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983 judgments · newest first · showing 601–800
The Steel Authority of India Ltd. (SAIL) acquired land for a steel plant, awarding compensation to landholders; some accepted the award without protest, others accepted under protest and filed applications for reference under Section 18 of the Land Acquisition Act, 1894. The High Court directed the …
K. Ramachandran was acquitted by a Sessions Court of murder and related offences. The victim's father filed a criminal revision, while the State later filed an appeal against the acquittal but sought condonation of an 801‑day delay, which the High Court Division Bench rejected, effectively …
Eastern Coalfields Ltd., a public sector undertaking, entered into an excavation contract with Sanjay Transport Agency, a private party. When a dispute arose, the contractor invoked Section 11(6) of the Arbitration and Conciliation Act, 1996, and the Calcutta High Court appointed an arbitrator. The …
The State of Karnataka challenged a Karnataka Land Reforms Tribunal order that declared a partnership firm to be holding 368.16 acres of agricultural land in excess of the ceiling limit. The State alleged fraud by the declarants and the Tribunal's secretary (Tahsiladar) and filed a review petition …
National Aluminium Co. Ltd. & Anr. (appellant) entered into a works contract with G.C. Kanungo (respondent). After completion of the work, the respondent sought arbitration for additional dues, and an arbitrator appointed at his request passed an award. The civil judge later made the award a rule of …
The plaintiff purchased a 5‑acre plot in 1982 and sued the defendants for declaration of title and possession, alleging encroachment. The trial court and the High Court Single Judge dismissed the suit, finding that the plaintiff had not proved any title or prior possession and that the defendants …
The borrower, Laxmi Prasad, had pledged jewellery to money‑lender Seth Ramdayal Jat in 1987 for a loan. After the lender was convicted in a criminal case for charging excess interest, the borrower served a notice on 12 May 1998 demanding the return of the jewellery, which was ignored. A suit for …
The dispute concerned the right of two neighbouring parties to use a lane connecting their houses. Respondents filed a suit for injunction which was dismissed, and the order was appealed; the appellants then filed a second appeal before the High Court. During the pendency of that appeal, respondents …
The Supreme Court was asked to interpret whether the word "date" in Article 54 of the Schedule to the Limitation Act, 1963 denotes a specific calendar date. The Court examined the meanings of "date" and "fixed" and held that "date fixed for the performance" is a crystallized notion indicating a …
The Commissioner of Customs & Central Excise filed a reference application under Section 35H(1) of the unamended Central Excise Act, 1944, seeking the High Court’s direction to refer a question of law to the Appellate Tribunal, but the application was filed after the statutory period of 180 days. …
The dispute arose between step‑brothers over the validity of a registered will and the right to obtain probate or letters of administration under the Indian Succession Act, 1925. The respondent claimed the will was valid, while the appellant sought probate. The central legal question was whether …
The case concerned a dispute over joint and self‑acquired properties of step‑brothers Bapurao and Shivappa. In 1955 four registered deeds – a partition deed, a sale deed and two settlement deeds – were executed, allegedly to protect Bapurao’s assets from creditors. After Shivappa’s death, the heirs …
The appellant, a school, appealed an order of the Director of Pre‑University Education granting promotion to an assistant teacher (respondent No.1). The respondent filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the Director’s …
The father, Haji Sk. Abdullah, executed a registered gift deed on 21‑02‑1973 in favour of his younger son Abdul Razak, transferring a house that was let out to tenants. After the father's death, Razak died and his heirs (the appellants) succeeded to his interest. The elder son (respondent No.1) …
The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the Special Tribunal or Special Court created under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 could decide questions of adverse possession. The Court examined the provisions of the Act, its …
The Supreme Court examined two appeals arising from a High Court judgment involving Visakhapatnam Port Trust (VPT) and M/s Continental Construction Company. The first appeal concerned a claim of Rs 74,810.38 for recovered jack‑rods, which the Court held was time‑barred under Section 37 of the …
The appellant, Sneh Gupta, an heir of Munni Devi, challenged a compromise decree that had been entered into by the original plaintiff Veena Nirwani and certain defendants during the pendency of two suits concerning land mutation and alleged fraud. The compromise resulted in the withdrawal of both …
The case involved an appeal by J. Kumaradasan Nair & Anr. against Iric Sohan & Ors. concerning the applicability of Section 14 of the Limitation Act, 1963, after the appellants had prosecuted appeals in the wrong forum and cited an incorrect provision. The Kerala High Court had held that Section 14 …
The appellants sought restoration of possession of land under Section 145(6) of the Criminal Procedure Code after an Executive Magistrate had declared their right to possession in 1994. The respondent obtained a revision and the High Court set aside the lower courts' orders, invoking the Specific …
The case arose from a consolidation proceeding under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, where orders passed in 1981‑82 were challenged by two respondents who were minors at the time. They filed a revision application in 1993 before the Deputy Director Consolidation, …
The petitioner filed a Special Leave Petition (SLP) 568 days after the Madras High Court judgment of 18 September 2006, claiming the delay was caused by the pendency of a review application filed within the prescribed period. The central issue was whether the prosecution of a review proceeding could …
The appellants (joint purchasers) entered into an agreement of sale with the respondents (vendors) for land development, which required the purchasers to obtain a layout plan. After disputes, one co‑purchaser entered into a compromise with the vendors, effectively rescinding his part of the …
The appellant, H.P. State Forest Co. Ltd., insured timber with United India Insurance Co. Ltd. under a policy dated 16 November 1987 that was later found to be a typographical error and effectively covered only eight months. The timber was washed away in September 1988, and the insurer repudiated …
The contractor, M/s P. Manohar Reddy & Bros., completed an excavation contract for the Maharashtra Krishna Valley Development Corporation, received full payment and accepted the final bill. Later it claimed extra work, but raised the claim after the contract had ended and beyond the 30‑day period …
Shakti Tubes Ltd., a contractor for the State of Bihar, entered into a contract for supplying black pipes that contained an escalation clause. Disputing the escalated price, the contractor filed a writ petition in 1994, which was partially admitted in 1995. After serving a notice under CPC s.80, it …
