collector’s order nor filed …
The appellants were cultivating tenants occupying land owned by the respondents, who sought eviction on the ground of rent arrears for 1958‑59, 1959‑60 and 1960‑61. The Revenue Divisional Officer (RDO) determined the arrears, granted the tenants six weeks to pay, and in the same order stipulated …
The respondent borrowed money from the appellant and executed a nominal sale deed and rent note for a house, claiming the documents were a sham and that the rent represented interest. The appellant sued in the Court of Small Causes for rent recovery, which decreed that the documents were a genuine …
The case concerned a sale of a portion of a block of houses in Rae Bareli by Parmeshwar Din Misra (defendant No. 2), who claimed exclusive ownership, to K.C. Kapoor (appellant). The plaintiff‑mother and her two grand‑sons challenged the sale, alleging that the property was joint Hindu family …
Syed Israr Masood, a forest contractor, won an auction for two forest coupes in August 1960, paying an earnest money and the first instalment. Upon inspecting the coupes he discovered that the quantity and quality of timber were far less than advertised, and a substantial portion of the marked trees …
A suit for partition of immovable property filed in 1938 in the Munsiff Court at Parappanangadi resulted in a preliminary decree in 1940 and lay dormant for over two decades. After a 1956 High Court order redefining territorial limits, the property fell under the jurisdiction of the Munsiff Court at …
The appellant, a tenant, was sued for eviction by the respondents under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 on grounds of personal requirement (to open a clinic) and alleged rent default for three months. The trial court ordered eviction, and the appellate court …
Lallubhai Jogibhai Patel was detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 30 January 1980. He filed a writ petition (No. 449 of 1980) under Article 32 challenging the detention, which was dismissed. After the dismissal he raised …
The Supreme Court considered two distinct matters. In Official Liquidator v. Lakshmikutty, the Court held that Section 529 of the Companies Act, 1956 incorporates the set‑off rule of Section 46 of the Provincial Insolvency Act, so that where a creditor and a company in winding up have mutual …
The appellant obtained a money decree from the Small Causes Court in 1953 and, under Section 39(1)(d) CPC, had it transferred to the Munsif Court for execution. The Munsif Court sold the immovable property in execution of the decree, and the purchaser later sold it to the respondents. The …
The appellant sought compensation for land acquired by the State of Bihar and was awarded Rs. 20,231.67, which he contested as being far below the market value of Rs. 2,80,000. The matter was referred to a three‑member arbitration board, which confirmed the compensation award. The appellant …
The case concerned a suit for possession of a house in Bikaner, claimed by Bhim Singh and Himmat Singh (plaintiffs) on the basis of a patta issued in their names, while the defendant Kan Singh asserted ownership as a surviving coparcener and alleged the transaction was benami. The trial court held …
Northern India Caterers (India) Ltd., which runs a hotel and restaurant, challenged a Delhi sales‑tax assessment on the ground that meals served to casual diners were taxable as a sale. The Supreme Court had earlier held that such service was not a sale because diners could not take away unconsumed …
The plaintiff, who inherited a building leased to the defendant in 1940, served a notice to quit and filed an eviction suit in March 1964, relying on the exemption in Section 30(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In June 1964 the Amendment Act removed that exemption …
The appellants, Mathadhipatis of several Mutts in South Kanara, challenged notices demanding contributions under the Madras Hindu Religious and Charitable Endowments Act, 1951 after the district was transferred to Mysore (Karnataka) by the States Reorganisation Act, 1956. They argued that the Mysore …
A large number of suits involving a religious community in Kerala were pending in various courts. The High Court and the State Government selected eight significant suits and created an Additional District Court to try them. After evidence was recorded, an application under Section 24(1)(b) of the …
The plaintiff, an intermediary landlord, sued the respondents, tenants‑at‑will, for possession of agricultural land after a notification under Section 3 of the Bihar Land Reforms Act, 1950 had vested the plaintiff's estate in the State. The trial court held the plaintiff was in "khas" possession and …
