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Limitation Act, 1963

983 judgments · newest first · showing 201–400

SABU BASIRBHAI ISMAILBHAIversusSALIM IBRAHIM KHOTA(FODA)

53-ALLOWED / GRANTED @ ADM.STAGE

The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 101‑day delay in filing a first appeal. The insurance company respondent did not appear. The applicant’s counsel argued that the delay was due to genuine reasons and not deliberate. The court emphasized …

RYAN RODRIGUESversusTHE STATE OF MAHARASHTRA AND ORS

Disposed Off

The petitioner, Ryan Rodrigues, filed a writ petition in the Bombay High Court challenging a criminal matter. The petitioner, through counsel, sought permission to withdraw the petition and instead pursue a revision application before the Sessions Court. The Court considered whether such a …

NEETU VISHAL PINJANI AND ORSversusSTATE OF MAHARASHTRA

Disposed Off

Petitioners Neetu Vishal Pinjani and others filed a writ petition in the Bombay High Court challenging the State of Maharashtra. They sought permission to withdraw the petition and instead file a revision application before the Sessions Court. The Court, after hearing counsel, granted leave to …

THE PROPERTY COMPANY (P) LTD.versusROHINTEN DADDY MAZDA

2026 INSC 33Appeal(s) allowed

The respondent, a beneficiary of shares bequeathed by his mother, sought registration of the transmission of those shares after the company refused to register them. The refusal triggered an appeal under the erstwhile Companies Act, 1956, which the respondent failed to file within the prescribed …

MUSLIMVEETIL CHALAKKAL AHAMMED HAJIversusSAKEENA BEEVI

2026 INSC 35Appeal(s) allowed

The plaintiff‑appellant, Muslimveetil Chalakkal Ahammed Haji, sought specific performance of a 2007 agreement to purchase a 1/11th share of a three‑acre school property from the defendant‑respondent, Sakeena Beevi, who was one of nine heirs. After the death of the father, the heirs executed an …

Mustafa @ Md. MustafaversusThe State Of Bihar and Ors

ALLOWED

The petitioner, Mustafa, purchased a disputed plot of land and obtained mutation in his name. The opposite parties claimed ownership and initiated proceedings under Section 144 of the CrPC, which were later converted to a Section 145 proceeding on 5 September 2013. Mustafa filed a criminal revision …

India through Senior Divisional Engineer,versusM/s Mahnar Infratech Pvt. Ltd.

DISMISSED

The Union of India appealed against a district judge’s order rejecting its application under Section 34(1) of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award on the ground of limitation. The dispute turned on whether the limitation period for a Section 34 application begins …

Bhola Prasad Sah and OrsversusThe State Of Bihar and Ors

DISPOSED

The petitioners, Bhola Prasad Sah and others, filed a criminal writ petition seeking to quash FIR No.421 of 2017, which alleged offences under IPC sections 341, 323, 379, 354, 427 read with 34. The police had completed investigation, filed a charge‑sheet and the Additional Chief Judicial Magistrate …

VIKRAM BHALCHANDRA GHONGADEversusTHE STATE OF MAHARASHTRA & ORS.

2025 INSC 1283Appeal(s) allowed

The appellant, a legal heir of the original plaintiffs, sought execution of a 2006 decree that declared an agricultural land allotment to the defendants illegal. The defendants (Nos. 4 and 5) had appealed the decree, but both died before the appeal was heard, and their legal heirs were never brought …

M/S ALCHEMIST HOSPITALS LTD.versusM/S ICT HEALTH TECHNOLOGY SERVICES INDIA PVT. LTD.

2025 INSC 1289Dismissed

The appellant, a private hospital, entered into a software implementation agreement with the respondent, a digital health‑technology firm, which contained Clause 8.28 purportedly providing for arbitration. After repeated technical failures, the appellant invoked the clause and sought appointment of …

DHARMRAO SHARANAPPA SHABADI AND OTHERSversusSYEDA ARIFA PARVEEN

2025 INSC 1187Appeal(s) allowed

The plaintiff, Syeda Arifa Parveen, claimed ownership of 24 acres of agricultural land on the basis of being the sole daughter of Khadijabee and of an oral gift (hiba) of 10 acres made by her mother. The trial court rejected the oral gift but granted her a 3/4 share of the remaining land, while the …

RAJUL MANOJ SHAH ALIAS RAJESHWARI RASIKLAL SHETHversusKIRANBHAI SHAKRABHAI PATEL & ANR.

2025 INSC 1109Appeal(s) allowed

The appellant filed a suit in 2012 seeking a declaration that her sister‑in‑law could not sell a jointly owned bungalow and that an agreement to sell dated 21‑10‑2011 was void. After the sister‑in‑law died, the court substituted a Nazir as defendant No.1. In 2021 the respondent (defendant No.2) …

SHANTI DEVI (SINCE DECEASED) THROUGH LRS. GORANversusJAGAN DEVI & ORS.

2025 INSC 1105Dismissed

The plaintiffs claimed a one‑third share in agricultural land and sought a permanent injunction and joint possession, alleging that a sale deed dated 14‑06‑1973 was fraudulent and void because they never executed it and received no consideration. The trial court dismissed the suit as time‑barred; …

GEOJIT FINANCIAL SERVICES LTD.versusSANDEEP GURAV

2025 INSC 1021Appeal(s) allowed

Geojit Financial Services Ltd. filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. The Bombay High Court dismissed the appeal, holding that the three‑month limitation period began on the date the award was received because the …

SEVENTH DAY ADVENTIST SENIOR SECONDARY SCHOOLversusISMAT AHMED AND OTHERS

2025 INSC 984Dismissed

The tenant (appellant) occupied a flat in Kolkata and was served a summons for eviction on 29 September 2022. He filed applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, together with a Section 5 Limitation Act application, 17 days after the statutory 30‑day …

KISHUNDEO ROUT & ORS.versusGOVIND RAO & ORS.

2025 INSC 956Dismissed

The plaintiffs filed a title suit in 1999 seeking cancellation of a sale deed and possession of the property. The trial court dismissed the suit, and the plaintiffs appealed; the First Appellate Court, however, introduced a new issue of adverse possession—never pleaded in the plaint—and decreed in …

ODISHA STATE FINANCIAL CORPORATIONversusVIGYAN CHEMICAL INDUSTRIES AND OTHERS

2025 INSC 928Appeal(s) allowed

The Odisha State Financial Corporation (OSFC) financed a bleaching powder unit that defaulted, leading to its possession of the unit and subsequent litigation. Respondent Vigyan Chemical Industries sued the defaulting borrower and later impleaded OSFC, claiming repayment with interest calculated …

IL & FS FINANCIAL SERVICES LIMITEDversusADHUNIK MEGHALAYA STEELS PRIVATE LIMITED

2025 INSC 911Appeal(s) allowed

The appellant, IL & FS Financial Services Ltd., entered into a term loan agreement with the respondent, Adhunik Meghalaya Steels Pvt. Ltd., in 2015, which became a non‑performing asset on 1 March 2018. The appellant filed a Section 7 application under the Insolvency and Bankruptcy Code on 15 January …

SMT. ARIFA & ORS.versusABHIMAN APARTMENT COOPERATIVE HOUSING SOCIETY LTD. & ORS.

2025 INSC 875Dismissed

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

BINOD PATHAK & ORS.versusSHANKAR CHOUDHARY & ORS.

2025 INSC 842Case Partly allowed

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

M/S DHANBAD FUELS PRIVATE LIMITEDversusUNION OF INDIA & ANR

2025 INSC 696Dismissed

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

THIRUNAGALINGAMversusLINGESWARAN & ANR.

