Civil Procedure Code, 1908

Supreme Court Approves Resolution Plan for Reliance Home Finance Limited, Protecting Small Debenture Holders

/ Aravind Kumar, B.R. Gavai, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 151, Constitution of India, Constitutional Law with Article 142, Judges

Supreme Court Approves Resolution Plan for Reliance Home Finance Limited, Protecting Small Debenture Holders LEGAL ISSUE: Approval of a Resolution Plan (RP) for a company undergoing financial distress, specifically concerning the rights of debenture holders. CASE TYPE: Corporate Insolvency/Finance Case Name: Authum Investment and Infrastructure Limited v. R.K. Mohatta Family Trust and Others [Judgment Date]: […]

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Supreme Court clarifies jurisdiction in property disputes: Future Sector Land Developers vs. Bagmane Developers (2023)

/ Civil Law, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order VII Rule 10, Civil Procedure Code, 1908 with Section 16, Civil Procedure Code, 1908 with Section 20, Judges, Jurisdiction, Pankaj Mithal, Property Law, V. Ramasubramanian

Supreme Court Clarifies Jurisdiction in Property Dispute: Future Sector Land Developers vs. Bagmane Developers (2023) LEGAL ISSUE: Determining the correct jurisdiction for suits involving immovable property when contractual rights are also involved. CASE TYPE: Civil Law, Property Dispute, Jurisdiction Case Name: Future Sector Land Developers LLP & Anr. vs. Bagmane Developers P. Ltd. & Ors.

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Supreme Court Sets Aside Auction Sale Due to Non-Compliance with CPC Rules: Gas Point Petroleum India Limited vs. Rajendra Marothi & Ors. (2023)

/ C.T. Ravikumar, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 21, Civil Procedure Code, 1908 with Order 21 Rule 84, Civil Procedure Code, 1908 with Order 21 Rule 85, Judges, M. R. Shah

Supreme Court Sets Aside Auction Sale Due to Non-Compliance with CPC Rules: Gas Point Petroleum India Limited vs. Rajendra Marothi & Ors. (2023) Date of the Judgment: February 10, 2023 Citation: 2023 INSC 113 Judges: M. R. Shah, J., C.T. Ravikumar, J. Can an auction sale be invalidated if the purchaser fails to deposit the

Supreme Court Sets Aside Auction Sale Due to Non-Compliance with CPC Rules: Gas Point Petroleum India Limited vs. Rajendra Marothi & Ors. (2023) Read Post »

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Invalid Land Transfer: Ajay Dabra vs. Pyare Ram & Ors. (2023)

/ Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 149, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Himachal Pradesh Tenancy and Land Reforms Act, 1972 with Section 118, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, Pamidighantam Sri Narasimha, Sudhanshu Dhulia

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Invalid Land Transfer: Ajay Dabra vs. Pyare Ram & Ors. (2023) LEGAL ISSUE: Whether a delay in filing an appeal can be condoned based on insufficient funds and whether a suit for specific performance can be decreed when the initial contract for sale

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Invalid Land Transfer: Ajay Dabra vs. Pyare Ram & Ors. (2023) Read Post »

Supreme Court Upholds High Court Decision on Property Title in Smriti Debbarma vs. Prabha Ranjan Deb Barma (2023) INSC 12

/ Civil Procedure Code, 1908, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 101, Indian Evidence Act, 1872 with Section 102, Indian Evidence Act, 1872 with Section 90, J.K. Maheshwari, Judges, Sanjiv Khanna

Supreme Court Upholds High Court Decision on Property Title in Smriti Debbarma vs. Prabha Ranjan Deb Barma Date of the Judgment: January 4, 2023 Citation: (2023) INSC 12 Judges: Sanjiv Khanna, J. and J.K. Maheshwari, J. Can a claimant succeed in a property dispute based solely on the weakness of the defendant’s case? The Supreme

Supreme Court Upholds High Court Decision on Property Title in Smriti Debbarma vs. Prabha Ranjan Deb Barma (2023) INSC 12 Read Post »

Supreme Court Upholds Adoption: Chandrabhan’s Inheritance Claim in Property Dispute (22 September 2022)

/ Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 100, Indira Banerjee, J.K. Maheshwari, Judges, Second Appeal

