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Limitation Act, 1963

983 judgments · newest first · showing 401–600

BABULAL VARDHARJI GURJARversusVEER GURJAR ALUMINIUM INDUSTRIES PVT. LTD. & ANR.

2020 INSC 490Appeal(s) allowed

The corporate debtor Veer Gurjar Aluminium Industries defaulted on its loans on 08 July 2011. The financial creditor, JM Financial Assets Reconstruction Company, filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) in March 2018 to initiate a corporate insolvency …

BRAHAMPAL @ SAMMAY AND ANR.versusNATIONAL INSURANCE COMPANY

2020 INSC 483Appeal(s) allowed

The deceased died in a road accident and his parents claimed compensation before the Motor Accident Claim Tribunal, which awarded Rs.2.24 lakh. They filed an appeal to the High Court for enhancement 45 days after the 90‑day limit, citing the illness of the appellant's wife as the reason for delay. …

RAVINDER KAUR GREWAL & ORS.versusMANJIT KAUR & ORS.

2019 INSC 869Appeal(s) allowed

The case concerned a dispute over two adjoining land parcels (Khasra Nos. 935/1 and 935/2) where the predecessor of the appellants, Harbans Singh, claimed exclusive ownership based on a family settlement. A memorandum of family settlement (Exhibit P‑6) dated 10‑03‑1988 was executed by the brothers. …

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

2020 INSC 450Dismissed

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

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

2020 INSC 413Appeal(s) allowed

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

CLP INDIA PVT. LTD.versusGUJARAT URJA VIKAS NIGAM LTD. & ANR.

2020 INSC 383Dismissed

The Gujarat Electricity Board (Gujarat Urja) and CLP India entered into a 1994 Power Purchase Agreement (PPA) for 635 MW of electricity. A 1995 Central Government notification amended the 1992 tariff notification, removing the deemed generation incentive for naphtha‑based plants. Gujarat Urja sought …

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

2020 INSC 315Appeal(s) allowed

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

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

2020 INSC 297Appeal(s) allowed

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

BANK OF BARODAversusKOTAK MAHINDRA BANK LTD.

2020 INSC 299Dismissed

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

K. VIRUPAKSHA & ANR.versusTHE STATE OF KARNATAKA & ANR.

2020 INSC 261Appeal(s) allowed

The petitioners, two senior bank officials, challenged a criminal complaint filed under Section 200 of the CrPC alleging that they colluded with an auction purchaser to cause wrongful loss to the borrower, K. Virupaksha, after the bank invoked the SARFAESI Act to enforce a secured loan of Rs.2.68 …

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

2020 INSC 173Directions issued

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

VUNDAVALLI RATNA MANIKYAM &versusV.P.P.R.N. PRASADA RAO

2020 INSC 141Dismissed

The plaintiff entered into an agreement to sell land with the original vendor in 1981, paid earnest money and was given possession, but the sale deed was not executed before the time limit expired and the land was subjected to a government acquisition. The acquisition was later set aside after the …

SUKHWINDER SINGHversusJAGROOP SINGH & ANR.

2020 INSC 100Appeal(s) allowed

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

STANDARD CHARTERED BANKversusMSTC LIMITED

2020 INSC 72Appeal(s) allowed

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

SHRI UTTAM CHAND (D) THROUGH LRS.versusNATHU RAM (D) THROUGH LRS. & ORS.

2020 INSC 42Appeal(s) allowed

Shri Uttam Chand purchased a government‑owned property at a public auction in 1964 and obtained a sale certificate in 1965. He filed a suit for possession in 1979 against Nathu Ram and others, who claimed ancestral ownership and alleged that the Managing Officer had no authority to auction the land. …

UNIVERSITY OF DELHIversusUNION OF INDIA & ORS.

2019 INSC 1389Dismissed

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

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

2019 INSC 1266Reference answered

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

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

2019 INSC 1231Disposed off

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

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

2019 INSC 1200

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

BIJAY KUMAR SINGH & OTHERSversusAMIT KUMAR CHAMARIYA & ANR.

2019 INSC 1181Dismissed

The landlord filed eviction suits under the West Bengal Premises Tenancy Act, 1997 alleging non‑payment of rent arrears for two shops. The tenants filed applications under Section 7(2) of the Act seeking determination of the disputed rent and deposited the arrears they admitted. The trial court …

BARASAT EYE HOSPITAL & ORS.versusKAUSTABH MONDAL

2019 INSC 1155Appeal(s) allowed

The appellants purchased land from a raiyat and the respondent, a contiguous raiyat, claimed a pre‑emptive right under Sections 8 and 9 of the West Bengal Land Reforms Act, 1955, alleging that the sale consideration was inflated. The respondent filed an application with only a partial deposit (the …

RAMESH NIVRUTTI BHAGWATversusDR. SURENDRA MANOHAR PARAKHE

2019 INSC 1122Dismissed

Antoinette Bhagwat's will was probated in California and, in ancillary proceedings, letters of administration were granted by the Bombay High Court in 1994 to Dr. Surendra Parakhe. Ramesh Nivrutti Bhagwat, a relative of the deceased's husband, claimed he had no notice of this grant and filed a …

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

2019 INSC 1112Appeal(s) allowed

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

SAGAR SHARMA & ANR.versusPHOENIX ARC PVT. LTD. & ANR.

2019 INSC 1098Appeal(s) allowed

The appellants challenged a petition filed by the respondent under Section 7 of the Insolvency and Bankruptcy Code (IBC) alleging a default of at least Rs.1,00,000. The lower tribunal had held that the IBC’s commencement on 1 December 2016 triggered the limitation period and applied Article 62 of …

JIGNESH SHAH & ANR.versusUNION OF INDIA & ANR.

2019 INSC 1080Disposed off

The petitioners, shareholders of La‑Fin Financial Services Pvt. Ltd., challenged a winding‑up petition filed by IL&FS under Section 433(e) of the Companies Act, 1956, which had been transferred to the NCLT as a Section 7 application under the Insolvency and Bankruptcy Code, 2016. The dispute arose …

ILLOTH VALAPPIL AMBUNHI (D) BY LRS.versusKUNHAMBU KARANAVAN

2019 INSC 1058Dismissed

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

GAURAV HARGOVINDBHAI DAVEversusASSET RECONSTRUCTION COMPANY (INDIA) LTD. & ANR.

2019 INSC 1051Appeal(s) allowed

The appellant sought to initiate a corporate insolvency proceeding under Section 7 of the Insolvency and Bankruptcy Code (IBC) to recover a debt that had become due on 21 July 2011. The National Company Law Tribunal (NCLT) admitted the application, applying Article 62 of the Limitation Act, 1963, …

JOSE PAULO COUTINHOversusMARIA LUIZAVALENTINA PEREIRA & ANR.

2019 INSC 1029Appeal(s) allowed

The case concerned the succession of property belonging to a Goan domicile, Joaquim Mariano Pereira, who had bequeathed a Bombay immovable to one daughter while the other two daughters contested the applicability of the Portuguese Civil Code, 1867, to that property. The dispute centered on whether …

M/S GEO MILLER & CO. PVT. LTD.versusCHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD.

2019 INSC 989Dismissed

The appellant, M/s Geo Miller & Co., sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 for three water‑treatment contracts dated 1979‑1985, alleging non‑payment by the respondent. The respondent contended that the cause of action arose when the …

VASHDEO R BHOJWANIversusABHYUDAYA CO-OPERATIVE BANK LTD & ANR.