2025 INSC 672Appeal(s) allowed

The appellant filed a suit for specific performance of a sale agreement, but the trial court passed an ex‑parte decree after the defendants stopped appearing. The defendants later obtained condonation of delay for earlier applications under Order IX Rule 13, but the Supreme Court dismissed those …

TATA STEEL LTD.versusRAJ KUMAR BANERJEE & ORS.

2025 INSC 639Appeal(s) allowed

The appellant, Tata Steel Ltd., had its resolution plan for Rohit Ferro‑Tech Ltd. approved by the NCLT on 7 April 2022. A minority shareholder, Respondent No. 1, filed an appeal to the NCLAT on 23‑24 May 2022, seeking condonation of delay beyond the 30‑day statutory period. The dispute centered on …

SAROJ SALKANversusHUMA SINGH & ORS.

2025 INSC 632Dismissed

The appellant, Saroj Salkan, filed a partition suit under Section 6 of the Hindu Succession Act seeking division of five properties inherited from her father, Major General Budh Singh, against the legal heirs of her brother and sister. The Single Judge of the Delhi High Court dismissed the suit …

SHANMUGAM @ LAKSHMINARAYANANversusHIGH COURT OF MADRAS

2025 INSC 619Dismissed

The Supreme Court examined a criminal contempt case where three appellants were accused of forging and using bogus interim orders of the Madras High Court to obstruct the execution of a decree. The High Court had convicted them of contempt and sentenced each to six months’ imprisonment, based on …

SANTOSH DEVIversusSUNDER

2025 INSC 627Dismissed

The petitioner, Santosh Devi, filed a suit in 2012 seeking cancellation of a sale deed and related mutation, alleging that the deed was obtained through fraud. The trial court dismissed the suit on the ground of limitation, a decision affirmed by the first appellate court and the High Court. The …

P. KUMARAKURUBARANversusP. NARAYANAN & ORS.

2025 INSC 598Appeal(s) allowed

The appellant, P. Kumarakurubaran, was assigned a vacant site in 1974 and executed a power of attorney in 1978 for construction. His father later sold the property in 1988 to the defendant without authority, which the appellant discovered in 2011 and filed a land‑grabbing complaint. In 2014 he …

RAJEEV GUPTA & ORS.versusPRASHANT GARG & ORS.

2025 INSC 552Appeal(s) allowed

The plaintiffs, heirs of Dr. Karam Chand, sued the appellants for cancellation of two 1992 sale deeds and recovery of possession of a family house, alleging that the deeds were void because the vendor, Ramesh Chand, had no title and that a will favouring the plaintiffs had been admitted in earlier …

KANCHHUversusPRAKASH CHAND & ORS.

2025 INSC 542Appeal(s) allowed

The appellant filed a civil suit in 1987 seeking cancellation of a sale deed, but the respondents repeatedly obtained adjournments and were eventually set ex parte, leading to a decree in 1991. The respondents later filed applications under Order IX Rule 13 and the Limitation Act, which were …

ADAVYA PROJECTS PVT. LTD.versusM/S VISHAL STRUCTURALS PVT. LTD. & ORS

2025 INSC 507Appeal(s) allowed

The appellant and respondent No.1 formed an LLP governed by an agreement containing an arbitration clause (Clause 40). Disputes arose over the ITF project, and the appellant issued a Section 21 notice of arbitration only to respondent No.1 and filed a Section 11 application appointing an arbitrator, …

JHARKHAND URJA UTPADAN NIGAM LTD. & ANR.versusM/S BHARAT HEAVY ELECTRICALS LIMITED

2025 INSC 533Dismissed

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

R. NAGARAJ (DEAD) THROUGH LRS. AND ANOTHERversusRAJMANI AND OTHERS

2025 INSC 478Appeal(s) allowed

The appellants challenged a High Court order that remanded a suit to the trial court for a fresh trial on the issue of limitation, despite both the trial court and the first appellate court having held the suit hopelessly barred by limitation. The dispute arose from a family property that had been …

THE NEW INDIA ASSURANCE CO. LTD.versusGOPU & ANR.

2025 INSC 511Appeal(s) allowed

The deceased, a junior public health nurse, died in a 2000 motorbike accident. Her husband and two minor children filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accidents Claims Tribunal awarded Rs.6,53,000. After ten years, the children alone appealed to the …

A. RAJENDRAversusGONUGUNTA MADHUSUDHAN RAO & ORS.

2025 INSC 447Dismissed

The appellant, a shareholder and suspended managing director of a corporate debtor, filed two appeals under Section 60(5) of the Insolvency and Bankruptcy Code (IBC) against orders of the National Company Law Tribunal (NCLT) without first applying for condonation of delay. The appellant argued that …

NEW MANGALORE PORT TRUST & ANR.versusCLIFFORD D SOUZA ETC. ETC.

2025 INSC 440Appeal(s) allowed

The New Mangalore Port Trust (NMPT) had revised licence fees for land allotted to several licensees and issued demand notices for arrears. The licensees challenged the retrospective application of the revised tariff before the Karnataka High Court, which dismissed their writ petitions, leading NMPT …

M/S R. K. TRANSPORT COMPANYversusM/S BHARAT ALUMINUM COMPANY LTD. (BALCO)

2025 INSC 438Dismissed

The parties entered into a contract for bauxite mining, and an arbitral award dated 9 April 2022 was issued in favour of the appellant. The respondent filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 on 11 July 2022 to set aside the award. The issue before the …

INDER SINGHversusTHE STATE OF MADHYA PRADESH

2025 INSC 382Dismissed

The appellant, Inder Singh, filed a suit seeking title and possession of a parcel of land, which the State later claimed as government land. After the trial court dismissed the suit, the first appellate court reversed that decision in favour of the appellant. The State filed a review petition, which …

RAM LALversusJARNAIL SINGH (NOW DECEASED) THROUGH ITS LRS & ORS.

2025 INSC 301Appeal(s) allowed

The appellant filed a suit for specific performance of a sale agreement, which was decreed in his favour on 20‑01‑2012 directing him to deposit the balance consideration within two months. The decree was affirmed by the first appellate court on 21‑04‑2015, but no time‑limit for payment was …

HARSHIT HARISH JAIN & ANR.versusTHE STATE OF MAHARASHTRA & ORS.

2025 INSC 104Appeal(s) allowed

The appellants purchased a flat and paid stamp duty, but later cancelled the booking due to the developer's delay and executed a cancellation deed on 17 March 2015, which was registered on 28 April 2015 after an amendment to Section 48(1) of the Maharashtra Stamp Act reduced the refund limitation …

BHUDEV MALLICK ALIAS BHUDEB MALLICK & ANR.versusRANAJIT GHOSHAL & ORS.

2025 INSC 175Appeal(s) allowed

The appellants, heirs of the original defendants in a 1965 title suit, were restrained by a permanent injunction that barred them from disturbing the respondents' possession of the suit property. After four decades, the respondents filed an execution application in 2017 alleging breach of the …

BALBIR SINGH & ANR. ETC.versusBALDEV SINGH (D) THROUGH HIS LRS. & ORS. ETC.