Supreme Court Upholds Adoption: Chandrabhan’s Inheritance Claim | Civil Law Date of the Judgment: 22 September 2022 Citation: [Not Available in Source] Judges: Indira Banerjee, J. and J.K. Maheshwari, J. Can a High Court overturn a well-reasoned judgment of a lower appellate court based on a reassessment of facts? The Supreme Court addressed this critical

Supreme Court Upholds Adoption: Chandrabhan’s Inheritance Claim in Property Dispute (22 September 2022) Read Post »

Suppression of Facts Leads to Dismissal: Supreme Court on Specific Performance in Yashoda vs. Sukhwinder Singh (2022)

/ Agreement to Sell, B.R. Gavai, C.T. Ravikumar, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order VII Rule 1(j), Contract Law, Judges, Specific Performance

Supreme Court Dismisses Specific Performance Suit Due to Suppression of Facts: Yashoda vs. Sukhwinder Singh (2022) Date of the Judgment: September 12, 2022 Citation: (2022) INSC 8247 Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a party seeking specific performance of a contract be denied relief if they fail to disclose prior litigation related

Suppression of Facts Leads to Dismissal: Supreme Court on Specific Performance in Yashoda vs. Sukhwinder Singh (2022) Read Post »

Supreme Court Allows Amendment for Enhanced Damages in Specific Performance Suit: LIC vs. Sanjeev Builders (2022)

/ Aniruddha Bose, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order II Rule 2, Civil Procedure Code, 1908 with Order VI Rule 17, J.B. Pardiwala, Judges, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 21, Specific Relief Act, 1963 with Section 22

Supreme Court Allows Amendment for Enhanced Damages in Specific Performance Suit: LIC vs. Sanjeev Builders (2022) LEGAL ISSUE: Whether a plaintiff can amend a plaint to increase the claim for damages in a suit for specific performance of contract after a significant delay. CASE TYPE: Civil, Specific Performance Case Name: Life Insurance Corporation of India

Supreme Court Allows Amendment for Enhanced Damages in Specific Performance Suit: LIC vs. Sanjeev Builders (2022) Read Post »

Supreme Court Denies Interest on Flat Purchases After Demolition in Kerala Coastal Zone Case (13 May 2022)

/ B.R. Gavai, Civil Law, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 1 Rule 8, Coastal Zone Regulation, Compensation, Judges, K. Balakrishnan Nair, L. Nageswara Rao, Real Estate Law

Supreme Court Denies Interest on Flat Purchases After Demolition in Kerala Coastal Zone Case LEGAL ISSUE: Whether flat owners are entitled to interest on the purchase amount of their flats after the flats were demolished due to violation of Coastal Zone Regulations. CASE TYPE: Civil. Case Name: The Kerala State Coastal Zone Management Authority vs.

Supreme Court Denies Interest on Flat Purchases After Demolition in Kerala Coastal Zone Case (13 May 2022) Read Post »

Supreme Court Allows Another Chance to Defend Suit After Ex-Parte Decree: Jersey Developers vs. Canara Bank (2022)

/ B.V. Nagarathna, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order IX, Ex-parte Decree, Judges, M.R. Shah, Service of summons

Supreme Court Allows Another Chance to Defend Suit After Ex-Parte Decree: Jersey Developers vs. Canara Bank (2022) LEGAL ISSUE: Whether an ex-parte decree should be set aside to allow the defendant another opportunity to defend the suit. CASE TYPE: Civil Case Name: M/s Jersey Developers (P) Limited & Ors. vs. Canara Bank Judgment Date: 13

Supreme Court Allows Another Chance to Defend Suit After Ex-Parte Decree: Jersey Developers vs. Canara Bank (2022) Read Post »

Supreme Court clarifies the scope of second appeals in Punjab and Haryana: Hardial Singh vs. Balbir Kaur (2022)

/ Civil Law, Hrishikesh Roy, Judges, K.M. Joseph, Punjab Courts Act, 1918, Punjab Courts Act, 1918 with Section 41, Second Appeal

Supreme Court clarifies the scope of second appeals in Punjab and Haryana: Hardial Singh vs. Balbir Kaur (2022) LEGAL ISSUE: Scope of second appeal jurisdiction in Punjab and Haryana High Court CASE TYPE: Civil Case Name: Hardial Singh vs. Balbir Kaur & Anr. Judgment Date: March 10, 2022 Date of the Judgment: March 10, 2022

Supreme Court clarifies the scope of second appeals in Punjab and Haryana: Hardial Singh vs. Balbir Kaur (2022) Read Post »

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

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

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