2019 INSC 984Appeal(s) allowed

The appellant claimed a default of Rs 6.7 crore against the respondent, which was declared a non‑performing asset in 1999 and a recovery certificate was issued in 2001. A petition under Section 7 of the Insolvency and Bankruptcy Code was filed in 2017, and the NCLT admitted it on the ground that the …

SYED ZAINUL ABEDEENversusTHE RAJASTHAN BOARD OF MUSLIM WAKF

2019 INSC 980Dismissed

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

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

2019 INSC 959Appeal(s) allowed

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

RAVINDER KAUR GREWAL & ORSversusMANJIT KAUR & ORS.

2019 INSC 930Directions issued

The Supreme Court examined whether a plaintiff who has acquired title by adverse possession can file a suit under Article 65 of the Limitation Act, 1963 for a declaration of title and injunction, i.e., use adverse possession as a "sword" rather than merely a defence. The Court overruled its earlier …

STATE OF MADHYA PRADESH AND OTHERSversusLAFARGE DEALERS ASSOCIATION AND OTHERS

2019 INSC 734Disposed off

The Supreme Court examined whether sales‑tax exemption/deferment granted to cement manufacturers under the Madhya Pradesh Commercial Tax Act, 1994, would continue to apply after the bifurcation of the erstwhile State of Madhya Pradesh into the reorganised State of Madhya Pradesh and the new State of …

SOPANRAO & ANR.versusSYED MEHMOOD & ORS.

2019 INSC 719Dismissed

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

PRAMOD KUMAR & ANR.versusZALAK SINGH & ORS.

2019 INSC 666Appeal(s) allowed

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

BHIVCHANDRA SHANKAR MOREversusBALU GANGARAM MORE & ORS.

2019 INSC 643Appeal(s) allowed

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

MALLIKARJUNAIAHversusNANJAIAH & ORS.

2019 INSC 578Appeal(s) allowed

The appellant, a co‑owner of a parcel of land that fell to him after his father's death, discovered in 1983 that the respondents, his brothers, had encroached upon 1 gunta of his share. He measured the land, obtained knowledge of the encroachment and filed a suit in 1992 for declaration of title and …

GOPALAKRISHNA (D) BY LRS. & ORS.versusNARAYANAGOWDA (DEAD) BY LRS. & ORS.

2019 INSC 459Dismissed

The case concerned the ownership of property originally belonging to Ramanna, who died in 1907 leaving a widow Seethamma and a daughter Venkamma. The appellants claimed title based on a 1955 sale deed executed by Jankamma, the granddaughter of Ramanna, while the respondents asserted possession …

RAGHWENDRA SHARAN SINGHversusRAM PRASANNA SINGH (DEAD) BY LRS

2019 INSC 357Appeal(s) allowed

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

MURUGAN & ORS.versusKESAVA GOUNDER (DEAD) THR. LRS. AND ORS.

2019 INSC 259Dismissed

The suit concerned property of Petha Gounder that had been sold by his son Balaraman both in his own name and on behalf of his minor son Palanivel without court permission, violating Section 8 of the Hindu Minority & Guardianship Act, 1956. The plaintiffs, sons of Kannan, filed a suit in 1992 for …

POONA RAMversusMOTI RAM (D) TH. LRS. & ORS.

2019 INSC 101Appeal(s) allowed

The appellant, Poona Ram, sought to overturn a High Court judgment that had set aside a First Appellate Court order dismissing his suit for declaration of title and possession filed by Moti Ram. Moti Ram claimed possessory title based on alleged long possession but had no documentary title, while …

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

2019 INSC 81Dismissed

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

URVASHIBEN & ANR.versusKRISHNAKANT MANUPRASAD TRIVEDI

2018 INSC 1212Leave Granted & Dismissed

The plaintiff filed a suit for specific performance of an agreement to sell dated 13 March 1992, alleging that the entire consideration of Rs.32 lakh had been paid but the sale deed was never executed and the property was later sold to a third party. The defendants moved an application under Order …

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

2018 INSC 1206Appeal(s) allowed

The plaintiff, Shami Mohd., sued Jamila Begum for a declaration that a 1967 mortgage deed and a 1970 sale deed executed by his father, Wali Mohd., in favour of the defendant were void, alternatively seeking redemption of the mortgage. The trial court held the documents valid and dismissed the suit; …

M/S SIMPLEX INFRASTRUCTURE LTDversusUNION OF INDIA

2018 INSC 1158Appeal(s) allowed

Simplex Infrastructure Ltd entered into a contract with the Union of India for construction of shelters, which led to arbitration and an award dated 27 October 2014 in favour of Simplex. The Union of India filed a Section 34 application before the District Judge on 30 January 2015, which was …

SALEM MUNICIPALITYversusP. KUMAR & ORS.

2018 INSC 1058Appeal(s) allowed

The case concerned a parcel of land that formed part of the Chinneri tank bund, leased intermittently by the predecessor S. Vijayaranga Mudaliar and later purchased by P. C. Pachiappan. The plaintiff sought declaration of title and a permanent injunction against the State of Tamil Nadu, Salem …

NAGPUR IMPROVEMENT TRUSTversusSHEELA RAMCHANDRA TIKHE

2018 INSC 1028Appeal(s) allowed

The Nagpur Improvement Trust (NIT) acquired 44.61 acres of land from Sheela Ramchandra Tikhe for a drainage scheme and, under a 1968 board resolution, offered to re‑allot the land on lease. Tikhe applied for the entire parcel in 1975; after negotiations, NIT allotted only 24 acres in 1982 and …

B.K. EDUCATIONAL SERVICES PRIVATE LIMITEDversusPARAG GUPTA AND ASSOCIATES

2018 INSC 956

The Supreme Court considered an appeal by B.K. Educational Services Pvt. Ltd. challenging the applicability of the Limitation Act, 1963 to applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code (IBC) and the retrospective effect of the newly inserted Section 238A. The Court …

MOHD. SAHID AND OTHERSversusRAZIYA KHANAM (D) THR. LRS. AND ANOTHER

2018 INSC 949Leave Granted & Dismissed

The original civil suit filed in 1979 sought cancellation of alleged forged sale deeds and an injunction. After a series of proceedings, the suit was decreed ex parte on 10 May 2012. The appellants filed an application under Section 5 of the Limitation Act seeking condonation of a 349‑day delay, …

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

2018 INSC 896Appeal(s) allowed

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

GHEWARCHAND & ORS.versusM/S MAHENDRA SINGH & ORS.

2018 INSC 840Case Allowed

The plaintiffs filed a civil suit in 1978 seeking declaration of title, a permanent injunction and possession of a property that had been attached by a City Magistrate on 23‑12‑1966. The trial court held the suit was within the limitation period and decreed in favour of the plaintiffs. The High …

SUMAN DEVIversusMANISHA DEVI AND ORS.

2018 INSC 730Appeal(s) allowed

The appellant was declared elected as Ward Councilor on 28 January 2016. The first respondent filed an election petition under Section 176 of the Haryana Panchayati Raj Act on 10 February 2016, withdrew it on 1 March 2016 and was given liberty to file a fresh petition, which she did on 2 March …

M/S. HARYANA SURAJ MALTING LTD.versusPHOOL CHAND

2018 INSC 537Disposed off

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

ORIENTAL INSURANCE COMPANY LIMITEDversusM/S. NARBHERAM POWER AND STEEL PVT. LTD.

