Civil Law

Supreme Court Dismisses Transfer Petition in Naseema Khan v. Rahul Singh (2022)

/ Abhay S. Oka, Civil Procedure Code, Civil Procedure Code with Transfer Petition, Judges, Withdrawal of Petition

Supreme Court Dismisses Transfer Petition in Naseema Khan v. Rahul Singh (2022) LEGAL ISSUE: Withdrawal of Transfer Petition. CASE TYPE: Civil. Case Name: Naseema Khan v. Rahul Singh. [Judgment Date]: February 25, 2022 Introduction Date of the Judgment: February 25, 2022 Citation: Not Available Judges: Justice Abhay S. Oka Can a petitioner withdraw a transfer […]

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Supreme Court Upholds Family Partition: Azgar Barid vs. Mazambi (2022)

/ B.R. Gavai, Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41 Rule 33, Code of Civil Procedure, 1908 with Order 41 Rule 4, Code of Civil Procedure, 1908 with Section 100, Judges, L. Nageswara Rao, Property Partition, Second Appeal

Supreme Court Upholds Family Partition: Azgar Barid vs. Mazambi (2022) LEGAL ISSUE: Can a High Court overturn a lower appellate court’s factual findings in a property partition suit? CASE TYPE: Civil – Property Partition Case Name: Azgar Barid (D) By Lrs. vs. Mazambi @ Pyaremabi And Others [Judgment Date]: 21 February 2022 Date of the

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Supreme Court expunges High Court’s observations on tender discrimination: Union of India vs. Bharat Fritz Werner Limited (2022)

/ B.V. Nagarathna, Civil Law, Constitutional Law, Judges, Judicial Restraint, Judicial Review, M.R. Shah, Tender

Supreme Court expunges High Court’s observations on tender discrimination: Union of India vs. Bharat Fritz Werner Limited (2022) LEGAL ISSUE: Whether the High Court can make general observations about discrimination in tender processes without deciding the case on merits. CASE TYPE: Civil Appellate Jurisdiction Case Name: Union of India vs. Bharat Fritz Werner Limited &

Supreme Court expunges High Court’s observations on tender discrimination: Union of India vs. Bharat Fritz Werner Limited (2022) Read Post »

Supreme Court Partially Allows Appeal on Deficiency of Service: IndusInd Bank vs. Simarjit Singh (2022)

/ Civil Law, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 2019, D.Y. Chandrachud, Damages, Deficiency of Service, Deficiency of Service, Consumer Protection Act, 1986, Judges, Sanjiv Khanna

Supreme Court Partially Allows Appeal on Deficiency of Service: IndusInd Bank vs. Simarjit Singh (2022) LEGAL ISSUE: Whether the National Consumer Disputes Redressal Commission (NCDRC) was correct in upholding the State Consumer Disputes Redressal Commission’s (SCDRC) order regarding the valuation of timber in a deficiency of service case. CASE TYPE: Consumer Case Name: IndusInd Bank

Supreme Court Partially Allows Appeal on Deficiency of Service: IndusInd Bank vs. Simarjit Singh (2022) Read Post »

Supreme Court allows suit by unregistered firm: Shiv Developers vs. Aksharay Developers (2022)

/ Civil Law, Contract Law, Dinesh Maheshwari, Effect of Non-Registration, Indian Partnership Act, 1932, Indian Partnership Act, 1932 with Section 69, Judges, Property Law, Vikram Nath

Supreme Court Allows Suit by Unregistered Firm: Shiv Developers vs. Aksharay Developers (2022) LEGAL ISSUE: Whether a suit filed by an unregistered partnership firm is barred under Section 69(2) of the Indian Partnership Act, 1932, when the suit is not for enforcement of a right arising from a contract related to the firm’s business. CASE

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Supreme Court Allows Suit by Unregistered Firm: Shiv Developers vs. Aksharay Developers (2022)

/ Civil Law, Civil Suit, Dinesh Maheshwari, Indian Partnership Act, 1932, Indian Partnership Act, 1932 with Section 69(2), Judges, Property Law, Unregistered Partnership Firm, Vikram Nath

Supreme Court Allows Suit by Unregistered Firm: Shiv Developers vs. Aksharay Developers (2022) LEGAL ISSUE: Whether an unregistered partnership firm can maintain a suit against a third party for a transaction not related to its regular business. CASE TYPE: Civil Law – Partnership Case Name: Shiv Developers Through Its Partner Sunilbhai Somabhai Ajmeri vs. Aksharay