The plaintiff, a lease‑holder of land and superstructure since 1951, entered into a sale agreement with a charitable trust on 26 February 1980, subject to permission from the Charity Commissioner under Section 36 of the Bombay Public Trust Act. The Commissioner initially ordered the property to be …
The Sunita Devi Singhania Hospital Trust, a charitable hospital, imported equipment under Notification 64/88-Cus which exempted it from customs duty provided it reserved 10% of beds for low‑income patients and offered free outpatient treatment to at least 40% of patients. The Customs, Excise and …
The appellants, owners of land acquired for a public project, obtained a compensation award which was later enhanced by a Reference Court. The State Government communicated its decision to acquiesce in the enhanced award to the beneficiary (respondent No.1), who nevertheless failed to file an appeal …
Noharlal Verma, a manager of District Co‑operative Central Bank Ltd., Jagdalpur, was removed from service on 29 April 1982 for alleged financial irregularities. He filed a departmental appeal and subsequently an application under Section 55 of the Madhya Pradesh Co‑operative Societies Act, 1960 on …
Krishna Gopal Kakani, who had deposited a small margin for letters of credit with Bank of Baroda, sought the refund of surplus proceeds after the bank’s goods were auctioned and the sale proceeds were deposited with the court. After numerous notices, a failed adjustment proposal, and a dismissed …
Hemaji Wagahaji Jat filed a suit seeking a permanent injunction and declaration of ownership of land in Yavarpura, claiming title by adverse possession. The trial court erroneously held that he had acquired ownership through adverse possession and decreed in his favour. The District Judge and the …
Deokar Exports imported a dehydration machine financed by Maharashtra State Finance Corporation (MSFC) and insured it against fire for the period 12‑Sep‑1986 to 12‑Mar‑1988. After the policy expired, MSFC sent a cheque for renewal which the insurer received on 26‑Aug‑1988; the insurer later issued a …
The appellant, Madan Kishore, claimed that as a sub‑tenant he was entitled to acquire proprietary rights over land under the Himachal Pradesh Abolition of Big Landed Estates and Reforms Act, 1953, and that a Compensation Officer had validly conferred such rights on him. The Supreme Court examined …
Tarsem Singh, invalidated from the Indian Army in 1983, sought disability pension. A single High Court judge in 2000 granted the pension and limited arrears to 38 months before the writ filing. Unsatisfied, Singh appealed, and the High Court Division Bench in 2006 ordered payment of arrears from …
The State of NCT of Delhi filed a criminal revision petition against the discharge of Ahmed Jaan, who was charged with offences under Sections 121, 121A, 122, 124A and 120B of the IPC for alleged terrorist activities. The trial court discharged him for lack of prima facie evidence. The State’s …
The case concerned the alienation of undivided co‑parcenary property by a Hindu coparcener through a gift deed, two sale deeds and a will. The Supreme Court held that a gift by a coparcener of his undivided interest in joint family property is void, and that the validity of the sale deeds must be …
The appellant had taken a loan and issued post‑dated cheques which were later dishonoured; a legal notice was sent on 17‑01‑2001 and a complaint under Section 138 of the Negotiable Instruments Act was filed on 20‑04‑2001, later amended to include Section 420 IPC. The High Court held that the …
The Wakf instituted suits for recovery of possession of certain properties, which the appellants claimed were private and barred by limitation under Article 134‑B of the Limitation Act, 1908, also pleading adverse possession. The trial court held the properties were Wakf property and barred by …
The High Court ordered the winding up of a company on 2 December 1983 and appointed an Official Liquidator. The Liquidator filed misfeasance proceedings on 1 December 1989 under s.543(1) of the Companies Act, 1956, although the five‑year limitation prescribed in s.543(2) had expired on 1 December …
The appellant, Perymon Bhagabathy (a devaswom), sought to set aside the abatement of a second appeal after the sole plaintiff, Bhargavi Amma, died during the pendency of the appeal. The High Court dismissed the appellant's applications to condone the delay, set aside the abatement, and bring the …
The State of West Bengal appealed against a West Bengal Administrative Tribunal order that granted higher pay scales to two officers, Kamal Sengupta and another, after a review application was allowed. The respondents contended that the Tribunal had no jurisdiction to review its own order on the …
The parties were involved in a partition suit filed in 1969, which resulted in a decree on 27 June 1975 declaring each party's one‑third share and directing that the partition be effected by the Collector under Section 54 of the Code of Civil Procedure. The trial court failed to send the decree to …
Khoday Distilleries Ltd (now Khoday India Ltd) manufactured whisky under the mark 'Peter Scot' and obtained registration in 1968. The Scotch Whisky Association and two respondents learned of the registration in 1974 but only filed an application for rectification in 1986, alleging that the mark was …
The case involved two sisters who challenged a 1983 deed of partition and relinquishment of their rights in family properties in favour of their brothers, alleging fraud and lack of consideration. The lower courts had held that the properties were joint family assets, the partition was a family …
The State of Madhya Pradesh filed a revision application before the High Court under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, but the application was 80 days late. The issue was whether Section 5 of the Limitation Act, 1963, which allows condonation of delay, applies …
The appellant sought a decree for redemption of a mortgage whose deed was registered in 1913, but the exact execution date was unknown. The suit was filed on 30 December 1970 and was dismissed by the trial court and first appellate court as barred by limitation. The High Court reversed, holding that …
The predecessor of the appellant filed a suit on 21 May 1990 for declaration of title, possession and setting aside a sale deed. During the pendency, two further sale deeds were executed, and an interim order of status quo was granted. Thirteen years later, on 11 June 2003, the appellant sought to …
The respondents filed a suit for specific performance of an agreement of sale, which the trial court decreed in their favour. The first appellate court dismissed the decree on the ground of limitation, holding that the pendency of a separate suit filed by the defendant's wife and children did not …
The dispute arose from a registered Will dated 5 August 1972 that mutated property in favour of the appellants. Respondent No.1 filed a suit alleging the Will was procured by fraud; the trial court dismissed the suit and held it barred by limitation under Article 59 of the Limitation Act, 1963. The …