2018 INSC 438Appeal(s) allowed

The appellant Oriental Insurance Company Ltd issued a fire industrial all‑risk policy to the respondent M/s Narbheram Power and Steel Pvt. Ltd. After a cyclone caused alleged losses, the insurer repudiated the claim, refusing to accept liability and declined to refer the dispute to arbitration. The …

SUCHA SINGH SODHI (D) THR. LRS.versusBALDEV RAJ WALIA & ANR.

2018 INSC 338Appeal(s) allowed

The original plaintiff, Sucha Singh, filed a suit for permanent injunction against the defendant in 1996, which he later withdrew with the court's permission to pursue appropriate proceedings before a competent forum. He subsequently filed a fresh suit for specific performance of the same agreement, …

MOHINDER SINGH (DEAD) THROUGH LRS.versusPARAMJIT SINGH & ORS.

2018 INSC 283Appeal(s) allowed

The case concerned a suit for possession of ancestral land that had been alienated by a gift deed. The original plaintiff, Mohinder Singh, obtained a declaratory decree in 1963 based on a compromise, but the decree was conditional on the death of the donor, Ujjagar Singh, which occurred in 1971. The …

UMMERversusPOTTENGAL SUBIDA & ORS.

2018 INSC 219Appeal(s) allowed

The appellant, an elderly man, was served with an ex parte decree by a family court for alleged non‑payment of gold ornaments and maintenance. He applied under Order IX Rule 13 of the CPC to set aside the decree and sought condonation of delay, but both applications were dismissed. He then filed a …

BENGAL CHEMISTS & DRUGGISTS ASSN.versusKALYAN CHOWDHURY

2018 INSC 91Dismissed

Bengal Chemists & Druggists Assn. appealed against an order of the National Company Law Appellate Tribunal (NCLAT) that dismissed its appeal as not maintainable because it was filed nine days after the initial 45‑day limitation period and after the additional 45‑day grace period had also expired. …

RAMJI SINGH PATELversusGYAN CHANDRA JAISWAL

2018 INSC 23Appeal(s) allowed

The respondent operated a flour mill and related businesses from his residential premises, initially using electricity but from 2003 switched to diesel engines that caused severe vibrations and air pollution affecting the adjoining house of the appellant. The appellant filed a suit in 2004 seeking a …

MOHINDER KUMAR MEHRAversusROOP RANI MEHRA & ORS.

2017 INSC 1212Appeal(s) allowed

The appellant filed a partition suit for a family property and later sought to amend the plaint to claim a share in the sale proceeds of another family property sold in 2000. The amendment application was filed on 17 January 2011, before any evidence had been led, although issues had been framed and …

BALWANT VITHAL KADAMversusSUNIL BABURAOI KADAM

2017 INSC 1170Dismissed

The respondent sued the appellants for specific performance of two agreements to sell a share of land, having paid earnest money but no deed was executed. The trial court dismissed the suit, but the first appellate court set aside that decree and ordered specific performance. The appellants …

PANKAJBHAI RAMESHBHAI ZALAVADIYAversusJETHABHAI KALABHAI ZALAVADIYA (DECEASED)

2017 INSC 989Appeal(s) allowed

The appellant filed a suit in 2008 to cancel a 1995 sale deed of land that had been purchased by defendant No. 7, who had died before the suit was instituted. The trial court dismissed the appellant’s application to bring the deceased defendant’s legal representatives on record under Order 22 Rule …

MAHAVIR & ORS.versusUNION OF INDIA & ANR.

2017 INSC 877Dismissed

Petitioners Mahavir and others claimed that compensation for 100 acres of land acquired in the Raisina‑Lutyens zone in 1911‑12 had never been paid and sought relief under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, which …

VIJAY SINGHversusSHANTI DEVI AND ANR.

2017 INSC 874Dismissed

Vijay Singh, a co‑sharer, filed a pre‑emption suit against Shanti Devi after a sale of jointly owned land. An ex‑parte decree was passed in his favour in 1990, but the decree was later set aside on the ground that the defendant had not been properly served. The amendment to Section 15 of the Punjab …

SAMAR KUMAR ROY (D) THROUGH LR (MOTHER)versusJHARNA BERA

2017 INSC 860Disposed off

Samar Kumar Roy filed a suit under Section 34 of the Specific Relief Act, 1963 (and Section 38 for injunction) seeking a declaration that his alleged marriage under the Special Marriage Act was void. The plaintiff died during the proceedings and his mother was substituted as his legal representative …

M/S MISRA AND CO.versusDAMODAR VALLEY CORPORATION

2017 INSC 751Hearing Adjourned

MIS Misra & Co. was awarded Rs.5,78,873 by an arbitrator in 1988 for a construction contract with Damodar Valley Corporation (DVC). The Civil Court made the award a decree on 16 March 1991, but DVC neither paid nor appealed, and due to repeated objections the formal decree was only prepared on 21 …

JASWANT SINGH & ORSversusPARK.ASH KAUR & ANR

2017 INSC 656Appeal(s) allowed

The plaintiff obtained an ex‑parte decree for specific performance of a 1995 agreement. The defendant filed an application under Order IX Rule 13 CPC to set aside the decree, but it was dismissed in default and the defendant died shortly thereafter. The legal heirs filed a restoration application …

ALLOKAM PEDDABBAYYA AND ANOTHERversusALLAHABAD BANK AND OTHERS

2017 INSC 481Dismissed

Allokam Peddabbayya and another bought a property in 1985 that was under an equitable mortgage created in 1979 by Defendants 3 and 4 in favour of Allahabad Bank. The bank foreclosed on the loan, obtained a decree in 1991 and the property was auctioned in 1993, with a sale certificate issued to the …

VENUversusPONNUSAMY REDDIAR (DEAD) THR. LRS. & ANR.

2017 INSC 403Dismissed

Venu filed a suit for partition against Ponnusamy Reddiar and obtained a preliminary decree on 23 November 1959. Thirty years later, on 3 October 1989, Venu applied for the appointment of a court commissioner to execute the preliminary decree. The appellant argued that the application was barred by …

SRI SRINIVASAIAHversusH. R. CHANNABASAPPA (SINCE DEAD) BY HIS LRS. AND ORS.

2017 INSC 396Disposed off

The original plaintiff, M.N. Channavasavaiah, borrowed Rs.1,500 from B.M. Narayan Shetty and executed a deed of conditional sale on 28 July 1969, delivering possession of the land to the lender for five years with a condition that repayment would void the sale and reconvey the property. The lender …

MRS. A. KANTHAMANIversusMRS. NASREEN AHMED

2017 INSC 202Dismissed

The appellant, owner of a Chennai property, entered into a sale agreement with the respondent on 5 March 1989, received more than 50% of the purchase price and promised to execute the sale deed by 31 December 1989. The appellant later refused to execute the deed, prompting the respondent to file a …

M/S. PUROHIT AND COMPANYversusKHATOONBEE AND ANR.

2017 INSC 122Appeal(s) allowed

The respondents' daughter died in a motor accident on 02‑02‑1977. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed before the Motor Accident Claims Tribunal on 23‑02‑2005, more than 28 years after the accident. The Tribunal entertained the claim, and the High Court upheld …

UNITED FINANCE CORPORATIONversusM.S.M. HANEEFA

2017 INSC 45Appeal(s) allowed

United Finance Corporation, the decree‑holder, purchased a property at a court auction and sought delivery of possession under Order XXI Rule 95 of the CPC. The judgment‑debtor filed applications to set aside the sale and obtained a stay of execution, which was later dismissed on 9 July 2003. The …

M/S. PATEL BROTHERSversusSTATE OF ASSAM AND ORS.