2025 INSC 81Dismissed

The plaintiffs obtained decrees for specific performance of a sale agreement, directing them to deposit the balance consideration within 20 days and the defendants to execute sale deeds. The trial court decrees were set aside by a first appellate court, but the High Court later restored them in …

NBCC (INDIA) LTD.versusTHE STATE OF WEST BENGAL & ORS

2025 INSC 54Matter referred to larger bench

NBCC (India) Ltd., a micro‑small enterprise, entered into several construction contracts with the State of West Bengal and later filed a memorandum under Section 8 of the MSMED Act, 2006 after the contracts were executed. The enterprise then referred a payment dispute to the Micro and Small …

THE STATE OF WEST BENGAL & ORS.versusPAM DEVELOPMENTS PRIVATE LIMITED & ANR.

2025 INSC 69Dismissed

The State of West Bengal and other public authorities sued PAM Developments for alleged wrongful debarment arising from a road‑strengthening contract. After a series of debarment orders and procedural challenges, the respondent sought to amend its plaint to include later debarment orders, arguing …

STATE OF UTTAR PRADESH AND ANOTHERversusR.K. PANDEY AND ANOTHER

2025 INSC 48Appeal(s) allowed

R.K. Pandey, a former lab assistant of a state‑run medical college, claimed that his superannuation age should be 60 years and sought relief through arbitration, relying on an alleged 1957 arbitration agreement between the municipal board and the Governor of Uttar Pradesh. He unilaterally appointed …

INDIAN EVANGELICAL LUTHERAN CHURCH TRUST ASSOCIATIONversusSRI BALA & CO.

2025 INSC 42Appeal(s) allowed

The plaintiff filed an unnumbered suit in 1993 for specific performance of a 1991 sale agreement, which was rejected in 1998 for non‑payment of court fees. The plaintiff then filed a second suit in 2007 seeking the same relief, invoking Order VII Rule 13 of the CPC to avoid the effect of the earlier …

MALLAVVA AND ANRversusKALSAMMANAVARA KALAMMA (SINCE DEAD) BY LEGAL HEIRS & ORS.

2024 INSC 1021

The deceased plaintiff originally filed a suit in 2011 for declaration of title and injunction over certain immovable properties, which the trial court dismissed despite finding her to be the absolute owner because she was not in possession. After her death, her legal heirs appealed and successfully …

DWARIKA PRASAD (D) THR. LRS.versusPRITHVI RAJ SINGH

2024 INSC 1030

The appellant, Dwarika Prasad, was unaware of an ex‑parte decree passed against him in 1994 because his former counsel failed to inform him. Upon learning of the decree, he filed a restoration application under Order IX Rule 13 of the CPC on 31‑Oct‑1994, explaining his ignorance and alleging fraud …

MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERSversusVIVEK V. GAWDE ETC. ETC.

[2024] 12 S.C.R. 843Appeal(s) allowed

The case concerned eviction proceedings initiated by the Municipal Corporation of Greater Mumbai against occupants who held premises on a licence basis. The respondents challenged the Inquiry Officer's authority and the High Court's order that framed nine specific points for the Officer to …

DALIBEN VALJIBHAI & ORS.versusPRAJAPATI KODARBHAI KACHRABHAI & ANR.

2024 INSC 1049Appeal(s) allowed

The appellants filed a suit in 2017 seeking cancellation of a sale deed dated 04‑12‑2004, alleging fraud and claiming they only became aware of the deed on 31‑03‑2017 when a revenue notice was issued. The defendants moved to dismiss the suit under Order 7 Rule 11 of the CPC, arguing that the suit …

STATE OF MADHYA PRADESHversusRAMKUMAR CHOUDHARY

2024 INSC 932Dismissed

The State of Madhya Pradesh filed a second appeal before the High Court challenging a judgment that dismissed a suit concerning 1,300 hectares of government land. The appeal was filed after an inordinate delay of 5 years, 10 months, and 16 days, which the High Court refused to condone, citing lack …

NITIN MAHADEO JAWALE & ORS.versusBHASKAR MAHADEO MUTKE

2024 INSC 902Dismissed

The trial court had condoned a delay of four and a half years for the defendants to file their written statement. The plaintiff challenged this condonation, and the High Court set aside the trial court's order. The defendants filed a petition before the Supreme Court seeking to overturn the High …

KIRPAL SINGHversusGOVERNMENT OF INDIA, NEW DELHI & ORS.

2024 INSC 944Disposed off

The appellant's land was acquired under the National Highways Act, leading to an arbitral award on 25 July 2011. A regular first appeal was filed on 20 October 2011, but the High Court registry notified defects on 9 November 2011, which the appellant's counsel received only on 20 January 2012. …

THE STATE OF HARYANA & ANR.versusAMIN LAL (SINCE DECEASED) THROUGH HIS LRS & ORS.

2024 INSC 875Dismissed

The plaintiffs, heirs of Amin Lal, sued the State of Haryana and the Public Works Department for possession of land on the basis of revenue records, sale deeds and mutation entries. The trial court ruled in favour of the plaintiffs, holding that the State had not proved adverse possession. The State …

SHYAM KUMAR INANIversusVINOD AGRAWAL & ORS.

2024 INSC 865Appeal(s) allowed

The appellants purchased 23.98 acres of agricultural land from Sushila Devi under an Agreement to Sell dated 30‑08‑1990, paid full consideration and took possession, but the legal heirs refused to execute a sale deed. The trial court decreed specific performance, but the High Court reversed, holding …

M/S SIDDAMSETTY INFRA PROJECTS PVT. LTD.versusKATTA SUJATHA REDDY & ORS.

2024 INSC 861

The petitioner, Siddamsetty Infra Projects Pvt. Ltd., entered into two agreements to sell agricultural land with the respondents in 1997, paid a substantial portion of the consideration, and sought specific performance after the respondents refused to execute the sale deed. The trial court dismissed …

ASLAM ISMAIL KHAN DESHMUKHversusASAP FLUIDS PVT. LTD. & ANR.

2024 INSC 849

The petitioner, a non‑resident Indian, claimed entitlement to 400,000 and 200,010 equity shares under a 2011 Shareholders Agreement and sought appointment of an arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996 after the respondents failed to issue share certificates. The …

M/S HPCL BIO-FUELS LTD.versusM/S SHAHAJI BHANUDAS BHAD

2024 INSC 851Appeal(s) allowed

The appellant, HPCL Bio‑Fuels Ltd., entered into turnkey contracts with the respondent, Shahaji Bhanudas Bhad, for equipment supply. After a dispute over unpaid dues arose in 2014, the respondent invoked the arbitration clause and filed a Section 11(6) application in the Bombay High Court in …

N. THAJUDEENversusTAMIL NADU KHADI AND VILLAGE INDUSTRIES BOARD

2024 INSC 817Dismissed

The Tamil Nadu Khadi and Village Industries Board (respondent) sued to confirm its title and recover possession of a property it claimed to have received by a registered gift deed dated 5 March 1983 from the appellant. The trial court dismissed the suit on the ground that the gift deed was never …

VIDYASAGAR PRASADversusUCO BANK & ANR.

2024 INSC 810Dismissed

The appellant, a suspended director of the corporate debtor, challenged the admission of a Section 7 application initiating a Corporate Insolvency Resolution Process (CIRP) by UCO Bank, arguing that the debtor's balance‑sheet entries did not constitute a clear, specific acknowledgment of debt …

RENJITH K.G. & OTHERSversusSHEEBA

2024 INSC 773Dismissed

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

NEELAM GUPTA & ORS.versusRAJENDRA KUMAR GUPTA & ANR.