The appellant mortgagee had taken a usufructuary mortgage on a property in 1948, allowing the mortgagor to remain in possession as a tenant. When the mortgagor defaulted on rent, the mortgagee obtained a money decree for arrears of rent and, in execution, purchased the property at a public auction …
The appellant filed a suit for specific performance of a sale and later sought to implead a third party, SA, who had already purchased the suit property. SA subsequently sold the property to the respondents, and an ex‑parte decree was passed against the appellant before SA was served with summons. …
The testator executed a will on 9 September 1991 and died on 5 October 1995. A probate petition filed by a respondent was withdrawn on 9 August 1999, after which respondents 1‑3 filed a petition for letters of administration on 7 August 2002. The appellant argued that the petition was barred by the …
The Supreme Court examined whether Section 14 of the Limitation Act, 1963, which excludes time spent prosecuting a proceeding in a wrong court, applies to an application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award. It held that while Section 5 …
The appellants filed two suits for specific performance of agreements to sell property, expressly stating in the plaints that they were always ready and willing to fulfil their part of the contracts. The defendants contested the validity of the agreements and claimed the suits were barred by …
The appeals concerned whether a High Court could condone a delay in filing a reference application under Section 35‑H of the Central Excise Act, 1944. The reference applications were filed after the statutory period of 180 days. The Court examined the provisions of Sections 35‑G, 35‑E(3) and the …
The appellant sought to set aside an abatement and substitute the legal heirs of two deceased respondents in a decree, filing the application under Section 152 CPC after learning of the deaths on 26 June 2003. The High Court rejected the application, declaring the decree a nullity on the ground of …
The contractor (N.C. Budhraja) completed excavation work for Orissa Mining Corp. Ltd. (OMC) and later claimed extra payment for work beyond the contract. OMC acknowledged pending claims in a letter dated 28‑Oct‑1978 and paid Rs.3,50,000 on 4‑Mar‑1980, after which the contractor invoked arbitration …
Miss Singh Enterprises appealed to the Supreme Court against the order of the Jharkhand High Court which had dismissed its writ petition challenging the dismissal of its appeal under Section 35 of the Central Excise Act. The appeal had been filed 21 months after the service of the original order, …
The appellants, Bogidhola Tea and Trading Co. Ltd. and others, were contractually obliged to supply made tea for the 1984 and 1985 seasons but delivered only a fraction of the quantity. The respondent sued for the price of the remaining tea, and the defendants failed to appear despite service of …
Manohar and others appealed against a High Court order that allowed execution of a decree for possession of land, arguing that the execution petition filed on 10‑December‑2001 was barred by the 12‑year limitation period under Article 136 of the Limitation Act, 1963. The decree, passed in a second …
Mahabir Singh filed a suit in 1985 and, after serving summons, obtained an ex‑parte decree against Subhash on 19‑Feb‑1986 when the defendant failed to appear. Subhash sought to set aside the decree under Order IX Rule 13 of the CPC on 7‑Feb‑1997, claiming improper service of summons. The trial court …
The respondents bought land from the Corporation of Madras, which was later mistakenly transferred to the Tamil Nadu Slum Clearance Board and allotted to the appellant under a slum‑clearance scheme. The respondents obtained a writ directing the denotification of the area as a slum, but the High …
The appellant filed a suit in 2001 seeking declaration of title, an injunction and, alternatively, recovery of possession of a property, alleging that the cause of action arose in 1994. The respondents moved an application under Order 7 Rule 11(d) of the CPC to reject the plaint on the ground that …
Ram Prakash Gupta, a handicapped plaintiff, filed a suit in 1990 seeking declaration of ownership of his house and nullity of two decrees obtained fraudulently by his brothers' sons in 1976. He discovered the fraudulent decree only in 1986 when an interpleader suit disclosed it. After 15 years of …
The appellant appealed a decree directing execution of a sale deed for a plot that had been transferred to the deceased respondent No.3 (Tarabai). During the pendency of the second appeal, Tarabai died and her legal heirs (respondents 5, 6 and 7) were on record. The High Court dismissed the appeal …
The appellant, Japani Sahoo, filed a criminal complaint on 5 February 1996 alleging assault and extortion by the respondent, an Inspector of Police. The Sub‑Divisional Judicial Magistrate took cognizance of the complaint only on 8 August 1997, more than a year after the alleged offence, and later …
The appellant, Kamakshi Builders, entered into a partnership with the owner of a property (Respondent No.3) and, through an arbitration award, acquired ownership of the premises that had been leased to Ambedkar Educational Society (Respondent No.1). The society claimed title to the property on the …
The plaintiff, Narain Prasad Aggarwal, claimed ownership of a parcel of land that had been auctioned in 1859 and subsequently passed down through his ancestors. The State of Madhya Pradesh asserted that the land was Nazul land held by the government on lease to the plaintiff's predecessor, Putri …
The plaintiffs, sons of the family Karta, sued the appellants for partition of two properties and for a decree directing the appellants to render accounts of a poultry‑tube manufacturing joint venture, claiming a 2/3 share in one property and a 4/9 share in the other. The appellants contended that …
Hardesh Ores Pvt. Ltd. and Sociedade de Fomento Industrial Pvt. Ltd. entered into extraction and purchase agreements with Hede & Co. containing a clause allowing the lessee to renew the lease every five years at its sole option. The lessees exercised the option in December 2001, but Hede & Co. …
The Punjab State issued a work order containing a clause that any dispute between the department and the contractor would be referred to the Superintending Engineer, whose decision would be final and binding. After the contractor completed the work, a dispute arose over final bills and measurements, …
The appellants purchased 14 acres of private forest land in Kerala before the appointed day of 10 May 1971 and sought exemption from vesting under the Kerala Private Forest (Vesting and Assignment) Act, 1971, invoking Section 3(3). The Forest Tribunal granted the exemption, but the State later …
The appellants purchased a 5‑acre plot by two registered sale deeds after the respondents had earlier bought a portion of the same land. They filed a suit for possession claiming title by adverse possession, asserting that they had been in open, continuous and hostile possession for over fifty …
The Supreme Court examined land acquisitions made under the Land Acquisition Act, 1894 for the "planned development of Delhi" and later for the development of Palam Airport, which were ultimately transferred to the International Airport Authority of India (IAAI). Petitioners challenged the …