2017 INSC 24Dismissed

Patel Brothers, a registered dealer, faced reassessment orders after providing false exemption claims and subsequently filed revision petitions under Section 81 of the Assam Value Added Tax Act, 2003, more than 335 days after the prescribed 60‑day limit. The petitions sought condonation of delay …

SATYA PAL ANANDversusSTATE OF M.P. & ORS.

2016 INSC 988Dismissed

The appellant, Satya Pal Anand, claimed inheritance of a plot allotted to his mother by a housing cooperative society, which after her death unilaterally executed and registered an Extinguishment Deed cancelling the allotment. He entered into a compromise deed receiving Rs.6.5 lakh, but also filed a …

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

2019 INSC 81Matter referred to larger bench

The Supreme Court examined whether the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (the 1993 Act) applies retrospectively to supply orders placed before its commencement on 23‑09‑1992. The Court held that the Act is prospective, its liability arising …

MADINA BEGUM & ANR.versusSHIV MURTI PRASAD PANDEY & ORS.

2016 INSC 567Transferred to High Court

Madina Begum filed a suit for specific performance of a sale agreement that lacked a fixed calendar date for completion. The respondents contended the suit was barred by the three‑year limitation under Article 54 of Schedule I of the Limitation Act, 1963. The Supreme Court held that where no …

COMMISSIONER, M.P. HOUSING BOARD AND OTHERSversusM/S. MOHANLAL AND COMPANY

2016 INSC 1187Appeal(s) allowed

The parties entered into a construction contract containing an arbitration clause, and an award was rendered on 11 November 2010. The respondent later filed a Section 11 application in the High Court seeking appointment of an arbitrator, claiming the clause was invalid; the application was …

AJAY GUPTAversusRAJU @ RAJENDRA SINGH YADAV

2016 INSC 499Appeal(s) allowed

The plaintiff was required to file a suit by 31 December 2010, the last day of the court's winter vacation. 1 January 2011, a Saturday, was a non‑working day for judges but the registry remained open. The suit was filed on 3 January 2011. The trial court and the High Court held that the filing was …

M/S. SUNDARAM FINANCE LIMITEDversusNOORJAHAN BEEVI AND ANOTHER

2016 INSC 452Dismissed

M/s. Sundaram Finance Ltd., a hire‑purchase financier, sued Noorjahan Beevi and her husband for the balance of Rs.40,138 after seizing and selling a financed vehicle. The borrowers defaulted on the instalment payment on 20 May 1984, after which the financier seized the vehicle on 9 February 1985 and …

M/S. EMM ENN ASSOCIATESversusCOMMANDER WORKS ENGINEER & ORS.

2016 INSC 454Appeal(s) allowed

M/s Emm Enn Associates (contractor) completed a security‑fencing contract for the Government in July 2000 and received payment on 10 April 2001 for the undisputed portion of the final bill. The contract provided a two‑year defect‑liability period for the Government to recover any over‑payment, but …

M/S UMESH GOELversusHIMACHAL PRADESH COOPERATIVE GROUP HOUSING SOCIETY LTD.

2016 INSC 457Appeal(s) allowed

The appellant, an unregistered partnership firm, entered into a construction contract with the respondent and later contested the respondent's claim in arbitration. The respondent argued that Section 69(3) of the Partnership Act, 1932 barred the firm from participating in arbitral proceedings …

NIDHI KAIMversusSTATE OF MADHYA PRADESH & OTHERS ETC.

2017 INSC 131Directions issued

The appellants, who had secured admission to medical colleges in Madhya Pradesh through the Pre‑Medical Entrance Test (PMT), challenged the cancellation of their results and admissions on the grounds that the Vyapam Board was not validly constituted under the Madhya Pradesh Professional Examination …

NARAYANversusBABASAHEB & ORS.

2016 INSC 296Dismissed

The plaintiffs, children of a deceased father, filed a partition suit in 1989 seeking to set aside two sale deeds executed by their mother, the natural guardian, in 1982 and 1988. The mother had sold the ancestral property without court permission, allegedly in contravention of the Hindu Minority …

BANGALORE DEVELOPMENT AUTHORITYversusN. JAYAMMA

2016 INSC 256Appeal(s) allowed

The Bangalore Development Authority (BDA) acquired land under the Land Acquisition Act, 1894, but the original owner retained actual possession and later sold the parcel to N. Jayamma in 1994. Jayamma built a house and, after more than twelve years, sued for a declaration of title on the basis of …

STATE OF GUJARATversusM/S KOTHARI AND ASSOCIATES

2015 INSC 788Appeal(s) allowed

The State of Gujarat awarded a contract to M/s Kothari & Associates for canal lining, but repeatedly delayed handing over the site, forcing the contractor to seek four extensions of time. Each time the contractor claimed compensation for the delay, the State denied it, and the work was eventually …

B. S. SHESHAGIRI SETTY & ORS.versusSTATE OF KARNATAKA& ORS.

2015 INSC 782Appeal(s) allowed

The appellants, small farmers, mortgaged their agricultural land to a cooperative bank and, after defaulting, the bank obtained an ex‑parte arbitral award ordering sale of the mortgaged property. The land was auctioned in 1981 and the sale was confirmed in 1985, even though the appellants had repaid …

VASANT BALU PATIL & ORS.versusMOHAN HIRACHAND SHAH & ORS.

2015 INSC 757Dismissed

The plaintiffs filed suits for injunction against construction companies and later amended them to seek a declaration of title over 14.5 acres of land, claiming inheritance from their grandfather Amarsi Gujjar. The defendants, impleaded later, denied the plaintiffs' title, asserting that the land …

SHANTI DEVI & OTHERSversusKAUSHALIYA DEVI

2015 INSC 1023Disposed off

Ram Narayan filed a suit in 1966 which ultimately led to Civil Appeal No. 124 of 1987. The appellant died in 1994 and, because no substitution was filed within the 90‑day period prescribed by Rule 3 of Order XXII CPC and Article 120 of the Limitation Act, the appeal abated and was dismissed in …

BHARAT SANCHAR NIGAM LTD.versusPAWAN KUMAR GUPTA

2015 INSC 665Dismissed

The Supreme Court examined whether Bharat Sanchar Nigam Ltd. (BSNL), a statutory corporation that had acquired the assets and liabilities of the Department of Telecommunications (DoT), could invoke Article 112 of the Limitation Act, 1963, which grants a thirty‑year limitation period for suits by the …

SUNIL KUMAR VERMA AND OTHERSversusSTATE OF U.P. AND OTHERS

2015 INSC 1018Appeal(s) allowed

The Uttar Pradesh State Cement Corporation was wound up in 1999, leaving a group of employees retrenched under the Uttar Pradesh Absorption of Retrenched Employees Rules, 1991. Earlier Supreme Court judgments had affirmed that such employees were entitled to be absorbed in government service despite …

J. THANSIAMAversusSTATE OF MIZORAM & ORS.

2015 INSC 651Dismissed

J. Thansiama filed a suit for declaration of title against the State of Mizoram. The trial court held that the Limitation Act, 1963 did not apply to Mizoram and allowed the suit. The Gauhati High Court reversed this, holding that the Limitation Act was applicable and dismissed the suit as …

PRABHAKARversusJOINT DIRECTOR, SERICULTURE DEPARTMENT &ANR.