2024 INSC 769

The plaintiff, Rajendra Kumar Gupta, claimed ownership of a 7.60‑acre parcel of land in Mowa village, asserting that he purchased it by a registered sale deed in 1968 and had peacefully possessed it until dispossessed in 1983. The defendants, his cousins, contended that the land was joint Hindu …

DHARMENDRA SHARMAversusAGRA DEVELOPMENT AUTHORITY

2024 INSC 667Disposed off

The appellant, Dharmendra Sharma, purchased an apartment from the Agra Development Authority (ADA) and sought possession after paying the agreed price, but ADA's offer of possession on 4 December 2014 was made without a completion certificate or firefighting clearance certificate. The appellant …

USHA DEVI & ORS.versusRAM KUMAR SINGH & ORS.

2024 INSC 599Appeal(s) allowed

The respondents filed a suit for specific performance of a sale deed in September 1993, based on an agreement dated 17 December 1989 that required execution of the deed within one month (by 16 January 1990). The trial court dismissed the suit as time‑barred, but the first appellate court set aside …

SBI GENERAL INSURANCE CO. LTD.versusKRISH SPINNING

2024 INSC 532Disposed off

SBI General Insurance issued a fire insurance policy to Krish Spinning, which settled the first fire claim by a discharge voucher and payment of Rs 84,19,579. Krish Spinning later disputed the quantum of the settlement, alleging coercion, and invoked the arbitration clause in the policy by filing a …

ELFIT ARABIA & ANR.versusCONCEPT HOTEL BARONS LIMITED & ORS.

2024 INSC 536Dismissed

The petitioners, a UAE entity, claimed that the respondents defaulted on payments under a 2004 MoU and invoked arbitration in 2022, eleven years after the alleged breach in 2011. The petition sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, while …

DELHI DEVELOPMENT AUTHORITYversusTEJPAL & ORS.

2024 INSC 456Disposed off

The Delhi Development Authority and other government bodies filed a batch of appeals and petitions seeking condonation of delay for challenging High Court orders that declared land acquisition proceedings under the 1894 Act to have lapsed under Section 24(2) of the 2013 Act. The appellants argued …

MR. R.S. MADIREDDY AND ANR. ETC.versusUNION OF INDIA & ORS. ETC.

2024 INSC 425Dismissed

The appellants, former cabin crew of Air India Limited (AIL), filed writ petitions between 2011 and 2013 alleging stagnation in pay, non‑promotion and denial of allowances, invoking Articles 14, 16 and 21 of the Constitution. While the petitions were pending, the Government of India disinvested its …

SHRI MALLIKARJUN DEVASTHAN, SHELGIversusSUBHASH MALLIKARJUN BIRAJDAR AND OTHERS

2024 INSC 339Appeal(s) allowed

The appellant, Shri Mallikarjun Devasthan, Shelgi, a public trust registered under the Maharashtra Public Trusts Act, 1950, filed change reports to record the appointment of a new Vahiwatdar and the co-option of trustees, but the reports were submitted well beyond the statutory 90‑day period. The …

VIPIN SAHNI AND ANOTHERversusCENTRAL BUREAU OF INVESTIGATION

2024 INSC 284Appeal(s) allowed

The appellants, who founded a society that obtained AICTE approvals for several business schools, were charged under Sections 420 and 120B IPC for allegedly cheating the AICTE by concealing that the leased land was mortgaged. After a Special Judicial Magistrate discharged them, the CBI approached …

K.B. LAL (KRISHNA BAHADUR LAL)versusGYANENDRA PRATAP & ORS.

2024 INSC 281Dismissed

The appellant, K.B. Lal, sought to set aside a 2006 ex-parte order of the Civil Judge (Jr. Division) Barabanki by filing applications under Order IX, Rule 7 of the CPC, first in 2017 and again in 2020, after a delay of about 14 years. The delay was explained by the appellant as due to non-receipt of …

UNION OF INDIA & ANR.versusJAHANGIR BYRAMJI JEEJEEBHOY (D) THROUGH HIS LR

2024 INSC 262Dismissed

The Union of India filed a civil appeal seeking restoration of a writ petition that had been dismissed for non‑prosecution in 2006, but the application for restoration was filed after a delay of 12 years and 158 days. The High Court declined to condone this delay, prompting the Union to challenge …

PURNI DEVI & ANR.versusBABU RAM & ANR.

2024 INSC 259Appeal(s) allowed

The appellant obtained a decree for possession in 1986, which became final on 9 November 2000. Seeking to enforce the decree, the appellant filed an execution application before the Tehsildar on 18 December 2000, which was rejected on 29 January 2005 on the ground of lack of jurisdiction. The …

UNION OF INDIAversusM/S INDIAN OIL CORPORATION LTD.

2024 INSC 243Dismissed

The Union of India (railways) charged Indian Oil Corporation (IOC) freight on the Baad‑Hisar route based on a chargeable distance of 444 km as per the old local distance table. In 2005 the railways revised the distance to 334 km, claiming the earlier figure was erroneous, and IOC sought a refund of …

M/S ARIF AZIM CO. LTD.versusM/S APTECH LTD.

2024 INSC 155Case Allowed

The petitioners, an Afghan franchisee, sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to resolve disputes over royalty payments and renewal of franchise agreements with the respondent. The key issues were whether the Limitation Act, 1963 …

MOHD ABAAD ALI & ANR.versusDIRECTORATE OF REVENUE PROSECUTION INTELLIGENCE

2024 INSC 125Dismissed

The appellants were acquitted under Section 135(1)(b) of the Customs Act, 1962, and the Directorate of Revenue Intelligence filed an appeal against the acquittal under Section 378 of the Code of Criminal Procedure, 1973, after a 72‑day delay, seeking condonation under Section 5 of the Limitation …

VASANTHA (DEAD) THR. LR.versusRAJALAKSHMI @ RAJAM (DEAD) THR.LRS.

2024 INSC 109Appeal(s) allowed

In 1947 a mother, Thayammal, executed a First Settlement Deed granting interests in her property to her two sons and her daughter. Subsequent deeds in 1952 and later altered those interests, ultimately leaving the daughter’s husband, Gopalakrishnan, claiming a vested right as heir of the daughter …

JAGMOHAN AND ANOTHERversusBADRI NATH AND OTHERS

2024 INSC 86Dismissed

The respondents, who had been tenants of an urban immovable property (a rolling mill) since 1949, filed a suit for pre-emption after the owners sold the property to the appellants in 1983, invoking the Punjab Pre-emption Act, 1913. The appellants contended that a State Government notification dated …

AXIS BANK LIMITEDversusNAREN SETH & ANR.

2024 INSC 105

The applicant‑appellant filed a miscellaneous application seeking clarification of a Supreme Court judgment dated 12 September 2023 in Civil Appeal No. 2085 of 2022, specifically the use of the term “unsecured creditor” in paragraph 20. The Court, after hearing counsel, held that the term should be …

ALAGAMMAL AND ORS.versusGANESAN AND ANR.

2024 INSC 28Appeal(s) allowed

The sellers (Alagammal and others) entered into a registered agreement of sale on 22‑Nov‑1990 with the buyers (Ganesan and others) for Rs.21,000, stipulating that the balance be paid within six months. The buyers paid only a fraction of the amount and failed to complete the purchase before the …

SANJAY PANDURANG KALATEversusVISTRA ITCL (INDIA) LIMITED AND OTHERS

2023 INSC 1063Disposed off

The appellant, a former director of Evirant Developers Private Ltd, challenged an interlocutory order of the NCLT dismissing his application alleging unauthorized filing of a reply in a Section 7 proceeding. The NCLT heard the matter on 17 May 2023 but did not pronounce a substantive order until it …

THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETYversusAMEENA BEGUM & ANOTHER

2023 INSC 1065Appeal(s) allowed

The Koushik Mutually Aided Cooperative Housing Society sued for specific performance of a sale agreement, and the respondents were set ex‑parte, resulting in an ex‑parte decree on 15‑02‑1999. The respondents later filed an application under Order IX Rule 13 of the CPC to set aside the decree and …

TOTTEMPUDI SALALITHversusSTATE BANK OF INDIA & ORS.