The assessee challenged a trade tax demand under the Uttar Pradesh Trade Tax Act, 1948, and obtained relief from the Tribunal. The revenue department filed revision petitions under section 11 of the Act, which the Allahabad High Court allowed, setting aside the Tribunal's orders. The assessee …
Shree Ram Mills Ltd. and Utility Premises (P) Ltd. entered into two development agreements for a parcel of land, the first for 1.20 lakh sq.ft. of FSI and the second for a reduced area. A Memorandum of Understanding (MoU) dated 19‑Jan‑2005 was later executed to settle all disputes, with the …
The State of Arunachal Pradesh entered a contract for road bridge construction with M/s Damini Construction, which later refused payment, leading to arbitration. An interim award dated 12‑10‑2003 was issued, which the State later sought to review by letter on 02‑04‑2004; the arbitrator replied on …
The case arose from a long‑running dispute over ownership of certain lands originally sold by Kalyana Sundram Iyer. K.S. Setlur claimed title by adverse possession, asserting that tenant Shyamala Raju had attorned to him in 1946 and that he had been in possession for more than twelve years, a claim …
The respondent sued the appellant for recovery of money and issued a summons for appearance on 10‑Oct‑1988, which was served on 14‑Oct‑1988 without attaching a copy of the plaint. The trial court, without issuing a fresh summons, proceeded to an ex‑parte hearing and decreed on 13‑Dec‑1988. The …
Janardhanam Prasad (appellant) entered into a sale agreement with M. Manoharan (defendant No.1) for a piece of land. The same land was later agreed to be sold by the same defendant to Ramdas (respondent No.1) without a fixed time for performance. The respondent paid part consideration but, within 20 …
The appellants, sons of Sher Singh, inherited land sold by their father to Bansi. They challenged the sale in a suit that was dismissed, but on appeal a declaratory decree was obtained in their favour. While the decree was pending, both Sher Singh and Bansi died, and the appeal was abated on …
M. Durai sued Madhu and others for title to a parcel of land, relying on a sale deed dated 19‑Aug‑1978. The defendants claimed they had acquired title by adverse possession, having occupied the land openly and continuously for more than twelve years. The trial court accepted the defendants' claim …
The appellant, a guarantor and director of a liquidated company, challenged the Punjab National Bank's attempt to recover a debt by filing execution petitions. The High Court transferred the third execution petition, filed in 1999, to the Debt Recovery Tribunal (DRT) invoking inherent powers. The …
Respondent No.1, Shrimati Banjula Dastidar, sued her brother Sankar Dastidar for declaration of title to a residential house. The brother had locked a room containing her almirah on 16 March 1987, and an inventory of the goods was later made. In the same proceeding she filed a counter‑claim on 24 …
The appellant company insured logs against non-delivery with the respondent insurance company. The ship carrying the logs became stranded at Singapore and offloaded cargo, leading to a claim for constructive total loss. The insurer repudiated the claim, and the appellant filed suit. The Single Judge …
The plaintiff, a son who attained majority in 1974, filed a suit in 1981 to set aside a 1963 sale deed by which his maternal grandfather and his siblings purportedly sold his share in family land. The trial court held the suit barred by Article 60 of the Limitation Act, 1963, but the appellate …
The assessee, Mohan Brickfield, was engaged in brick manufacturing and sales. During two surveys of its premises in 1984-85, it failed to produce its books of accounts, which were later produced at the time of assessment. The Assessing Officer rejected the books, citing the non‑production at the …
The Chief Engineer of B.P.D.P./R.E.O., Ranchi appealed against a High Court order that dismissed its arbitration appeal as non‑maintainable. The appeal concerned whether an order setting aside or refusing to set aside an arbitral award falls within Section 37(1)(b) of the Arbitration and …
The Supreme Court examined whether the filing of an arbitration award by M/s Little & Co., acting as the arbitrator's agent, constituted statutory notice to Oil & Natural Gas Corporation Ltd. (ONGC) under Section 14(2) of the Arbitration Act, 1940, and when the limitation period for setting aside …
The testator executed a 1932 Will granting his sons only a life interest in certain properties, with absolute succession to their heirs after death. In 1975 the son, then a minor at the time of the Will, and his own son sold the property to the appellants, although they possessed only a life …
Three officers of the Punjab Agricultural Department filed suits in 1993 seeking a declaration that an endorsement dated 13‑Mar‑1980, which fixed their pay at Rs.940‑1850, was illegal and that they were entitled to the higher Deputy Director scale of Rs.1200‑1850, along with arrears and seniority …
The Delhi Sikh Gurdwara Management Committee held elections for its Executive Board on 19 December 2005, but the petitioner claimed confusion over the meeting date prevented his participation. He filed writ petitions under Article 226 of the Constitution challenging the validity of the election, …
The Union of India entered into a construction contract with Shring Construction Company. After the contract was completed, a dispute arose and the High Court appointed an arbitrator who awarded a sum to Shring. The Union challenged the award by filing a writ petition in the High Court, which was …
The insurer, United India Insurance Co. Ltd., invoked the arbitration clause in its policy with J.A. Infrastructure Pvt. Ltd. and, after two conflicting arbitral awards, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in the High Court, which was dismissed for lack of …
The appellants filed a suit claiming title to a municipal allotment, purchasing the land two days after filing, and alleged that the respondents had encroached on a portion of the property by erecting a hutment three years earlier. The respondents contended that they had been in possession since …
The owners of agricultural land mortgaged the property and, after the mortgagor's death, the heirs filed a suit for redemption under the Punjab Redemption of Mortgages Act. The Collector dismissed the suit for lack of sufficient evidence, but did not record any findings on the merits. The heirs …
The Kerala State Science & Technology Museum, a state‑owned society, entered into a construction contract with Rambal Company (Respondent No. I). After alleged breach, the museum terminated the contract and later issued a demand notice under Section 34 of the Revenue Recovery Act, 1968 for Rs …
The plaintiffs filed a suit for declaration of tenancy and injunction, but the plaintiff died and his legal representatives were added. After years of inactivity, the suit was posted before the trial judge under Rule 35 of the Calcutta High Court Original Side Rules and dismissed for …