2015 INSC 1014Dismissed

The petitioner, a former clerk of the Karnataka Sericulture Department, was terminated in 1985 but only raised an industrial dispute in 1999, fourteen years later, alleging illegal termination under the Industrial Disputes Act. The Labour Court awarded reinstatement without back wages, which the …

SANDU (D) BY LRS.versusGU LAB (D) BY LRS. AND OTHERS

2015 INSC 639Appeal(s) allowed

The case concerned land originally owned by a tribal person that had been sold to a non‑tribal transferee. The Assistant Collector initially dropped restoration proceedings under Section 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, because the tribal transferor was …

COMMISSIONER OF CENTRAL EXCISE, TIRUCHIRAPALLIversusM/S. DALMIA CEMENT(BHARAT) LTD.

2015 INSC 627Dismissed

The appellant, Commissioner of Central Excise, sought to enforce a refund order dated 06‑06‑1989 in favour of M/s Dalmiacement (Bharat) Ltd. The refund had not been paid, leading to contempt proceedings and a High Court order directing the Assistant Commissioner to examine the claim under the …

STANDARD CHARTERED BANKversusANDHRA BANK FINANCIAL SERVICES LTD & ORS.

2015 INSC 618Appeal(s) allowed

Standard Chartered Bank (SCB) bought 17% NPCL bonds from Andhra Bank Financial Services Ltd (ABFSL) and later discovered that the bonds had been misappropriated by broker Hiten P. Dalal and Canara Bank Mutual Fund (CMF). SCB filed a suit for conversion and amended it to implead Dalal and CMF, but …

L.C. HANUMANTHAPPA (SINCE DEAD) REPRESENTED BY HIS LRS.versusH. B. SHIVAKUMAR

2015 INSC 612Dismissed

L.C. Hanumanthappa filed a suit for permanent injunction against H.B. Shivakumar on 9 March 1990. The defendant’s written statement dated 16 May 1990 denied the plaintiff’s title to the suit property, thereby putting the plaintiff on notice that a right to sue for declaration of title had arisen. On …

SATYA PAL ANANDversusSTATE OF M.P. AND OTHERS

2016 INSC 988

Satya Pal Anand, a septuagenarian, claimed that a plot of land allotted to his mother by a cooperative society was unlawfully cancelled by the society through a Deed of Extinguishment dated 9‑8‑2001, and that subsequent sale deeds to third parties were also void. The Sub‑Registrar refused to cancel …

BALESHWAR DAYAL JAISWALversusBANK OF INDIA & ORS.

2015 INSC 545Disposed off

The Supreme Court examined whether the Appellate Tribunal under the SARFAESI Act could condone a delay in filing an appeal under Section 18(1). It held that Section 18(2) incorporates the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, including the proviso to …

UNION OF INDIA & ORS.versusSHRI HANUMAN INDUSTRIES & ANR.

2015 INSC 394Appeal(s) allowed

The Union of India and the North Eastern Council (NEC) implemented the Scheme of Promotion of Industries in North East (SPINE) to provide financial assistance to new industries. Several applicants obtained a court order in 2007 directing the authorities to process their applications, a decision …

FATEHJI & COMPANY & ANR.versusL.M. NAGPAL & ORS.

2015 INSC 356Appeal(s) allowed

The plaintiffs entered into a written agreement of sale on 2 July 1973 for a property, with performance fixed for 2 December 1973. The defendants sought extensions, the last of which expired on 1 February 1977. The plaintiffs filed a suit for specific performance on 29 April 1994, and the defendants …

M.P. STEEL CORPORATIONversusCOMMISSIONER OF CENTRAL EXCISE

2015 INSC 346Appeal(s) allowed

M.P. Steel Corporation imported a vessel and disputed the customs duty assessed on its light displacement tonnage. After paying duty, the corporation appealed the Collector's order before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT), which allowed the appeal, but the Supreme …

PADMAKUMARI & ORS.versusDASAYYAN &ORS.

2015 INSC 288Appeal(s) allowed

The plaintiff, Padmakumari & ors., entered into an unregistered agreement to purchase 2.08 acres of land from defendants 1‑11, agreeing to pay the balance consideration of Rs 63,000 within nine months. The plaintiff failed to make this payment within the stipulated period, while defendants 12‑15 …

P. R. YELUMALAIversusN.M. RAVI

2015 INSC 271Disposed off

The plaintiff‑buyer entered into a sale agreement and obtained a decree for specific performance, which required him to deposit the balance consideration of Rs.33,60,000 within one month of the decree and in the form of a demand draft. The trial court extended the time by two months, making the …

RATHNAVATHI & ANOTHERversusKAVITA GANASHAMDAS

2014 INSC 751Disposed off

The plaintiff entered into a 1989 agreement to purchase a house from defendant No.2, paid the full consideration, but the seller failed to execute the sale deed. The plaintiff filed two suits: one for permanent injunction to prevent dispossession by defendant No.1 and No.2, and another for specific …

RAGHUBIR SINGHversusGENERAL MANAGER, HARYANA ROADWAYS, HISSAR

2014 INSC 592Appeal(s) allowed

Raghuvir Singh, a conductor with Haryana Roadways, was arrested in 1994 on a criminal charge of ticket‑money misappropriation and was terminated from service without a proper enquiry or show‑cause notice. After being acquitted in 2002, he sought reinstatement; the dispute was referred by the State …

SURESH KUMAR DAGLAversusSARWAN & ANR.

2014 INSC 995Appeal(s) allowed

The first respondent executed a registered sale deed in favour of the appellant on 30 November 1992 and later filed a criminal complaint alleging cheating, which was dismissed on 30 November 1993. After a delay of fourteen years, on 28 June 2006, the first respondent instituted a civil suit seeking …

SINGH RAM (D) THR. L.RS.versusSHEO RAM & ORS.

2014 INSC 554Dismissed

The case involved a usufructuary mortgage executed in 1903 where the mortgagee claimed ownership after the statutory 30‑year limitation period had elapsed, while the mortgagor sought declaration of title by prescription. The trial and appellate courts held that, under Section 62 of the Transfer of …

STATE OF M.P. & ANR.versusANSHUMAN SHUKLA

2014 INSC 525Appeal(s) allowed

The State of Madhya Pradesh filed a civil revision under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, challenging an arbitral award dated 18 June 2003, but the revision was filed 80 days after the statutory three‑month period. The State also sought condonation of the delay …

SATTI PARADESI SAMADHI & PHILLIAR TEMPLEversusM. SANKUNTALA (D) TR. LRS. & ORS.

2014 INSC 467Appeal(s) allowed

The plaintiff, Satti Paradesi Samadhi & Pillayar Temple, filed a suit in 1997 seeking a declaration that three settlement deeds dated 27 March 1978, executed by a former trustee in favour of his daughters and granddaughter, were void, and also sought possession of the trust land. The defendant …

RAM KARAN (DEAD) THROUGH LRS. & ORS.versusSTATE OF RAJASTHAN AND ORS.

2014 INSC 433Appeal(s) allowed

The appellant, Ram Karan (deceased) through legal representatives, purchased agricultural land in 1962 from a Scheduled Caste vendor and obtained mutation in 1966. The State of Rajasthan, via a Tehsildar, filed a suit under Section 175 of the Rajasthan Tenancy Act in 1993 seeking ejectment, alleging …

KARAM KAURversusJALANDHAR IMPROVEMENT TRUST AND ORS.