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Supreme Court Refuses to Recall Order on Deposit in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (25 January 2022)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Delay in Arbitration Proceedings, Deposit of Awarded Amount, Interim Orders, Judges, M.R. Shah, Recall of Orders, Sanjiv Khanna, Supreme Court Judgments

Supreme Court Refuses to Recall Order on Deposit in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (25 January 2022) LEGAL ISSUE: Whether the Supreme Court should recall its previous order directing a party to deposit an amount as per a High Court order in an arbitration matter. CASE TYPE: Arbitration Case

Supreme Court Refuses to Recall Order on Deposit in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (25 January 2022) Read Post »

Supreme Court Dismisses Review Petition on Allahabad High Court Order: Abhinitam Upadhyay vs. Allahabad High Court (2022)

/ Ajay Rastogi, Civil Law, Judges, Judicial Review, Review Petition, Uday Umesh Lalit

Supreme Court Dismisses Review Petition on Allahabad High Court Order: Abhinitam Upadhyay vs. Allahabad High Court (2022) LEGAL ISSUE: Review of a previous order of the Supreme Court. CASE TYPE: Civil Review Petition. Case Name: Abhinitam Upadhyay vs. Hon’ble Allahabad High Court. [Judgment Date]: January 11, 2022. Introduction Date of the Judgment: January 11, 2022.

Supreme Court Dismisses Review Petition on Allahabad High Court Order: Abhinitam Upadhyay vs. Allahabad High Court (2022) Read Post »

Supreme Court Dismisses Review Petition Due to Delay: Surender Mohan vs. State of Haryana (2022)

/ Ajay Rastogi, Civil Law, Delay, Judges, Limitation Act, Review Petition, Uday Umesh Lalit

Supreme Court Dismisses Review Petition Due to Delay: Surender Mohan vs. State of Haryana (2022) LEGAL ISSUE: Whether a review petition can be entertained despite an unexplained and substantial delay. CASE TYPE: Civil Review Petition Case Name: Surender Mohan vs. State of Haryana and Another [Judgment Date]: January 11, 2022 Introduction Date of the Judgment:

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Supreme Court settles burden of proof in money recovery suits: Anita Rani vs. Ashok Kumar & Ors. (2021)

/ Burden of Proof, Civil Law, Hemant Gupta, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 70, Judges, Money Recovery Suits, V. Ramasubramanian

Supreme Court Settles Burden of Proof in Money Recovery Suits: Anita Rani vs. Ashok Kumar & Ors. (2021) LEGAL ISSUE: Burden of proof in money recovery suits where the defendant claims full and final settlement or gratuitous payment. CASE TYPE: Civil Case Name: Anita Rani vs. Ashok Kumar & Ors. [Judgment Date]: 16 December 2021

Supreme Court settles burden of proof in money recovery suits: Anita Rani vs. Ashok Kumar & Ors. (2021) Read Post »

Supreme Court Dismisses Review Petition in Land Dispute Case: Ram Gopal vs. Joint Secretary (2021)

/ Civil Law, Condonation of Delay, Judges, L. Nageswara Rao, Limitation, Review Petition, Uday Umesh Lalit, Vineet Saran

Supreme Court Dismisses Review Petition in Land Dispute Case: Ram Gopal vs. Joint Secretary (2021) LEGAL ISSUE: Whether a review petition can be dismissed solely on the grounds of an unreasonable delay. CASE TYPE: Civil (Land Dispute) Case Name: Ram Gopal vs. The Joint Secretary Development and Panchayat Department and Anr. [Judgment Date]: 14 December

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Supreme Court Orders Fresh Review of Caste Certificates in Rushikesh Bharat Garud Case

/ B.V. Nagarathna, Caste Certificate Validation, Civil Appellate Jurisdiction, Civil Law, Judges, M.R. Shah, Scheduled Tribe Certificate Scrutiny Committee, Scheduled Tribes

Supreme Court Orders Fresh Review of Caste Certificates in Rushikesh Bharat Garud Case LEGAL ISSUE: Validity of caste certificates. CASE TYPE: Civil Appellate Jurisdiction. Case Name: Rushikesh Bharat Garud vs. The State of Maharashtra and others. [Judgment Date]: 10 December 2021. Introduction Date of the Judgment: 10 December 2021 Citation: Not Available Judges: M.R. Shah,

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