The petitioners, nine shareholders of Sayaji Industries Ltd., filed a Company Petition under Section 155 of the Companies Act seeking rectification of the register on the ground that the managing director, Bipin Mehta, had fraudulently used company funds to purchase its own shares, violating Section …
The State of Goa challenged an arbitral award granted to Mis. Western Builders. After the award, the State filed a petition under the Arbitration Act, 1940, which was dismissed on the ground that the Arbitration and Conciliation Act, 1996 governed the matter. The State then sought condonation of …
The employee Chunilal Nanda was suspended by Midnapore Peoples' Co‑op. Bank Ltd. and challenged the suspension through multiple writ petitions. The High Court, in contempt proceedings, ordered his reinstatement, payment of arrears and the revocation of his suspension, and also directed the removal …
The employer (Assistant Engineer, Rajasthan) terminated pump driver Ram Charan. The Labour Court held that the termination violated Section 25F of the Industrial Disputes Act, 1947 and ordered reinstatement with 25% back wages. The employer challenged the award in the High Court; the Single Judge …
The appellant, a subsequent purchaser of a suit property, challenged a decree granting specific performance of an agreement for sale entered into between the original buyer (Respondent No.1) and a private limited company (Respondent No.2). The company had promised to execute and register a sale deed …
The appellants, judgment debtors, sought to set aside an ex parte decree dated 3 May 1976 and later faced an execution application filed by the decree holders on 5 April 1991. The executing court held that the 12‑year limitation period under Article 136 of the Limitation Act began from the dismissal …
The case concerned a sale deed executed in 1961 that purportedly showed a minor as a major, allegedly obtained by fraud. The minor later sued in 1979 to set aside the deed and claim a share in the land. The trial court dismissed the suit as barred by limitation, but the appellate court held the deed …
Mst. Sugani entered into an agreement to sell a house to Mahadeo on 13‑12‑1975 for Rs 7,000, paying Rs 5,000 as earnest money. Registration was barred by a prohibition on urban property sales, and Mahadeo later executed a sale deed in favour of Rameshwar Das and Jamuna Prasad. Sugani sued for …
Syndicate Bank extended various credit facilities to Gadag Forge Fits (India) Pvt Ltd. The company’s directors executed personal continuing guarantees payable on demand. When the company’s accounts became dormant in mid‑1986, the Bank sent a demand letter on 12 Oct 1987 and a formal notice on 17 Dec …
Three brothers dissolved their partnership in 1987 but later disagreed over the division of immovable assets. After numerous letters seeking an amicable settlement, the last correspondence was dated 29 September 1989. The appellants filed a petition under Section 20 of the Arbitration Act, 1940 on 8 …
The appellants, directors of Nalanda Ceramic & Industries Ltd., had secured a loan from State Bank of India by mortgaging the company's assets and providing personal guarantees. The bank filed a title mortgage suit against the company and the directors, but the High Court later ordered the winding …
Maharashtra State Financial Corporation (MSFC) had sanctioned a loan to Crystal Marketing Pvt Ltd, whose directors stood as sureties. After default, MSFC invoked Sections 31 and 32 of the State Financial Corporations Act, 1951 to sell hypothecated property, and later, after a shortfall, issued …
Jagat Ram, son of Manshan, claimed possession of land that had been subject to a 1945 compromise granting life interest to Kirpi, widow of Sunder, and thereafter to Manshan. Kirpi later adopted Varinder Prakash and gifted the land to him. After Kirpi's death in 1967, Manshan filed a suit for …
The plaintiffs, heirs of the original mortgagor, sued the heirs of the mortgagee for redemption of a usufructuary mortgage dated 7 September 1935 and for an account of income. The mortgagee had assigned the mortgage to an assignee on 12 February 1954, and the plaintiffs argued that this assignment …
The plaintiffs, successors of a predecessor who had entered into a 1964 agreement to purchase a property, filed a suit on 4 April 1994 for specific performance of that agreement and a perpetual injunction, after a public notice and objections in November 1993. The defendants contended that the suit …
Balakrishnan, the decree holder, purchased the judgment debtor's property in a court auction in 1981 and the sale was confirmed in 1983. He later filed an application for delivery of possession, which the trial court ordered in his favour. The respondent challenged the order, arguing that the …
The appellant, owner of agricultural land, had taken a bank loan and entered into a sale agreement with the respondent, who was to discharge the loan by depositing the mortgage amount and execute a sale deed. The appellant served a notice on 24 April 1984 demanding the respondent deposit the full …
In Ram Bachan Raj & Ors. v. Ram Udar Rai & Ors., the appellant challenged a Subordinate Judge's order that the limitation period for filing an execution petition under Article 136 of the Limitation Act, 1963 began when the decree became enforceable (i.e., when signed). The appellant relied on …
The Supreme Court heard appeals by Ashwin S. Mehta and other family members, who were notified persons under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, seeking release of residential flats and commercial premises that had been attached. The Special Court …
Harbans (plaintiff) and co‑defendants claimed ownership of a suit land on the basis that a usufructuary mortgage created over a century ago had become extinguished because the statutory limitation period for redemption (60 years) had expired. The defendant, Om Prakash, asserted that he had redeemed …
The case involved a usufructuary mortgage where the mortgagee, Rukmani Ammal, purchased the mortgaged property in a court‑sanctioned auction in 1966. The plaintiff, Jagdesa Gounder, who had bought a portion of the property from the original owner in 1964, sued for declaration of title and …
The State of Karnataka appealed against High Court orders that had allowed a claimant, Laxuman, to file a belated application under Section 18(3)(b) of the Karnataka‑amended Land Acquisition Act seeking a court‑directed reference for enhanced compensation. The claimant had filed the initial …
The plaintiffs entered into a 1989 agreement to purchase two shops and a godown, which stipulated a fixed date for performance contingent on the vacating of an injunction. In 1992 the defendants wrote requesting a postponement of performance without fixing a new date, which the plaintiffs accepted …
The appellant, Saroop Singh, claimed ownership of suit properties that had been gifted to him by the widow, Indira Devi, who possessed only a life interest under the Hindu Succession Act, 1956. The respondents, Banto and others, were reversioners who sued for possession, asserting that the widow's …
The landlord claimed the tenant defaulted on rent from March 1994 and filed an eviction suit under the West Bengal Premises Tenancy Act, 1956. The tenant had tendered the March rent twice in April 1994, but the landlord refused to accept it, prompting the tenant to deposit the rent with the Rent …