2014 INSC 349Dismissed

The original plaintiff, Ramesh Chander, sued Jalandhar Improvement Trust for vacant possession of a plot allotted to him after his father's land was acquired. The trial court decreed in his favour, but the first appellate court reversed the decision, leading Ramesh to file a second appeal. Ramesh …

ANNAPURNAversusMALLIKARJUN & ANR.

2014 INSC 268Appeal(s) allowed

The judgment debtor sought to set aside a court‑sale of his house under Order XXI Rule 89 of the CPC but failed to make the mandatory deposit of the sale price. The executing court rejected his application and the appellate court dismissed his appeal. He then filed a writ petition, and the High …

T.N. GENERATION & DISTBN. CORPN. LTD.versusPPN POWER GEN. CO. PVT. LTD.

2014 INSC 248Dismissed

The appellant, a power distribution company, entered into a Power Purchase Agreement (PPA) with the respondent, a power generator, and disputed accounting details and rebate claims arising from monthly invoices. The dispute was taken before the Tamil Nadu Electricity Regulatory Commission (State …

VOLTAS LTD.versusROLTA INDIA LTD.

2014 INSC 102Case Partly allowed

Voltas Ltd. and Rolta India Ltd. entered into civil construction contracts which later gave rise to disputes and termination. The appellant invoked the arbitration clause in 2006, after which the respondent filed a counter claim of Rs.333.73 crores in 2011. The key issue was whether the counter …

SURJIT KAUR GILL & ANR.versusADARSH KAUR GILL & ANR.

2014 INSC 71Appeal(s) allowed

The plaintiff, acting as administrator of his deceased sister's will, filed a suit for partition of her estate and related reliefs. The defendant moved an application under Order VII Rule 11 of the CPC, claiming the suit was barred by limitation. The trial judge dismissed the application, but the …

JANATHA DAL PARTYversusTHE INDIAN NATIONAL CONGRESS & OTHERS

2014 INSC 45Dismissed

The Indian National Congress (INC) filed a suit to declare its title and obtain possession of the Congress Bhavan in Bangalore, a property originally gifted to the Bangalore City Congress Committee in 1949. After the 1969 split of the INC into Congress (J) and Congress (O), the Election Commission …

LAKHA RAM SHARMAversusBALAR MARKETING PRIVATE LIMITED & ORS.

2013 INSC 789Appeal(s) allowed

The appellant, who had been using the trademark KUNDAN for his cable business since 1980, filed an injunction suit against the respondent for using the same mark. While the suit was pending, the respondent obtained registration of the mark in 1995. The appellant then filed a rectification …

ONGC LTD.versusM/S. MODERN CONSTRUCTION AND CO.

2013 INSC 683Appeal(s) allowed

The appellant, ONGC Ltd., challenged a High Court order that allowed the respondent, M/s Modern Construction, to claim interest on a decree from the date the suit was originally filed in 1986 before a court that lacked territorial jurisdiction. The Supreme Court held that when a plaint is returned …

GOTHAMCHAND JAINversusARUMUGAM @ TAMILARASAN

2013 INSC 634Dismissed

Gothamchand Jain filed a suit for specific performance of a contract in Pondicherry in 1991. The trial court held that Article 2262 of the French Code Civil, which provides a thirty‑year limitation, applied and the suit was not time‑barred. The High Court reversed, finding that the Indian Limitation …

ESHA BHATTACHARJEEversusMANAGING COMMITTEE OF RAGHUNATHPUR NAFAR ACADEMY AND OTHERS

2013 INSC 620Appeal(s) allowed

The case arose from a writ petition filed by an assistant teacher seeking enforcement of an interim order that her services not be disturbed. The managing committee of the school failed to comply with the order, leading to multiple contempt petitions. The committee later appealed the interim order …

SINGARENI COLLIERIES CO. LTD.versusVEMUGANTI RAMAKRISHAN RAO & ORS.

2013 INSC 578Dismissed

The Supreme Court examined whether the time taken to obtain a certified copy of a High Court order vacating a stay could be excluded from the two‑year period prescribed under Section 11‑A of the Land Acquisition Act, 1894 for making an award. The Court held that Section 11‑A only excludes the period …

ECON ANTRI LTD.versusROM INDUSTRIES LTD. & ANR.

2013 INSC 561Reference answered

The Supreme Court examined whether a complaint under Section 138 of the Negotiable Instruments Act must be filed within one month of the cause of action arising, and specifically whether the day the cause of action arose should be counted in the 30‑day period prescribed by Section 142(b). Relying on …

BASAWARAJ & ANR.versusTHE SPL. LAND ACQUISITION OFFICER

2013 INSC 551Dismissed

The appellants challenged the acquisition of their land under the Land Acquisition Act, 1894 and, after receiving an award, filed references for enhanced compensation. Dissatisfied with the award, they filed appeals under Section 54 of the Act in the High Court on 16 August 2007, more than five …

SCHLUMBERGER ASIA SERVICES LTD.versusOIL & NATURAL GAS CORPORATION LTD.

2013 INSC 335Case Allowed

Schlumberger Asia Services Ltd. entered into a contract with Oil & Natural Gas Corporation Ltd. (ONGC) for oilfield equipment and services. After alleged non‑payment of invoices, Schlumberger sent several notices to ONGC from 2008 onward, invoking arbitration under Clause 27 of the contract. ONGC …

AMALENDU KUMAR BERA & ORS.versusTHE STATE OF WEST BENGAL

2013 INSC 191Appeal(s) allowed

The decree dated 7 August 1969 in a title suit was executed in 2009. The State of West Bengal raised objections under Section 47 of the CPC in 2010 and again in 2011, both of which were dismissed. The State later filed a civil revision challenging the 2010 order and sought condonation of delay under …

SUSHIL K. CHAKRAVARTY (D) THR. LRS.versusM/S. TEJ PROPERTIES PVT. LTD.

2013 INSC 174Dismissed

The case concerned two cross suits between Sushil K. Chakravarty (deceased) and M/s Tej Properties Pvt. Ltd. over an agreement to sell agricultural land. The sole defendant died during the pendency of the suit, and the Delhi High Court proceeded ex‑parte without impleading his legal heirs, invoking …

BOARD OF TRUSTEES OF PORT OF KANDLAversusHARGOVIND JASRAJ & ANR.

2013 INSC 25Appeal(s) allowed

The Board of Trustees of Kandla Port terminated a lease of a 1891.64‑sq‑m parcel to Smt. Pushpa Shah after she defaulted on rent, issuing a termination order on 8‑Aug‑1977 effective 13‑Dec‑1978 and taking possession via a panchnama on 14‑Dec‑1978. The lessee’s own letter of 22‑Feb‑1979 admitted that …

KUMAR ETC. ETC.versusKARNATAKA INDUSTRIAL COOP. BANK LTD. & ANR.

2012 INSC 614Appeal(s) allowed

The Karnataka Industrial Co-operative Bank alleged that the appellants obtained loans by pledging fake gold ornaments and secured convictions in a criminal revision proceeding. The trial court had acquitted the appellants, but the High Court, exercising its revisional jurisdiction under Sections 397 …

JAYESH DHANESH GORAGANDHIversusMUNICIPAL CORPORATION OF GREATER MUMBAI & ORS.

