Limitation Act

The respondents filed a suit for declaration of title, possession and permanent injunction, and an ex‑parte decree was passed against the appellants. The appellants only learned of the decree when execution proceedings began and filed an application under Order IX Rule 13 of the CPC on 8 July 1988, claiming it was with…

The Supreme Court examined a second appeal in which the original appellant and two respondents had died during its pendency. No application under Order XXII Rules 3(2) and 4(3) of the Code of Civil Procedure, 1908 was filed to substitute their legal representatives within the prescribed 90‑day period. The Court held th…

The Supreme Court examined whether the day on which a magistrate orders remand under Section 167(2) of the Code of Criminal Procedure, 1973 should be counted in the 60/90‑day period prescribed for filing a charge‑sheet, the expiry of which gives an accused an indefeasible right to default bail. Relying on the earlier d…

The Karnataka State Financial Corporation (KSFC) recovered a debt from Hoysala Thermo Farmers Pvt. Ltd. and, after default, auctioned agricultural land (Sy. No.67) belonging to the managing director, G.M. Krishna. The appellant, R. Raghu, purchased the land at the auction and later obtained a sale certificate as truste…

The Supreme Court examined whether Section 23 of the Travancore‑Cochin High Court Act, which provides that a Chief Justice must refer a matter to a third judge when two judges of a division bench disagree, survives the repealing provision of Section 9 of the Kerala High Court Act and whether it is a special provision t…

The plaintiffs, M. Venkatesh and others, claimed ownership of land acquired by the Bangalore Development Authority (BOA) under the Land Acquisition Act, 1894, asserting settled possession and adverse possession of the vacant parcels after demolition of structures. BOA contended that the land vested in it following the …

The Postal Department (Office of the Chief Post Master General) appealed against a High Court order denying concessional postage rates to Living Media India Ltd. The High Court had allowed the company's writ petitions, and the Department filed special leave petitions (SLPs) in the Supreme Court after a delay of 427 day…

The appellant, a construction contractor, entered into a contract with the Government of Maharashtra for earth work on a canal, which was not completed within the stipulated 18 months and required several extensions. After disputes over payment arose, the contractor sought appointment of an arbitrator under the contrac…

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

The appellant, Mukesh, filed a suit claiming ownership and long possession of a small parcel of land in Madhya Pradesh and obtained a compromise decree confirming his pre‑existing right. The decree was used to seek mutation of the land in his name, but the Collector of Stamps levied stamp duty on the basis of Article 2…

The respondents obtained an ex‑parte decree for ejectment and recovery of rent from the appellants. The appellants filed, on the same day, an application under Order IX Rule 13 of the CPC and an application under Section 17 of the Provincial Small Cause Courts Act, 1887, seeking permission to deposit or furnish securit…

Satish Jain sued the State of Madhya Pradesh and a private defendant for declaration, permanent and mandatory injunctions over land owned by the State but allegedly possessed by the private defendant through adverse possession. The trial court had earlier passed an ex‑parte decree in favour of the plaintiff, which was …

Birla Technologies developed software modules for Neutral Glass, which later complained of deficiencies. The respondent filed a consumer complaint alleging deficiency in services. The State Consumer Commission dismissed it, holding the respondent was not a consumer. The National Commission reversed part of that decisio…

The Supreme Court examined the acquisition of agricultural lands by the Karnataka State Government for Trinity House Building Co‑operative Society, which had hired a middleman, M/s Srinivasa Enterprises, to secure the acquisition in its favour. The Court found that no housing scheme had been framed or approved by the G…

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

National Spot Exchange Ltd (NSEL) filed a claim of Rs.673.85 crore against Dunar Foods Ltd in the insolvency proceedings initiated by the State Bank of India. The Interim Resolution Professional (IRP) rejected the claim on the ground of no privity of contract and no guarantee, a decision upheld by the NCLT. NSEL appeal…

The appellant (KCPL) challenged a Section 9 petition filed by the respondent (Vijay Nirman) which sought to treat an arbitral award as an undisputed operational debt. The award, favouring the respondent, was under challenge in a Section 34 petition under the Arbitration and Conciliation Act. The Supreme Court held that…

The plaintiff, Tribhuvansankar, purchased a property and sued the defendant, Amrutlal, under the Madhya Pradesh Accommodation Control Act, 1961 for eviction and mesne profits. The defendant denied any landlord‑tenant relationship and pleaded adverse possession, claiming 18‑19 years of uninterrupted possession. The tria…

The appellants' lands were acquired under the Land Acquisition Act, 1894 for a gas compressor station, with compensation awarded at Rs. 69 per square metre. They challenged the acquisition and award in a writ petition, which the High Court dismissed on 7 August 2012 but reserved liberty to seek enhanced compensation. A…

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

Raj Kumar Shivhare was penalised under the Foreign Exchange Management Act, 1999 (FEMA) for receiving unauthorized foreign payments and was ordered to deposit a penalty of Rs.2 crore. He appealed the Appellate Tribunal's order refusing dispensation of the pre‑deposit of penalty, but the Tribunal upheld the requirement.…

The Haryana Urban Development Authority (HUDA) lost a civil suit and its first appeal, and subsequently filed a second appeal in the High Court after a delay of 1,942 days. HUDA sought condonation of this delay under Section 5 of the Limitation Act, arguing that its lawyer’s negligence caused the lapse. The High Court …

The plaintiffs, sisters and co‑owners of ancestral land, alleged that their brothers fraudulently executed a registered sale deed in 1996, forging their signatures and thumb impressions, and transferred the property without their knowledge. Upon discovering the fraud in late 2012, they filed a suit for declaration and …

The plaintiffs filed a suit for a declaration that they were entitled to commissions and incentives from the defendant company. The defendants filed a written statement in 1994 and, in 1998, sought to amend it to claim a decree of Rs 4,19,509.43 and interest, essentially raising a set‑off claim. A single High Court jud…

Jai Prakash Associates Ltd. (JAL) entered into a contract with Tehri Hydro Development Corporation Ltd. (THDC) that contained General Conditions of Contract (GCC) clauses 50 and 51 expressly prohibiting any interest on monies due. An arbitral tribunal under the Arbitration and Conciliation Act, 1996 awarded the appella…

The appellant, Bhaven Construction, entered into a contract to manufacture and supply bricks that contained an arbitration clause. It unilaterally appointed a sole arbitrator, who dismissed Respondent No.1's Section 16 challenge to his jurisdiction. Instead of using the statutory remedy under Section 34, Respondent No.…

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

In a partition suit, the suit property was ordered to be sold by public auction. J.S. Exim Ltd., the highest bidder, paid 25% of the bid amount by demand drafts on the auction day and the remaining 75% within the statutory period. The judgment debtor, Ram Karan Gupta, challenged the sale alleging non‑compliance with Or…

The appellants filed a suit for specific performance but initially paid only a deficient court fee. After multiple representations and condonation of delay, the trial court allowed the deficit fee to be paid well beyond the limitation period. The second defendant, a pendente‑lite purchaser, was impleaded and challenged…

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

The petitioner filed Special Leave Petition (SLP) No.7735 of 2010 against respondent Surjit Singh, who had actually died on 09‑06‑2009, a fact discovered only later. The petitioner then moved Interlocutory Application (I.A.) No.2 seeking substitution of the deceased respondent’s legal representatives and I.A. No.3 seek…

The Supreme Court examined appeals by Mahalaxmi Co‑operative Housing Society Ltd. against a High Court order that set aside trial‑court orders allowing the society to record a pursis (settlement) under Order XXIII Rule 3 of the CPC in two civil suits concerning land ownership. The Court held that the pursis was valid b…