The respondent (South Indian Bank Ltd) obtained a decree against the appellants (Damodaran Pillai & ors.) and filed an execution petition which was dismissed for default on 1 November 1990 under Order 21 Rule 105(2) of the CPC. The appellants filed a restoration application on 4 April 1998, claiming …
The appellant and the respondent entered into a 1983 agreement for the appellant to develop the respondent's property, with the respondent to execute a lease deed after construction, which was never done. The appellant filed a suit in 1990 seeking declaration of title, specific performance, damages …
The Supreme Court examined the constitutional validity and practical effect of numerous amendments to the Code of Civil Procedure (CPC) made by the 1999 and 2002 Amendment Acts. It held that the requirement of filing an affidavit under Section 26(2) and Order VI Rule 15(4) imposes additional …
In a partition suit, a final decree was passed on 7 August 1981 but was not engrossed on stamp paper until the respondents furnished the required stamp papers on 25 May 1982. The appellant filed an execution application on 21 March 1994, arguing that it was barred by the 12‑year limitation period …
The State of Nagaland filed an application for leave to appeal under Section 378(3) of the CrPC against the acquittal of Lipok AO and others. Because the application was filed 57 days after the limitation period, the State sought condonation of delay under Section 5 of the Limitation Act, 1963. The …
The appellant, an iron‑ore exporter, claimed a rebate of Rs 62,46,548.10 from the Board of Trustees of Mormugao Port, alleging that the Board had unlawfully levied a surcharge and refused full rebate. The Board raised two defenses under Section 120 of the Major Port Trusts Act, 1963: that the …
Vithalbhai Pvt. Ltd., the lessor of a lease that expired on 24 June 1984, served a notice to the lessee demanding vacant possession and filed a suit for eviction on 16 April 1984, twelve weeks before the lease term ended. The defendant argued that the suit was premature and not maintainable. The …
Neelam was appointed on an ad‑hoc basis as a typist with Haryana State Cooperative Land Development Bank from January 1985 until May 1986, after which she joined the Haryana Urban Development Authority. Following a successful industrial dispute by similarly situated employees, she filed a writ …
The plaintiff obtained an ex‑parte decree in a title suit. The defendant filed a petition under Order IX Rule 13 of the CPC, together with an application under Section 5 of the Limitation Act, to set aside the decree, and subsequently filed an appeal against the decree with a condonation …
Dharma Prathishthanam entered into a construction contract with Madhok Construction Pvt. Ltd. that contained an arbitration clause referring disputes to arbitration under the Arbitration Act, 1940. When a dispute arose, the respondent unilaterally appointed Shri Swami Dayal as sole arbitrator, gave …
The Food Corporation of India (FCI) advanced Rs 2 crore to the Assam State Co‑operative Marketing and Consumers Federation Ltd (the Federation) for procurement of paddy, but the price fixed later showed that only Rs 1.60 crore was due, leaving an excess of Rs 39,36,810. FCI sued the Federation for …
Fairgrowth Investments Ltd. was notified under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 and filed a petition of objection under Section 4(2) more than 30 days after the notification. The Special Court rejected the petition on the ground of limitation. …
The appellant, N. Balaji, challenged the election of directors of the National Cooperative Consumers Federation of India Ltd., alleging irregularities in the voters list. After multiple representations to the Minister and the Central Registrar and a writ petition, the Delhi High Court directed the …
The appeal concerned a partition suit whose final decree was passed in 1968, followed by a series of appeals and a formal decree dated 30 October 1986. The judgment debtor filed an execution petition in 1997, which the executing court dismissed as barred by limitation. The Supreme Court examined …
The appellant obtained a decree for a debt on 2 May 1973 and filed an execution petition the same year, which was stayed due to a legislative bar under the Tamil Nadu Indebted Agriculturists (Temporary Relief) Ordinance and subsequent Acts. The decree was later scaled down and amended on 18 October …
The appellants, who had been in possession of land since 1938, challenged a 1978 order under Section 71A of the Chota Nagpur Tenancy Act that restored possession of the land to a Scheduled‑Tribe claimant alleging fraudulent transfer. The Supreme Court examined whether Section 71A could be applied …
The Supreme Court considered appeals by L.S. Synthtics Ltd. against orders of the Special Court under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, which had directed the appellant to pay a sum of Rs 34,99,900.68 with interest to the Custodian on behalf of …
The landlord sued the tenant for possession of a property on the ground of unauthorised sub‑letting and obtained a decree. The tenant appealed, but died while the appeal was pending. His heirs, unaware of the appeal, learned of it only when the advocate wrote a letter and promptly filed an …
The case concerned a suit filed by Ramiah in 1984 for possession of 1 acre 21 gunthas of land, after a previous decree in 1971 that had awarded possession to N. Narayana Reddy. The trial court and High Court dismissed the suit as barred by limitation, holding that the suit was filed 13 years after …
In a partition suit, a decree granted recovery of certain items to a defendant. Another defendant filed a suit challenging the decree, and the court issued a temporary injunction under Order 39 restraining execution of the decree. The suit was dismissed for default, later restored, and finally …
The original owners of a residential building executed an agreement to sell the property to Dr. Gopalakrishna in 1974 and received an advance, but Gopalakrishna later rescinded the contract and sued for recovery of the advance. He subsequently sought to amend his suit for specific performance, which …
The dispute arose from contracts for work where the parties had agreed to refer disagreements to arbitration. After a fresh award was made by a newly appointed arbitrator, the appellant sought to set aside the award, challenging several items including sales‑tax refund and loss‑of‑profit claims, and …
The landlord sought possession of two shop premises to demolish and reconstruct them under Section 12 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. After the landlord completed the work, he offered the rebuilt premises back to the tenants at a higher rent, but the …
Milk Food Ltd. entered into a contract with GMC Ice Cream (P) Ltd. containing an arbitration clause that referred disputes to arbitration under the Arbitration Act, 1940 or any statutory modification. A suit for injunction was filed, and Milk Food obtained a stay under Section 34 of the 1940 Act. …
The Supreme Court allowed the appeal of Bajranglal (appellant) against a Bombay High Court Division Bench judgment that had set aside a Single Judge’s finding that the plaintiff’s title to a property was void. The appellant argued that the Division Bench erred in holding that the auction sale …