2012 INSC 566Dismissed

The appellants, heirs of a plot of land in Borivali, challenged the reservation of their land for a municipal office under a Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). After the scheme was finalized, an arbitrator determined compensation, …

SATYA JAIN (D) THR. LRS. & ORS.versusANIS AHMED RUSHDIE (D) TR.LRS. & ORS.

2012 INSC 555Appeal(s) allowed

The Supreme Court examined a suit for specific performance of a 1970 agreement to sell a Delhi bungalow. The plaintiffs argued they were ready to fulfil their obligations, while the defendant claimed the suit was time‑barred and that the plaintiffs breached clause 7 by not paying an additional Rs 1 …

SHYAM BABUversusSTATE OF U.P.

2012 INSC 382Dismissed

The case concerns a 1978 incident in which seven accused, including Shyam Babu, were alleged to have fired on a group of villagers, resulting in five deaths and one injury. The trial court acquitted all seven, but the High Court set aside the acquittal and convicted three of the accused; four had …

RANJAN DWIVEDIversusC.B.I., THROUGH THE DIRECTOR GENERAL

2012 INSC 342Dismissed

The petitioners, accused in the 1975 Samastipur bomb‑blast case, sought quashing of the trial on the ground that a 37‑year delay violated their right to a speedy trial under Article 21 of the Constitution. The Supreme Court examined the jurisprudence on speedy trial, noting that the right is …

MULCHAND KHANUMAL KHATRIversusSTATE OF GUJARAT & ORS.

2012 INSC 151Appeal(s) allowed

The appellant, a joint owner of land in Palanpur, Gujarat, challenged a government acquisition of his property and obtained interim relief from the Gujarat High Court. While the proceedings were pending, the Land Acquisition Act was amended in 1984 inserting Section 11A, which mandates that an award …

BIMAL KUMAR & ANOTHERversusSHAKUNTALA DEBI & OTHERS

2012 INSC 110Appeal(s) allowed

A partition suit filed in 1962 was compromised in 1964, with the decree allocating exclusive possession of specific properties to each party. The predecessor of the appellants later challenged the compromise decree on grounds of fraud, but the suit was dismissed in 1994 and the subsequent appeal in …

ASSAM URBAN WATER SUPPLY & SEW. BOARDversusSUBASH PROJECTS & MARKETING LTD.

2012 INSC 42Dismissed

The Assam Urban Water Supply & Sewage Board and Subash Projects & Marketing Ltd entered into two water‑supply contracts that gave rise to disputes resolved by a sole arbitrator appointed under the Arbitration and Conciliation Act, 1996. The arbitrator issued awards on 22 August 2003, which the …

MIS. DISHA CONSTRUCTIONS AND ORS.versusSTATE OF GOA AND ANR.

2011 INSC 841Appeal(s) allowed

The appellants, Disha Constructions and others, entered into a contract to construct a school auditorium and were partially paid, leaving a balance due from September 2006. They served a notice under Section 80 of the CPC to the first defendant on 19 February 2009, which was received on 27 February …

KETAN V. PAREKHversusSPECIAL DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER.

2011 INSC 825Dismissed

The Special Director of Enforcement imposed a penalty on Ketan V. Parekh and others under the Foreign Exchange Management Act, 1999. The appellants filed appeals under Section 35 of the Act and sought condonation of a 1,056‑day delay, arguing that the time spent pursuing writ petitions in the Delhi …

UNION OF INDIA & ANR.versusM/S DEEPAK ELECTRIC & TRADING COMPANY & ANR.

2011 INSC 775Appeal(s) allowed

The Union of India and another appealed against a High Court order that held its objections to an arbitral award were time‑barred. The award was filed on 17‑06‑1996 and a notice of filing was served on the Union of India, but not on the Executive Engineer, who was responsible for the Union’s affairs …

KHATRI HOTELS PRIVATE LIMITED AND ANOTHERversusUNION OF INDIA AND ANOTHER

2011 INSC 667Dismissed

The appellants, Khatri Hotels Private Ltd. and another, claimed title and sought an injunction over land they alleged to have purchased. The land had been urbanised under the Delhi Municipal Corporation Act, 1957 and transferred to the Delhi Development Authority (DOA) by notification under the …

HIGH COURT OF JUDICATURE AT PATNAversusMADAN MOHAN PRASAD & ORS.

2011 INSC 652Disposed off

The respondent, a former Munsif in the Bihar State Judicial Service, was dismissed, reinstated, and later suspended, after which he was posted as an Additional Munsif. He repeatedly sought promotion to higher judicial posts on the basis that his juniors had been promoted between 1971 and 1978, …

STATE OF JHARKHAND & ORS. ETC.versusM/S. SHIVAM COKE INDUSTRIES, DHANBAD, ETC.

2011 INSC 569Disposed off

The respondents, manufacturers of coke, were assessed for tax under the Bihar Finance Act, 1981 and the Deputy Commissioner issued revised assessment orders. After a change in the Deputy Commissioner, the new officer highlighted irregularities and informed the Joint Commissioner, who then exercised …

STATE OF GOAversusPRAVEEN ENTERPRISES

2011 INSC 423Appeal(s) allowed

The State of Goa contracted Praveen Enterprises for construction work and included an arbitration clause that referred all disputes to a sole arbitrator appointed by the Chief Engineer, CPWD. After terminating the contract, the contractor filed claims and the State filed counter‑claims; the State …

MANGLURAM DEWANGANversusSURENDRA SINGH AND ORS.

2011 INSC 428Case Partly allowed

In a suit for declaration, possession and damages, the sole plaintiff died and the appellant sought to be added as the legal representative under Order 22 Rule 3 of the CPC, claiming entitlement under a will. The trial court rejected the application, found the will unproved and dismissed the suit …

DR. SHEHLA BURNEY AND. OTHERSversusSYED ALI MOSSA RAZA (DEAD) BY LRS. AND ORS.

2011 INSC 327Appeal(s) allowed

The plaintiffs filed a suit for possession of a 3‑acre land alleging title derived from their parents. Defendant No.1 (Razia Begum) transferred the land to Lateef Hassan Burney (defendant No.2) who was later impleaded. The amended plaint sought possession only against defendant No.1 and made no …

THIRUMALAI CHEMICALS LIMITEDversusUNION OF INDIA & ORS.

2011 INSC 292Disposed off

Thirumalai Chemicals Ltd imported goods in 1996 and, due to a bank error, the required exchange control documents were not forwarded to the RBI, leading to penalty orders under FERA. The company sought to appeal these orders after FEMA came into force, filing belated appeals in 2004 before the …

T.V. VENUGOPALversusUSHODAYA ENTERPRISES LTD. AND ANR.

2011 INSC 176Disposed off

The appellant, a Karnataka‑based incense‑stick manufacturer, adopted the mark "Eenadu" for its products and sold them in Andhra Pradesh. The respondent, a prominent Telugu newspaper and media group, claimed that the mark had acquired extraordinary reputation and goodwill in the state and that the …

LANKA VENKATESWARLU (D) BY LRS.versusSTATE OF A.P. & ORS.

2011 INSC 159Appeal(s) allowed

The original plaintiff, Lanka Venkateswarlu, filed a suit for title and injunction which was appealed after his death in 1990. The High Court ordered the government pleader to bring the legal heirs on record within a week, failing which the appeal would be dismissed. The appeal was dismissed on 6 …

STATE OF ORISSA & ANR.versusMAMATA MOHANTY

2011 INSC 113Disposed off

The Supreme Court examined a group of appeals challenging High Court orders that granted UGC pay‑scale benefits to lecturers appointed in aided colleges without meeting the statutory eligibility of 54% marks in their Master's degree and without following the prescribed advertisement procedure. The …

HARI RAMversusJYOTI PRASAD & ANR.