2023 INSC 923Dismissed

The appellant, managing director of Totem Infrastructure Ltd., challenged the admission of a Section 7 Insolvency and Bankruptcy Code (IBC) application filed by State Bank of India (SBI) before the NCLT, arguing that the claim was barred by limitation and the doctrine of election. The banks had …

DEBASISH PAUL & ANR.versusAMAL BORAL

2023 INSC 925Appeal(s) allowed

The respondent, a tenant, stopped paying rent in February 2005 and was served a notice to vacate in October 2013, after which the landlord filed an eviction suit. The tenant filed an application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, but the trial court rejected …

SHEO RAJ SINGH (DECEASED) THROUGH LRS. & ORS.versusUNION OF INDIA & ANR.

2023 INSC 885Dismissed

The case arose from a land acquisition dispute where the Reference Court enhanced compensation for landowners, prompting the Union of India to file an appeal before the Delhi High Court. The appeal was filed 479 days after the order, exceeding the limitation period, leading the Union to seek …

SRI. K.M. KRISHNA REDDYversusSRI. VINOD REDDY & ANR.

2023 INSC 877Case Partly allowed

The appellant, K.M. Krishna Reddy, filed a suit for perpetual injunction claiming ownership of a family property inherited from his father and alleged interference by the respondents. The respondents counter‑claimed that they had acquired title by adverse possession since 1978 and also asserted an …

SABBIR (DEAD) THROUGH LRSversusANJUMAN (SINCE DECEASED) THROUGH LRS

2023 INSC 898Appeal(s) allowed

The parties entered into an Agreement to Sell on 31 July 1975, which required the sellers to obtain permission from the District Magistrate within eight days and then inform the buyers, who were to execute the sale deed within fifteen days. The sellers never applied for permission, and the buyers …

A. VALLIAMMAIversusK.P. MURALI AND OTHERS

2023 INSC 823Disposed off

A. Valliammai entered into an agreement to sell land to K. Sriram in 1988, with an advance paid and the balance due by May 1989, later extended to November 1989. After disputes and notices in 1991 indicating Valliammai's refusal to perform, Sriram filed an injunction suit, which was later dismissed, …

AXIS BANK LIMITEDversusNAREN SHETH & ANR.

2023 INSC 820Dismissed

Axis Bank Limited (appellant) appealed against the admission of a Section 7 petition filed by State Bank of India (respondent No.2) against Shreem Corporation Limited (the corporate debtor). The dispute centered on whether the petition was time‑barred under the three‑year limitation period, given …

K. HYMAVATHIversusTHE STATE OF ANDHRA PRADESH & ANR.

2023 INSC 811Appeal(s) allowed

The appellant K. Hymavathi loaned Rs 20 lakh to respondent No.2, who executed a promissory note on 25 July 2012 promising repayment by December 2016. The respondent later issued a cheque for Rs 10 lakh on 28 April 2017, which was dishonoured, leading the appellant to file a complaint under Section …

FULMATI DHRAMDEV YADAV & ANR.versusNEW INDIA ASSURANCE CO. LTD. & ANR.

2023 INSC 790Appeal(s) allowed

The deceased Ramakant Yadav, a driver, died while tying logs on a trailer, and his mother and wife claimed compensation under the Employees Compensation Act, 1923. The Commissioner awarded a lump‑sum compensation of ₹3,94,120 and a penalty of ₹1,97,060 against the insurer, but the High Court set …

PRAKASH (DEAD) BY LR.versusG. ARADHYA AND ORS.

2023 INSC 743Dismissed

The appellant sought redemption of a mortgage, alleging that a 1973 sale deed coupled with a reconveyance agreement constituted a mortgage by conditional sale. The sale deed transferred absolute ownership of a plot for Rs 5,000, while the reconveyance agreement allowed the vendor five years to …

Y. P. LELEversusMAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. & ORS.

2023 INSC 732Appeal(s) allowed

The Maharashtra State Electricity Board filed a Special Civil Suit for recovery of money against Miraj Electric Supply Co. and its directors. During the plaintiff's evidence, the defendants' counsel withdrew his vakalatnama, and the trial court proceeded under Order XVII Rule 2 CPC, ultimately …

RAHEEM SHAH & ANRversusGOVIND SINGH & ORS.

2023 INSC 651Disposed off

The original suit (Civil Suit No.3 A/02) was decreed in favour of the plaintiff, Govind Singh, on 1 October 2005. The defendants, Raheem Shah and another, filed a regular first appeal under Section 96 of the CPC but did so 52 days after the decree, prompting an application under Section 5 of the …

M/S B AND T AGversusMINISTRY OF DEFENCE

2023 INSC 549Rejected

The parties entered into a 2012 contract for the supply of sub‑machine guns, after which the Ministry of Defence encashed a bank guarantee and deducted liquidated damages in September 2016. The petitioner claimed the dispute should be resolved by arbitration and, after a series of bilateral …

BHASKER & ANR.versusAYODHYA JEWELLERS

2023 INSC 730Matter referred to larger bench

The appeal concerned the appropriate starting point of limitation for filing an application under Rule 95 of Order XXI of the Code of Civil Procedure, 1908, after a property was sold in execution. The sale was confirmed on 16 July 2009, a sale certificate was issued on 5 February 2010, and the …

SANKET KUMAR AGARWAL & ANRversusAPG LOGISTICS PRIVATE LIMITED

2023 INSC 727Appeal(s) allowed

The appellants filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) in June 2021, which the National Company Law Tribunal (NCLT) dismissed on 26 August 2022. They applied for a certified copy of the order, received it on 15 September 2022, and e‑filed an appeal before the …

SABIR ALI KHANversusSYED MOHD. AHMAD ALI KHAN AND OTHERS

2023 INSC 368Dismissed

The case concerned a Shia waqf‑al‑aulad created in 1934, whose property was allegedly alienated by two void sales in 1960 and 1974 without the sanction of the Waqf Board. The respondents, who were beneficiaries of the waqf, claimed title by adverse possession, while the appellant argued that …

GANESH PRASADversusRAJESHWAR PRASAD AND ORS.

2023 INSC 228Dismissed

The appellant, who was the original defendant, challenged a lower‑court order that allowed the plaintiffs to amend their suit seeking redemption of a mortgage and possession of a shop. The plaintiffs had earlier filed a small‑cause suit that was dismissed for non‑prosecution, and later filed a civil …

SUPER DIAMOND TOOLS & ORS.versusK. MOHAN RAO

2023 INSC 192Dismissed

The dispute concerned partnership accounts where the surviving partner of Super Diamond Tools alleged that K. Mohan Rao falsified accounts and siphoned funds. An arbitrator, appointed after a court reference, found Rao guilty of fraud and awarded a sum with interest. Rao sought to set aside the …

BAINI PRASAD (D) THR. LRS.versusDURGA DEVI

2023 INSC 95Dismissed

The respondent, Durga Devi, owned an 11‑biswas land parcel in Kullu and sued the appellant, Baini Prasad, for possession and demolition of a verandah he had constructed on that land in 1986, claiming he believed it to be his own. The trial court ordered demolition and restoration of possession to …

SHYAM KUMAR GUPTA & ORS.versusSHUBHAM JAIN

2023 INSC 98Appeal(s) allowed

The respondent, claiming ownership of a shop, sued the predecessor of the appellants for arrears of rent and eviction. The trial court passed an ex‑parte decree for Rs 8,000 arrears, Rs 3,212 costs and ordered mesne profits of Rs 2,000 per month until possession. The defendant filed an application …

AJAY DABRAversusPYARE RAM & ORS.