The Supreme Court examined two civil appeals concerning applications under Section 8 of the West Bengal Land Reforms Act, 1955 for enforcement of a statutory right of pre‑emption. The respondents claimed that the applications were barred by limitation, while the appellants argued that Section 5 of …
The appellants, Vasantiben Prahladji Nayak and others, sued the respondents, S.J. Nayak and others, for declaration of title, possession and injunction over ancestral land. The respondents claimed ownership by adverse possession, arguing the suit was barred by limitation. The lower courts held in …
West Coast Paper Mills Ltd and Dandeli Ferro Alloys Ltd transported goods by rail and were charged a flat freight rate that denied them the benefit of the telescopic rate system, resulting in higher charges. They filed complaints under Section 28 of the Railways Act, 1890; the Railway Tribunal held …
The Railway Rates Tribunal declared the freight rates charged by the Union of India unreasonable. The Union filed a Special Leave Petition (SLP) in the Supreme Court, which was eventually dismissed after an interim order. The respondents then filed writ petitions and suits for refund of excess …
The Food Corporation of India (FCI) invited tenders to hire plinths for grain storage and awarded the contract to Mis. Babulal Agrawal, who constructed the plinths and handed them over on 24‑Jan‑1987. The agreement provided that FCI would lease the plinths for three years (extendable by one year) …
The plaintiff Krishan Dutt sued for a one‑third share and partition of land that his father had allegedly inherited from his brother‑in‑law after the widow Gangi remarried the brother Bala Ram, invoking a custom of "illaqua" whereby a widow’s property passes to the brother she marries. The …
The appellant, a non‑redeeming co‑mortgagor, claimed a 9/12 share in a jointly owned mortgaged property and sought declaration of title, possession, or partition after another co‑mortgagor fully redeemed the mortgage and took possession. The trial court and first appellate court decreed partition, …
Sugna Devi was appointed as an Assistant Teacher by the President of the District Board, Gonda, in 1966. After prolonged illness she returned to work in 1971 but was told she was terminated without any formal termination order. When basic education was transferred to the Basic Shiksha Parishad under …
The appellant, a member of a scheduled tribe, purchased a parcel of land in Sundergarh that had previously been transferred among tribal owners and later sold to a non‑tribal with statutory permission. The respondent encroached on the land and claimed title by adverse possession, arguing that more …
ITW Signode India Ltd., a manufacturer of box‑strappings from duty‑paid cold‑rolled steel strips, claimed that the product fell under tariff item 26AA(iii) and no further excise duty was payable. The Revenue argued that the product should be re‑classified under tariff item 68/7308.90 and that a …
The respondent, a former senior compositor, was removed from service in 1977 and later reappointed as a junior compositor on a temporary basis. He filed a declaratory suit challenging the removal and seeking pay adjustments, which was dismissed by the trial court. The First Appellate Court reversed …
The original owner transferred land to two brothers who partitioned it; one brother's son amalgamated the holdings, sold one portion and leased the other to a cooperative society (respondent No.3). The heirs of the other brother and the original owner's heirs later transferred their possessory …
The plaintiffs, three co‑plaintiffs, filed a suit for specific performance of a sale agreement. One plaintiff died, and his legal representatives applied for condonation of delay, setting aside the abatement of the suit and to be brought on record. The Single Judge of the High Court allowed the …
Punjab Singh was granted a Freedom Fighters Pension under the 1972 scheme, but the pension was suspended when his income exceeded the Rs.5,000 ceiling. The Government later introduced the Swatantrata Sainik Samman Pension Scheme in 1980, removing the income ceiling and granting him a fresh pension …
The respondents were injured in a motor accident on 18 February 1989 and filed a claim petition for compensation on 2 November 1995. The appellant, New India Assurance Co., argued that the claim was barred by the six‑month limitation prescribed in Section 166(3) of the Motor Vehicles Act, 1988 (as …
The case involved a family dispute over the control of Kerala Kaumudi Pvt. Ltd., focusing on the validity of share transfers from Mani and his children to M.S. Madhusoodhanan, the removal of Madhusoodhanan as Managing Director and the deletion of Article 74, the allotment of additional shares to …
Anil Panjwani purchased a vacant plot from Shri Niwas Vaidhya under a sale agreement dated 1‑Dec‑1985 and took possession, erecting a boundary wall. The defendant, R.C. Ardawatiya, later attempted to erect a hut on the plot. Panjwani sued for declaration of title, restoration of possession and …
The plaintiff, Surtu, daughter of Basanti, sued the defendants for possession of land after Basanti, a widow who held only a life estate in her husband's ancestral property, allegedly made an oral gift of portions of that land to collaterals in 1936. The trial court held that the widow had no right …
A suit filed in 1960 for declaration of church properties was dismissed, and plaintiffs 1, 3 and 5 appealed while plaintiff 4 did not join. During the pendency of the appeal all appellants died. The legal heirs of appellant 4 applied to be impleaded as representatives and to set aside the abatement, …
The Municipal Corporation of Delhi and others entered into a contract with International Security & Intelligence Agency Ltd. containing an arbitration clause. A non‑speaking award was made and later declared a rule of court, leading to a decree. Various objections, a review petition, and multiple …
The appeal concerned a landlord-tenant dispute under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant failed to deposit the arrears of rent within the period prescribed under Section 13(4) of the Act and sought condonation of the delay under Section 5 of the Limitation …
The appellant, a mortgagor in a usufructuary mortgage, filed a suit for redemption and was directed by the trial court to deposit the mortgage money within a stipulated period. He failed to deposit, sought an extension which was denied, later deposited the amount with permission, and then applied …
The respondent filed two revision petitions against a High Court order under the Tamil Nadu Buildings (Lease & Rent) Control Act, 1960, but applied for a certified copy of the order after the 30‑day limitation period had expired. The Supreme Court held that, under Section 12(2) of the Limitation …
The Supreme Court examined whether the three‑month payment period prescribed in Section 67(1) of the Voluntary Disclosure of Income Scheme, 1997 could be extended. The Court held that the word "shall" makes the deadline mandatory and that Section 67(2) expressly deems a declaration invalid if …