2011 INSC 74Dismissed

Hariram appealed against judgments that upheld a permanent injunction ordering the removal of his alleged encroachment on a 10‑foot public street. He argued that the suit was barred by limitation, violated Order I Rule 8 of the CPC, and lacked proof that the land was a public street. The Supreme …

INDIAN OIL CORPORATION LTD. & ORS.versusSUBRATA BORAH CHOWLEK, ETC.

2010 INSC 776Appeal(s) allowed

The respondents, employees of Indian Oil Corporation, obtained a writ order regularising their service. The corporation appealed the order, filing its appeal 59 days after the deadline and seeking condonation of delay under Section 5 of the Limitation Act, 1963. The Gauhati High Court Division Bench …

RAMJI PANDEY AND ORS.versusSWARAN KALI

2010 INSC 731Dismissed

The respondent sued the appellants for a declaration of co‑ownership of a house. The appellants failed to appear, resulting in an ex‑parte decree in the respondent's favour. They later filed a recall application, which was rejected, and subsequently appealed the decision in a District Court that …

OM PRAKASHversusASHWANI KUMAR BASSI

2010 INSC 550Dismissed

The landlord filed an eviction petition under Section 13‑B of the East Punjab Urban Rent Restriction Act, 1949 and served the tenant on 19 May 2005, requiring the tenant to apply for leave to contest within 15 days. The tenant filed the application one day late, on 4 June 2005, and then sought …

STATE OF HIMACHAL PRADESH & ANR.versusM/S. HIMACHAL TECHNO ENGINEERS & ANR.

2010 INSC 429Appeal(s) allowed

The State of Himachal Pradesh entered into a construction contract and, after a dispute over extra work payment, the matter was referred to arbitration. The arbitrator issued an award on 5 November 2007, which was physically delivered to the office on 10 November (a holiday) but actually received by …

BALWANT SINGH (DEAD)versusJAGDISH SINGH & ORS.

2010 INSC 388Dismissed

The landlord Balwant Singh filed an eviction suit which was appealed up to the Supreme Court. While the appeal was pending, the sole appellant died on 28 November 2007. The legal representatives filed applications on 15 April 2010, 778 days after the death, seeking to be brought on record under …

IMPROVEMENT TRUST, LUDHIANA ETC.versusUJAGAR SINGH & ORS. ETC.

2010 INSC 342Disposed off

The Improvement Trust, Ludhiana, acquired land and was awarded compensation which it failed to pay, leading to the attachment and auction of the property in 1992. The auction purchaser, Jagan Singh & Co., paid Rs.22.65 lakh, but the Trust later filed objections under Order 21 Rule 90 CPC, which were …

STATE OF ORISSAversusSTATE OF ANDHRA PRADESH

2010 INSC 270Dismissed

The State of Orissa filed a suit under Article 131 of the Constitution seeking a declaration that the Borra group of villages belonged to it, asserting that the area was part of the Jeypore (Imparible) Estate transferred to Orissa in 1936. The State of Andhra Pradesh contested the suit, arguing that …

STATE OF MAHARASHTRAversusM/S. HINDUSTAN CONSTRUCTION COMPANY LTD.

2010 INSC 191Dismissed

The State of Maharashtra entered into a construction contract with Hindustan Construction Company Ltd., and after the arbitral tribunal awarded Rs. 17.81 crore to the company, the State filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award on five …

UNION OF INDIA & ORS.versusM/S. NEELAM ENGINEERING & CONSTRUCTION COMPANY

2010 INSC 142Dismissed

The Union of India and others entered into a contract with M/s Neelam Engineering for security lighting, which later gave rise to disputes resolved by an arbitrator who awarded Rs.1,70,020 in favour of the respondent. The respondent filed a petition under Sections 14(2), 17 and 29 of the Arbitration …

BHAGWAN DAS & ORS. ETC.versusSTATE OF UP & ORS.

2010 INSC 127Appeal(s) allowed

The appellants' land was acquired for a market yard and an award was made by the Land Acquisition Collector on 14 March 2007, but they were not served notice of the award until 25 October 2007 and only became aware of its contents on 16 November 2007. They filed an application under Section 18 of …

DAYA SINGH & ANR.versusGURDEV SINGH (DEAD) BY L.RS. & ORS.

2010 INSC 18Appeal(s) allowed

The appellants and respondents entered into a written compromise on 26 October 1972 concerning the division of land shares. On 21 August 1990 the appellants filed a suit for declaration of ownership and correction of revenue records, alleging that the respondents refused to acknowledge their claim …

PRITHIPAL SINGHversusSATPAL SINGH (D) THROUGH LRS.

2009 INSC 1321Appeal(s) allowed

The landlord filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The tenant applied for leave to contest the eviction after an eight‑day delay, which the Additional Rent Controller rejected, leading to an eviction order. The tenant later sought to set aside that …

UNION OF INDIA & ORS.versusM. K. SARKAR

2009 INSC 1288Appeal(s) allowed

M.K. Sarkar, a railway employee who retired in 1976, did not exercise the option to shift from the Contributory Provident Fund (CPF) to the pension scheme before the statutory deadline of 31 December 1978. After receiving his CPF lump‑sum, he filed a representation in 1998 seeking to switch to the …

BANDA CHINNA SUBBARAYUDU & ORS.versusTHAILAM VISHANATHA RAO & ANR.

2009 INSC 1202Appeal(s) allowed

The appellants obtained a decree for recovery of money and the decree-holder initiated execution proceedings, resulting in the sale of the appellants' property on 25 November 2003. On the same day a third party obtained a stay of the execution proceedings, which remained in force until 2 December …

LAXMIDAS MORARJI (DEAD ) BY LRS.versusMISS BEHROSE DARAB MADAN

2009 INSC 1153Dismissed

The landlord of a flat in Greater Bombay filed a suit under Section 28 of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 seeking eviction of the occupant, who claimed tenancy rights as a family member of the deceased tenant. The Small Causes Court entertained the suit, but the …

SHUB KARAN BUBNA @ SHUB KARAN PRASADversusSITA SARAN BUBNA & ORS.

2009 INSC 1062Dismissed

The petitioners sought a final decree for partition of property after a preliminary decree had been passed in 1964. The respondents argued that the application for a final decree was barred by the three‑year limitation period under Article 137 of the Limitation Act, 1963. The Supreme Court held that …

AMARENDRA KUMAR PAULversusMAYA PAUL & ORS.

2009 INSC 1009Dismissed

The husband appealed against a magistrate's order granting maintenance to his wife and three children under Section 125 of the CrPC. The children, who were minors when the order was made, later attained majority or married, and the wife filed execution applications seeking arrears for periods after …

NAHAR INDUSTRIAL ENTERPRISES LTD.versusHONG KONG & SHANGHAI BANKING CORPORATION

2009 INSC 966Disposed off

Nahar Industrial Enterprises Ltd entered into ISDA derivative contracts with Hong Kong & Shanghai Banking Corp. When disputes arose, Nahar filed a civil suit in Ludhiana seeking a declaration that the contracts were void and an injunction, while the bank filed an application before the Debt Recovery …