2023 INSC 90Dismissed

Ajay Dabra filed suits for specific performance of two agreements for the sale of agricultural land in Himachal Pradesh, where the original seller had contracted with Himalayan Ski Village Pvt. Ltd., a non‑agriculturist. The sale was conditional on obtaining permission under Section 118 of the …

SABARMATI GAS LIMITEDversusSHAH ALLOYS LIMITED

2023 INSC 10Dismissed

Sabarmati Gas Ltd. entered into a gas‑sale agreement with Shah Alloys Ltd., which later defaulted on payments. The respondent was declared a 'sick company' by the BIFR, invoking a moratorium under SICA that barred legal recovery until the Code came into force on 1‑Dec‑2016. After issuing a demand …

MRS. LEELAMMA MATHEWversusM/S INDIAN OVERSEAS BANK & ORS.

2022 INSC 1214Appeal(s) allowed

Mrs. Leelamma Mathew purchased a secured property advertised as 54 cents in an auction conducted by Indian Overseas Bank under the SARFAESI Act. After paying the full consideration, she received possession of only 39.60 cents, the remaining 14.40 cents having been transferred earlier by the original …

MAHARASHTRA STATE BOARD OF WAKFSversusSHAIKH YUSUF BHAI CHAWLA & ORS.

2022 INSC 1127Case Partly allowed

The Maharashtra State Board of Wakfs was incorporated on 4 January 2002 and subsequently published lists of wakf properties on 13 November 2003 and 30 December 2004. Several Muslim public trusts challenged the Board’s constitution, the validity of the lists, and the applicability of Section 13(2) of …

RAJRATAN BABULAL AGARWALversusSOLARTEX INDIA PVT. LTD.& ORS.

2022 INSC 1081Appeal(s) allowed

The appellant, an ex‑director of the corporate debtor, contested the admission of an application filed by the operational creditor under section 9 of the Insolvency and Bankruptcy Code (IBC) alleging a debt for coal supplied under a purchase order. The creditor claimed the coal was of inferior …

P. DAIVASIGAMANIversusS. SAMBANDAN

2022 INSC 1070Dismissed

The appellant, who owned a one‑acre wetland, entered into a 1989 agreement to sell the land to the respondent for Rs 6,50,000, with a six‑month completion clause. The respondent repeatedly notified the appellant to perform, demonstrated his readiness and willingness, and filed a suit for specific …

C.S. RAMASWAMYversusV. K. SENTHIL & ORS

2022 INSC 1046Appeal(s) allowed

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

SUKHBIRI DEVI & ORSversusUNION OF INDIA & ORS.

2022 INSC 1037Dismissed

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

M/S TECH SHARP ENGINEERS PVT. LTD.versusSANGHVI MOVERS LIMITED

2022 INSC 986Appeal(s) allowed

The appellant, Tech Sharp Engineers, sought initiation of a Corporate Insolvency Resolution Process (CIRP) under Section 9 of the IBC against the respondent, Sanghvi Movers, for unpaid crane‑hire invoices dated 2012‑13. The respondent had earlier filed a winding‑up petition in the Madras High Court, …

RAMAN (DEAD) BY LRS.versusR. NATARAJAN

2022 INSC 954Appeal(s) allowed

The plaintiff filed a suit for specific performance of a 1993 agreement of sale of land, which was conditioned on the defendant first entering into an agreement with his brother's wife to purchase a parcel of her land for access. The trial court granted specific performance, the first appellate …

INDIAN OIL CORPORATION LTD.versusSUDERA REALTY PRIVATE LIMITED

2022 INSC 928Dismissed

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

PUNJAB NATIONAL BANKversusMR. VIJAY SITARAM DANDNAIK & ANR.

2022 INSC 887Appeal(s) allowed

Punjab National Bank (PNB) filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) against Jailaxmi Sugar Products Pvt Ltd, alleging default and seeking initiation of a corporate insolvency resolution process (CIRP). The Debt Recovery Tribunal (DRT) issued a certificate of …

SMT. KATTA SUJATHA REDDY & ANR.versusSIDDAMSETTY INFRA PROJECTS PVT. LTD.& ORS.

2022 INSC 865Disposed off

The purchaser entered into two sale agreements in 1997, paying 90% of the price but failing to pay the remaining 10% within the three‑month period stipulated as essential. After sending two notices in 2000 and 2002, the purchaser filed a suit for specific performance in 2002, which the trial court …

KOTAK MAHINDRA BANK LIMITEDversusKEW PRECISION PARTS PRIVATE LIMITED & ORS.

2022 INSC 800Appeal(s) allowed

Kotak Mahindra Bank Ltd., a financial creditor, filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) to initiate a Corporate Insolvency Resolution Process (CIRP) against Kew Precision Parts Pvt. Ltd. after the debtor defaulted on loans. The debtor had offered a one‑time …

MANJIT SINGH SODHIversusTHE CUSTODIAN & ORS.

2022 INSC 792Disposed off

The appellant, Manjit Singh Sodhi, as trustee of Raviraj Housing Corporation, was sued for repayment of a short‑term loan of Rs 25 lakhs taken from Fairgrowth Financial Services Ltd (FFSL) which resulted in a decree of Rs 63.86 lakhs in 2003. The custodian appointed under the Special Court (Trial of …

ASSET RECONSTRUCTION COMPANY (INDIA) LIMITEDversusTULIP STAR HOTELS LIMITED & ORS.

2022 INSC 777Appeal(s) allowed

The Supreme Court examined an appeal by Asset Reconstruction Company (India) Ltd., a financial creditor, against a NCLAT order that held a Section 7(2) IBC application against V. Hotels Ltd. was time‑barred. The Court clarified that the Limitation Act, 1963 applies to IBC applications and that the …

M/S BHAGWANDAS B. RAMCHANDANIversusBRITISH AIRWAYS

2022 INSC 768Dismissed

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

KOTAK MAHINDRA BANK LIMITEDversusA. BALAKRISHNAN & ANR.

2022 INSC 630Appeal(s) allowed

Kotak Mahindra Bank (the appellant) sought initiation of a Corporate Insolvency Resolution Process (CIRP) against Prasad Properties and Investments Pvt. Ltd. (the corporate debtor) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). The corporate debtor had stood as guarantor for …

RUSHIBHAI JAGDISHCHANDRA PATHAKversusBHAVNAGAR MUNICIPAL CORPORATION

2022 INSC 592Case Partly allowed

The appellants, employed as Data Entry Operators of Bhavnagar Municipal Corporation, were initially placed in the Rs 4,000‑6,000 pay‑scale but were later granted the higher Rs 5,000‑8,000 scale of the next promotional post. In 2010 the corporation corrected this by withdrawing the higher scale, …

RAJPAL SINGHversusSAROJ (DECEASED) THROUGH LRS AND ANR

2022 INSC 589Appeal(s) allowed

The appellant purchased agricultural land from the original owner under an agreement to sell (1993) and a registered sale deed (1996), after which he took possession. Unbeknownst to him, the owner's wife obtained a collusive decree in 1995 declaring herself owner, but the decree was never …

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

2022 INSC 579Appeal(s) allowed

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

NEW DELHI MUNICIPAL COUNCILversusMINOSHA INDIA LIMITED

2022 INSC 486Dismissed

NDMC entered into a purchase order with Minosha India Ltd, terminated it for alleged non‑performance and the latter invoked the arbitration clause on 7 June 2016. Before the arbitration could commence, the corporate debtor was admitted to corporate insolvency resolution on 14 May 2018, a moratorium …

K.C. LAXMANAversusK.C. CHANDRAPPA GOWDA & ANR.

