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41 judgments · newest first · showing 1–41
The plaintiff filed a suit for specific performance of an agreement to sell land, having paid Rs 50,000 as earnest money for a Rs 70,000 purchase price. The defendant, a relative, repeatedly delayed execution of the sale deed and denied the existence of the agreement. The trial court found the …
The petitioner, Chandrashekhar Vishnu Walkar, challenged an order of the Civil Judge, Junior Division, Devgad, alleging that the court lacked pecuniary jurisdiction to entertain a summary suit under Section 6 of the Specific Relief Act because of an improper valuation of the subject matter. The …
The petitioner sought a direction under Article 227 for the Principal Judge of the Family Court, Gorakhpur to decide a specific relief suit (Writ No. 1312 of 2024) within a time‑bound schedule, invoking Section 34 of the Specific Relief Act. The Court referred to the Supreme Court’s decision in High …
The petitioner, Smt. Kanchan Rastogi, filed a writ petition seeking a direction to the Additional Civil Judge (S.D.) Court No.2, Meerut to decide Case No. 397 of 2023, filed under Section 19 of the Specific Relief Act, within a time‑frame fixed by the High Court. The Court examined whether it could …
The High Court considered a bail application filed by Sumit Negi, who was arrested in connection with offences under Sections 309(4), 352, 351(3) and 308(5) of the Indian Penal Code. The applicant argued that the FIR was lodged more than a month after the alleged incident, creating a fatal delay for …
Mahabir Prasad and others filed title suits in 1968 seeking specific performance of a contract for sale of land, alleging the defendant had taken an advance and was obligated to execute a sale deed. The trial court granted specific performance, but the appellate court set aside the decree, holding …
The petitioners, Somnath Ramhari Gawade and others, filed a writ petition challenging a District Judge's order that refused an ex‑parte ad‑interim injunction while a Miscellaneous Civil Appeal was pending. The underlying dispute concerned a Tahsildar's order under Section 143 of the Maharashtra Land …
The appellant, Jethan Kurmi, claimed title to a house in Danapur on the basis of a family partition that allegedly gave him a share, and sought eviction of the respondent, Lalmuni Devi, who was occupying the house as a tenant and allegedly owed rent arrears. The respondent contended that she …
The appellants, who were minors and co‑parceners at the time of a partition suit filed by their father, challenged a compromise decree dated 26‑05‑1982 that was entered into without their participation and allegedly under coercion. They filed a title suit in 1987 seeking to declare the compromise …
The plaintiff, Syed Nabi, borrowed Rs 5,000 from the defendant and later an additional Rs 2,224, treating the sums as consideration for a sale of his land. A registered sale deed dated 10‑12‑1968 conveyed the land to the defendant, and a contemporaneous agreement promised reconveyance upon …
The plaintiffs, Dubai nationals and shareholders of a Dubai‑incorporated company (Defendant No.2), filed a derivative suit in the Madras High Court seeking a declaration that Defendant No.2 held the beneficial interest in 6.16% of the shares of an Indian company (Defendant No.1) that were registered …
The Haryana Urban Development Authority (HUDA) conducted an auction of a 9.527‑acre commercial tower in Gurgaon, where Orchid Infrastructure Developers (formerly Bhudeep Builders) submitted the highest bid of Rs 111.75 crore and deposited 10% on the spot. HUDA, through its Administrator, rejected …
The Supreme Court examined the acquisition of agricultural lands by the Karnataka State Government for Trinity House Building Co‑operative Society, which had hired a middleman, M/s Srinivasa Enterprises, to secure the acquisition in its favour. The Court found that no housing scheme had been framed …
The Supreme Court examined a dispute over a house purchased in 1961 by Rama Vidyarthi using insurance proceeds and other funds, questioning whether it was joint family property and how the shares should be apportioned. The appellant, Shreya Vidyarthi, argued that the High Court had decided the case …
Amar Nath filed a suit for possession of agricultural land, alleging that the order of the Consolidation Officer dated 14‑02‑1970 was obtained by fraud and that he was entitled to a half‑share as the son of Vaij Nath. The trial court dismissed the suit, holding it barred by the Uttar Pradesh …
The appellant, a watchman employed by a religious society, sued for a permanent injunction claiming possession of the society's dharamshala, alleging adverse possession. The trial court dismissed the suit, the first appellate court reversed in his favour, but the High Court set aside that reversal. …
The plaintiff (respondent No.1) purchased the suit property from the rightful owner, T. Bayarappa, in 1991. Defendant No.2 (appellant) was in permissive possession of the land and claimed lawful title based on a purported chain of agreements involving a power of attorney and an assignment to the …
Shiv Kumar Sharma and Santosh Kumar entered into a reciprocal agreement to exchange shops, gave each other vacant possession, but the sale deeds were never executed. Santosh Kumar sued for possession of his shop and a permanent injunction; the trial court granted both and the High Court, while …
Kasturi filed a suit for specific performance of a contract for sale against the vendor (respondents Nos.2 and 3). Respondents Nos.1 and 4‑11, who were not parties to the contract but claimed independent title and possession of the property, applied to be impleaded as defendants. The trial court and …
The petitioners challenged a Madras High Court judgment that a Letters Patent Appeal under Clause 15 was not maintainable against an order of a single High Court judge hearing an appeal. The Supreme Court examined the interplay between Section 104(1) and (2) of the Code of Civil Procedure, the …