The appellant (defendant) challenged the High Court’s decision that the plaintiffs were entitled to exclusion of the period between the withdrawal of an earlier suit and the filing of a fresh suit under Section 14 of the Limitation Act. The earlier suit had been withdrawn with the court’s permission …
P. Kiran Kumar, a minor, claimed compensation under the Motor Vehicles Act after a road accident. The Motor Accident Claims Tribunal awarded a partial sum ex parte because the respondents withdrew their defence. The respondents appealed the award, but the High Court dismissed the appeal as barred by …
Bhanwaroo Khan and his wife, who migrated to Pakistan after Partition and obtained Pakistani passports, entered India in 1955 on a visa, later failed to return and lived underground. In 1984 they applied for Indian citizenship, but the Government of India, invoking Section 9(2) of the Citizenship …
The case arose from a partition suit involving 116 acres of land where, during the pendency of a first appeal, several appellants died. Substitution applications were filed after delays of 130 days, three years, and five years. The Patna High Court refused to condone the delay and set aside the …
The Supreme Court considered two appeals challenging High Court orders that dismissed election petitions filed under the Hyderabad Municipal Corporation Act, 1955 on the ground of limitation. The petitioners, Shaik Saidulu @ Saida and Gogineni Sujatha, had filed petitions after the prescribed …
The appellants entered into a written sale agreement with the vendor (respondent No.3) for agricultural land, paid earnest money and took possession of the property. The vendor later sold the same land to a third party (respondent No.1) despite an injunction in favour of the appellants, and the …
The landlord filed a suit in the Allahabad Court of Small Causes under the U.P. Urban Buildings Act for arrears of rent and eviction, which was decreed ex‑parte and executed. The tenants applied under Order 9 Rule 13 of the CPC to set aside the decree but neither deposited the decretal amount nor …
The appellants, settled abroad, filed a suit for declaration and possession but their advocate could not appear on the scheduled date due to a family emergency, and no notice of the next hearing was received. The trial court dismissed the suit for non‑prosecution and later dismissed two restoration …
The appellant, Antonysami, obtained a decree for specific performance of a sale, directing the judgment debtor to measure and demarcate the land by 23‑Sep‑1966 and to deposit the balance price by the same date. The appellant complied with the deposit, but the debtor delayed the measurement until …
Asia Resorts Ltd. contracted Usha Breco Ltd. to install a ropeway system which failed to meet specifications. Asia Resorts issued a notice on 17 April 1990 and received a definitive denial on 17 May 1990, after which it filed a petition under Section 20 of the Arbitration Act on 30 November 1993. …
The State of Delhi appealed the acquittal of Dharampal, who had been convicted under the Prevention of Food Adulteration Act for selling adulterated "lal mirch kutti". The Sessions Judge had set aside the conviction on the ground that the contents of the Central Food Laboratory certificate were not …
An arbitral award dated 29 August 1998 was forwarded to the Union of India with a request to file it in the Bombay High Court under the Arbitration Act, 1940. The Union filed the award on 29 March 1999 and challenged it on 19 April 1999, initially invoking sections of the 1940 Act, later amending …
The judgment concerns a sale of immovable property executed against the judgment‑debtor, which was challenged under Order XXI Rule 89 of the CPC. The debtor filed the application and deposit on the 59th day after the sale, but the executing court rejected it, insisting that the deposit be made …
The appellant claimed a right of pre-emption under Section 16(3) of the Bihar Land Reforms Act, 1961 after a sale deed was registered on 30 January 1988. He filed an application on 30 April 1988, seeking to have the land transferred to him. The issue before the Supreme Court was whether this …
In a partition suit, a final decree was passed on 20‑Nov‑1970 but the decree holder failed to furnish the required stamp paper, delaying the drawing up of the decree. The decree holder's legal representatives filed an execution petition on 21‑May‑1984, more than twelve years after the decree. The …
Pallav Sheth, a notified company debtor, was ordered by a Special Court to pay a decree and was restrained from alienating his assets. He later set up benami companies and transferred assets, which the Custodian discovered through an Income‑Tax raid. The Custodian filed an application for contempt, …
Vedabai filed an appeal against a trial court order but missed the prescribed period by seven days, citing illness as the reason. The Additional District Judge dismissed her application for condonation of delay, and the Bombay High Court upheld that dismissal. The Supreme Court examined whether a …
The appellants, successors to a landowner who mortgaged his property in 1946, sought restitution under the Himachal Pradesh Debt Reduction Act, 1976. After a collector dismissed their 1979 application as time‑barred, they filed a suit for possession of the mortgaged land in 1981 under sections 4 and …
The appellants, pucca tenants, filed an application under Section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950 seeking reinstatement after being dispossessed, but the revenue authorities dismissed their claim. They subsequently filed a civil suit for declaration of title and …
Syndicate Bank filed a suit in Goa to recover a loan advanced to Mr. Prabha D. Naik and others, alleging default on a promissory note. The trial court and the High Court dismissed the suit as barred by limitation, holding that the Portuguese Civil Code's Article 535 governed limitation in Goa. The …
Bharat Coking Coal Ltd. awarded two construction contracts to L.K. Ahuja & Co. which later led to disputes and were referred to a sole arbitrator, M.P. Sharma, a former officer of the employer. The arbitrator issued hybrid awards that largely relied on joint statements but decided only the …
The State of Tamil Nadu, acting under the Revenue Recovery Act, auctioned a 2‑acre land after a loan default, which was purchased by the appellant. The respondent filed an application under Section 38 of the Act to cancel the sale, which was rejected on 11‑Jan‑1977, and subsequently filed a suit for …
Santosh Hazari filed a suit for declaration of title, recovery of possession and a permanent injunction against Purushottam Tiwar, alleging dispossession of a portion of his land. The trial court decreed in favour of Hazari, rejecting the defendant's claim of adverse possession and the defence of …
The Union of India and others appealed against a decree passed by the High Court under Section 17 of the Arbitration Act, 1940 after an arbitrator's award, where the appellants had not filed objections within the prescribed 30‑day period. The High Court had held that such a decree was not an …
The appellant, Balkrishan, purchased agricultural land in 1960 that was under attachment and later auctioned to a minor son of Mohan Singh. Rajendra Singh, the minor's predecessor, filed an application under Section 250 of the Madhya Pradesh Land Revenue Code seeking restoration of possession, and …