2022 INSC 432Dismissed

The plaintiff, a coparcener in a Hindu Undivided Family, challenged a settlement/gift deed executed by his father, the Karta, which transferred a portion of the joint family property to a non‑coparcener. The plaintiff sought a declaration that the deed was null and void and partition of his share. …

STATE BANK OF INDIAversusKRISHIDHAN SEEDS PRIVATE LIMITED

2022 INSC 428Appeal(s) allowed

State Bank of India (SBI) filed an application before the NCLT on 19 September 2018 under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) seeking initiation of a Corporate Insolvency Resolution Process (CIRP) against Krishidhan Seeds Private Limited, alleging default on a financial debt …

SARANPAL KAUR ANANDversusPRADUMAN SINGH CHANDHOK AND OTHERS

2022 INSC 347Directions issued

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

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

2022 INSC 300Appeal(s) allowed

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

SURJEET SINGH SAHNIversusSTATE OF U.P. AND ORS.

2022 INSC 245Dismissed

The petitioner entered into a sale deed with NOIDA in 2001 that promised a 10% plot allocation. After ten years he made a representation to NOIDA, and eleven years after the deed filed a writ petition under Article 226 seeking specific performance. The High Court entertained the petition, directed …

PRAKASH CORPORATESversusDEE VEE PROJECTS LIMITED

2022 INSC 180Appeal(s) allowed

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

M/S WIZAMAN IMPEX PVT. LTD.versusKEDRION BIOPHARMA INC.

2022 INSC 159Case Partly allowed

M/S Wizaman Impex Pvt Ltd, the corporate debtor, challenged a Section 9 application filed by Kedrion Biopharma Inc., an operational creditor, which sought to initiate corporate insolvency proceedings. The NCLT rejected the application, holding it was time‑barred under the three‑year limitation …

RAJASTHAN STATE ROAD TRANSPORT CORPORATION & OTHERSversusSADHU SINGH

2022 INSC 149Appeal(s) allowed

The respondent, Sadhu Singh, a former conductor who was compulsorily retired in 2003, filed a suit in 2010 seeking the benefit of first, second and third Selection Grades as per a 1992 office order that granted such grades after 9, 18 and 27 years of service. The trial court partially decreed in his …

N. RAJENDRANversusS. VALLI

2022 INSC 140Disposed off

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

M/S MONGIA REALTY AND BUILDWELL PRIVATE LIMITEDversusMANIK SETHI

2022 INSC 122Appeal(s) allowed

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

SUNIL KUMAR MAITYversusSTATE BANK OF INDIA AND ANR.

2022 INSC 84Appeal(s) allowed

Sunil Kumar Maity deposited a cheque that was mistakenly credited to another customer with a similar name at State Bank of India. He filed a complaint before the Consumer Forum, which was allowed; the bank appealed to the State Consumer Commission, which partially upheld the order. The bank then …

MAMTAZ & ORS.versusGULSUMA ALIAS KULUSUMA

2022 INSC 58Appeal(s) allowed

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

G.T. GIRISHversusY. SUBBA RAJU (D) BY LRS AND ANOTHER

2022 INSC 51Appeal(s) allowed

The Bangalore Development Authority (BDA) allotted a residential site to the first defendant in 1979, obligating her to construct a house within two years under the City of Bangalore Improvement (Allotment of Sites) Rules, 1972. In 1982 she entered into an agreement with the plaintiff to sell the …

DEVAS MULTIMEDIA PRIVATE LTD.versusANTRIX CORPORATION LTD. & ANR

2022 INSC 49Dismissed

The Supreme Court examined the winding‑up petition filed by Antrix Corporation against Devas Multimedia Private Ltd under section 271(c) of the Companies Act, 2013, alleging fraud in the formation and conduct of the company. The petition was never advertised, and the petitioners challenged the order …

MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTDversusMAHESHBHAI TINABHAI RATHOD & ORS.

2021 INSC 900Appeal(s) allowed

Mahindra & Mahindra Financial Services Ltd obtained an arbitral award on 28‑Feb‑2011 in its favour, which was dispatched by registered post on 15‑Mar‑2011 but was refused by the respondent, who finally received it on 23‑Mar‑2011. The appellant filed an execution petition on 27‑Jun‑2011; the …

MAJJI SANNEMMA @ SANYASIRAOversusREDDY SRIDEVI & ORS.

2021 INSC 909Appeal(s) allowed

The original plaintiff filed a suit for permanent injunction which was dismissed by the trial court and set aside by the appellate court. The original defendants obtained a certified copy of the appellate decree in March 2017 but filed a second appeal only after a delay of 1011 days, in 2021. The …

M.R. VINODAversusM.S. SUSHEELAMMA (D) BY LRS. AND OTHERS

2021 INSC 878Dismissed

The case involved three branches of a Mitakshara joint Hindu family that executed a partition deed in 1961. In 1969 the eldest brother of one branch, acting as Karta, and a cousin executed a relinquishment deed surrendering their branch's share in favour of the eldest uncle who had repaid a family …

AVNEESH CHANDAN GADGIL & ANR.versusORIENTAL BANK OF COMMERCE & ORS.

2021 INSC 784Appeal(s) allowed

The Oriental Bank of Commerce appealed an order of the Recovery Officer under Section 30 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993, but filed the appeal 31 days after the prescribed 30‑day period. The Debts Recovery Tribunal condoned the delay by invoking Section 5 …

V NAGARAJANversusSKS ISPAT AND POWER LTD.& ORS.

2021 INSC 663Dismissed

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

M/S PREM COTTEXversusUTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ORS.

2021 INSC 617Dismissed

M/S Prem Cottex, a cotton yarn manufacturer, was issued a short assessment notice by Uttarakhand Bijli Vitran Nigam Ltd. alleging that the multiply factor (MF) used in its electricity bills was incorrectly applied, resulting in short billing of about Rs.1.35 crore. The appellant filed a consumer …

RAJENDRA NAROTTAMDAS SHETH & ANR.versusCHANDRA PRAKASH JAIN & ANR.

2021 INSC 579Dismissed

The Union Bank of India (financial creditor) granted loans to R.K. Infratel Ltd. (corporate debtor), which defaulted on 30‑09‑2014, leading to the account being classified as an NPA. The bank filed a recovery suit under the 1993 Recovery of Debts Act and, later, an application under Section 7 of the …

DENA BANK (NOW BANK OF BARODA)versusC. SHIVAKUMAR REDDY AND ANR.

2021 INSC 380Appeal(s) allowed

The appellant Bank (Dena Bank, now Bank of Baroda) filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) in 2018 to initiate a corporate insolvency resolution process against the corporate debtor, C. Shivakumar Reddy, after the debtor defaulted in 2013. The National Company …

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

2021 INSC 337Dismissed

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

M/S. SILPI INDUSTRIES ETC.versusKERALA STATE ROAD TRANSPORT CORPORATION & ANR. ETC.

2021 INSC 314Dismissed

The case concerned disputes arising under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) where a supplier (Silpi Industries) claimed unpaid amounts from Kerala State Road Transport Corporation (KSRTC) and the corporation raised counter‑claims. The issues before the Supreme …

ASSET RECONSTRUCTION COMPANY (INDIA) LIMITEDversusBISHAL JAISWAL & ANR.