Shipping Corporation of India terminated an agency agreement with Machado Brothers in 1995; the latter sued for a declaration that the termination was illegal and obtained an interim injunction. In 2001 the corporation issued a second termination notice, prompting the respondent to file another …
The appellant, Mis. Peico Electronics, terminated the dealership of its second dealer (R‑2) under Clause 29 of a standard form agreement. R‑2 complained before the MRTP Commission alleging several restrictive trade practices, including territorial allocation, discrimination, and a clause (Clause 7) …
The Government cancelled all petrol pump, LPG and kerosene dealership allotments made since January 2000 after media reports alleged political patronage in a few cases. Petitioners, who had received letters of intent or entered into agreements, challenged the order as arbitrary and violative of …
The appellants (Ram Khilona et al.) had entered into an agreement of sale with the respondents (Sardar et al.) but the sale deed was never executed. After execution, the covenantors allegedly altered the agreement by inserting two independent marginal witnesses to lend authenticity. The respondents …
The appellant and respondent married and later separated, with the appellant filing for divorce in a U.S. court while the respondent returned to India and filed a suit for judicial separation and maintenance. The Delhi High Court, through a Single Judge, initially restrained the appellant from …
The appellants' ancestors obtained a decree in 1960 declaring them owners of the land known as 'Badi Takia' and that the mosque on it was wakf property. The High Court later held the entire property was wakf, relying on a 1953 agreement, and reversed the earlier decree. In a subsequent suit, the …
The appellant, a civil servant, was found guilty in a departmental enquiry and dismissed from service. He challenged the dismissal by filing a civil suit, which was initially dismissed, but the District Judge later set aside the dismissal order, declaring it illegal. The respondents appealed to the …
The vendors sold a bungalow in the Meerut cantonment to the vendee, with the agreement stipulating that the vendee must obtain permission from the Military Estate Officer (MEO) for the transfer. Clause 5 provided that if such permission were not granted, the vendee could be released from the …
Haribandhu Setha, a government servant, filed a consumer complaint under the Consumer Protection Act, 1986 seeking damages from the State of Orissa. The State Commission and later the National Consumer Disputes Redressal Commission awarded Rs.1,00,000 against the State. The State appealed to the …
Ram Pyare Pandey was appointed as a temporary Junior Clerk in the Integrated Rural Development Agency, a society registered under the Societies Registration Act, and was terminated within a month. He sued for a declaration that the termination violated Rule 13(b) of the agency's own rules, which …
Inacio Martins filed a suit for declaration and injunction concerning his tenancy of a coconut grove, which was dismissed because he was not in possession. He subsequently filed a suit for restoration of possession, alleging unlawful dispossession by the defendants. The defendants contended that the …
The Maharani, married to a Maharaja in 1960, sought to nullify that marriage after the Maharaja’s death in 1974, when the Maharaja’s mother’s relative (the respondent) claimed to have married the Maharaja believing his first marriage was dissolved. The respondent filed a petition under Section 11 of …
The appellant, K. Krishna Kishore Firm, had been operating a cinema under a lease that was due to expire in 1976. Before the lease ended, one co‑lessor of the landowner entered into an agreement of sale and a lease of his share with the appellant, who then sought renewal of its cinema licence under …
The appellants, four brothers, sued the first defendant for specific performance of an alleged oral contract to sell a building in Hyderabad for Rs.10,00,000. The trial court found an oral contract existed, but the High Court set aside the decree, holding that mere acceptance of price was …
Mayawanti sued Kaushalya Devi for specific performance of a 1971 agreement to sell a factory, machinery and related assets for Rs 50,000, having paid Rs 5,000 as earnest money. The dispute centered on whether the document recorded in the petition writer's register (Exhibit PW‑11/A) proved a valid, …
The appellant, Gaya Prasad, sued for specific performance of a 1958 agreement to sell a house that had been exempted from sale under Section 24 of the U.P. Encumbered Estates Act, 1934. The respondent‑landlord had earlier obtained an exemption for the house and a mortgage on the property had been …
Kishan Singh's agricultural land was allotted under the Uttar Pradesh Consolidation of Holdings Act and the allotment became final under section 23. After Kishan's death, Malkhan Singh claimed to be his adopted son to inherit the land, while other claimants denied the adoption. The consolidation …
Sant Lal, a lessee of a plot of land under a ten‑year lease, granted Avtar Singh a one‑year licence to use a shed for a workshop. After the licence expired, Sant Lal terminated it and sued for a mandatory injunction to vacate the shed. Avtar Singh contended that he had purchased the entire property …
Capt. S. M. Rebello was appointed as master of the vessel M.V. Anastasia for a one‑year term. The ship was sold as scrap and his services were terminated on 20 December 1980. He claimed full‑year wages, arguing that under the Merchant Shipping Act, 1958 a master is treated as a seaman and is …
In 1967 the defendant agreed to sell his house to the plaintiff for Rs. 4 lakhs, subject to an equitable mortgage in favour of South Indian Bank. The trial court ordered specific performance, directing the plaintiff to deposit the mortgage amount with interest, but she failed to do so within the …
In 1967 the defendant agreed to sell his house to the plaintiff for Rs. 4 lakhs, subject to an equitable mortgage in favour of South Indian Bank. The trial court ordered specific performance, directing the plaintiff to deposit the mortgage amount with interest, but she failed to do so within the …