2021 INSC 254Disposed off

The Asset Reconstruction Company (India) Ltd., a consortium of lenders, filed a Section 7 application before the NCLT seeking initiation of corporate insolvency proceedings against Corporate Power Ltd. after the latter defaulted on its loans. The NCLT admitted the application, relying on entries in …

LAXMI PAT SURANAversusUNION BANK OF INDIA & ANR.

2021 INSC 220Disposed off

Union Bank of India extended a term loan to Mahaveer Construction, a proprietorship firm, and obtained a guarantee from Surana Metals Ltd, a corporate entity. After the loan was declared a non‑performing asset on 30‑01‑2010, the bank filed an application under Section 7 of the Insolvency and …

SESH NATH SINGH & ANR.versusBAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD. AND ANR.

2021 INSC 199Dismissed

The petitioners, Sesh Nath Singh and others, challenged the National Company Law Tribunal's (NCLT) order admitting a Section 7 application by Baidyabati Sheoraphuli Co‑operative Bank to initiate corporate insolvency resolution against the corporate debtor. The issue was whether the three‑year …

SECUNDERABAD CANTONMENT BOARDversusM/S B. RAMACHANDRAIAH & SONS

2021 INSC 186Appeal(s) allowed

The Secunderabad Cantonment Board entered three contracts with M/s B. Ramachandraiah & Sons that contained arbitration clauses. After final payments were made in early 2003, the contractor sought reimbursement for price variations and, in November 2006, demanded the appointment of an arbitrator, …

BHARAT SANCHAR NIGAM LTD. & ANR.versusM/S NORTEL NETWORKS INDIA PVT. LTD.

2021 INSC 175Appeal(s) allowed

The dispute arose when BSNL (appellant) withheld Rs.99.70 crore from Nortel (respondent) after completing a telecom tender. Nortel claimed the amount in May 2014, which BSNL rejected on 4 August 2014. After more than five years, Nortel invoked the arbitration clause on 29 April 2020 and sought …

KALPRAJ DHARAMSHI & ANR.versusKOTAK INVESTMENT ADVISORS LTD. & ANR.

2021 INSC 173Disposed off

The corporate debtor Ricoh India Ltd. initiated a corporate insolvency resolution process under the IBC, inviting resolution plans. Kotak Investment Advisors Ltd. (KIAL) submitted its plan on time, while Kalpraj submitted a belated plan which was later accepted by the Committee of Creditors (CoC) …

IN RE: COGNIZANCE FOR EXTENSION OF LIMITATIONversus.

2021 INSC 168Disposed off

In a suo motu writ petition, the Supreme Court examined the extension of limitation periods granted due to the COVID-19 pandemic. Earlier orders had excluded the period from 15 March 2020 to a date to be fixed, allowing litigants extra time to file suits, appeals and other proceedings. Observing …

N. SUBRAMANIANversusM/S ARUNA HOTELS LTD. & ANR.

2021 INSC 144Appeal(s) allowed

The appellant, a former employee of Aruna Hotels Ltd., claimed arrears of salary of Rs 1.87 crore for the period 1998‑2013 and filed a Section 9 application under the Insolvency and Bankruptcy Code (IBC) on 21 July 2017. The company contended that the claim was time‑barred. The National Company Law …

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD.versusM/S NAVIGANT TECHNOLOGIES PVT. LTD.

2021 INSC 140Appeal(s) allowed

The appellant, Dakshin Haryana Bijli Vitran Nigam Ltd., terminated a service level agreement with the respondent, Navigant Technologies Pvt. Ltd., leading to arbitration. The three‑member tribunal orally pronounced a majority award on 27‑04‑2018, but the dissenting arbitrator issued a separate …

SRIDEVI DATLAversusUNION OF INDIA AND ORS.

2021 INSC 141Appeal(s) allowed

The petitioner, Sridevi Datla, challenged the National Green Tribunal's (NGT) dismissal of her appeal against the environmental clearance for the Bhogapuram Greenfield Airport, arguing that the appeal was filed within the extended 60‑day period because the last day fell on a Sunday and that the NGT …

RAVINDER NATH AGARWALversusYOGENDER NATH AGARWAL & ORS.

2021 INSC 86Disposed off

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

CHINTELS INDIA LTD.versusBHAYANA BUILDERS PVT. LTD.

2021 INSC 76Appeal(s) allowed

Chintels India Ltd. filed an application under section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award, but the single judge of the Delhi High Court refused to condone the delay in filing the application and dismissed it. The appellant challenged that order by …

MANISH KUMARversusUNION OF INDIA AND ANOTHER

2021 INSC 28Dismissed

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

PRADEEP KUMAR SONTHALIAversusDHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR.

2020 INSC 710Disposed off

In the biennial Rajya Sabha election from Jharkhand, MLA Amit Kumar Mahto cast his vote at 9:15 a.m. on 23 March 2018, but was convicted later that afternoon. The petitioner, Pradeep Kumar Sonthalia, challenged the validity of that vote, arguing that the conviction rendered Mahto disqualified under …

VIDYA DROLIA AND OTHERSversusDURGA TRADING CORPORATION

2020 INSC 697Reference answered

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

RATTAN SINGH & ORS.versusNIRMAL GILL & ORS. ETC.

2020 INSC 641Appeal(s) allowed

The Supreme Court examined civil suits filed by Joginder Kaur (deceased) represented by Nirmal Gill, seeking to declare a 1990 General Power of Attorney (GPA) and related sale deeds as fraudulent and void. The lower courts had held the documents genuine, but the High Court reversed that finding, …

VETINDIA PHARMACEUTICALS LIMITEDversusSTATE OF UTTAR PRADESH AND ANOTHER

2020 INSC 639Appeal(s) allowed

Vetindia Pharmaceuticals Ltd., a licensed drug manufacturer, challenged an order of blacklisting issued by the State of Uttar Pradesh on 8 September 2009, alleging that it had never supplied the disputed veterinary injection under the tender and that the show‑cause notice did not specifically …

RAGHUNATH (D) BY LRS.versusRADHA MOHAN (D) THR. LRS & ORS.

2020 INSC 590Appeal(s) allowed

The Supreme Court considered a suit filed in 1974 by a co‑sharer seeking to enforce his pre‑emptive right over a sale of a property in Ajmer. The property had previously been transferred in 1945, 1946 and on 5 Nov 1966, the latter after the Rajasthan Pre‑Emption Act, 1966 came into force. The issue …

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

2020 INSC 556Dismissed

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

SAGUFA AHMED & ORS.versusUPPER ASSAM PLYWOOD PRODUCTS PVT. LTD. & ORS.

2020 INSC 555Dismissed

The appellants, shareholders of Upper Assam Plywood Products Pvt. Ltd., sought winding up of the company before the NCLT, which dismissed their petition on 25 October 2019. They applied for a certified copy of the order, received it on 19 December 2019, and filed an appeal before the NCLAT on 20 …

M/S. RADHA EXPORTS (INDIA) PVT. LIMITEDversusK.P. JAYARAM & ANR.

2020 INSC 518Appeal(s) allowed

The respondents, K.P. Jayaram and another, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) claiming they were financial creditors of M/s. Radha Exports (India) Pvt. Ltd. for a loan of Rs.2.10 crore advanced between 2002 and 2005, alleging that part of the loan was …

NAZIR MOHAMEDversusJ. KAMALA AND ORS.

2020 INSC 511Appeal(s) allowed

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

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

2020 INSC 509Dismissed

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