Civil Procedure Code, 1908

Supreme Court clarifies the timing of filing a counterclaim under Order VIII Rule 6A of the Civil Procedure Code: Ashok Kumar Kalra vs. Wing Cdr. Surendra Agnihotri & Ors. (19 November 2019)

/ Ajay Rastogi, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order VI Rule 17, Civil Procedure Code, 1908 with Order VIII Rule 6A, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 3(2)(b)(ii), Mohan M. Shantanagoudar, N.V. Ramana, Order VIII, Civil Procedure Code, 1908

Supreme Court Clarifies Counterclaim Filing Under Order VIII Rule 6A CPC LEGAL ISSUE: Interpretation of Order VIII Rule 6A of the Civil Procedure Code, 1908 regarding the timing of filing a counterclaim. CASE TYPE: Civil Procedure Case Name: Ashok Kumar Kalra vs. Wing Cdr. Surendra Agnihotri & Ors. Judgment Date: 19 November 2019 Introduction Date […]

Supreme Court clarifies the timing of filing a counterclaim under Order VIII Rule 6A of the Civil Procedure Code: Ashok Kumar Kalra vs. Wing Cdr. Surendra Agnihotri & Ors. (19 November 2019) Read Post »

Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019)

/ Aniruddha Bose, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 41, Deepak Gupta, Judges, Mortgage Law, Property Law, Tenancy Rights, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58

Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019) LEGAL ISSUE: Can a tenant appeal a court’s finding on property ownership when the claimed owner (mortgagee) has not challenged that finding? CASE TYPE: Civil Law – Property Dispute Case Name: Mohan Chandra Tamta (Dead) Thr. Lrs. vs. Ali

Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019) Read Post »

Supreme Court Upholds Specific Performance Decree Despite Lack of Vakalatnama: Shree Chaitanya Constructions vs. Sudhir Poonamchand Parakh & Ors. (2019)

/ Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order III, Contract Act, Judges, R.F. Nariman, Sanjiv Khanna, Specific Performance, Surya Kant

Supreme Court Upholds Specific Performance Decree Despite Lack of Vakalatnama: Shree Chaitanya Constructions vs. Sudhir Poonamchand Parakh & Ors. (2019) LEGAL ISSUE: Whether a decree for specific performance can be set aside solely on the ground that the advocate who appeared on behalf of a party did not have a written Vakalatnama, especially when the

Supreme Court Upholds Specific Performance Decree Despite Lack of Vakalatnama: Shree Chaitanya Constructions vs. Sudhir Poonamchand Parakh & Ors. (2019) Read Post »

Supreme Court Upholds Dargah’s Land Rights: Sopanrao vs. Syed Mehmood (2019)

/ Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order XLI Rule 27, Deepak Gupta, Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 65, Management Rights, N. V. Ramana, Property Law, Religious Property, Suit for Possession

Supreme Court Upholds Dargah’s Land Rights: Sopanrao vs. Syed Mehmood (2019) Date of the Judgment: July 03, 2019 Citation: Sopanrao & Anr. vs. Syed Mehmood & Ors., Civil Appeal No. 4478 of 2007 Judges: N. V. Ramana, Deepak Gupta, and Indira Banerjee, JJ. Can a civil court decide on the management rights of a religious

Supreme Court Upholds Dargah’s Land Rights: Sopanrao vs. Syed Mehmood (2019) Read Post »

Supreme Court Upholds Concurrent Findings on Collusive Decree in Property Dispute: Jaswant Singh & Ors. vs. Jaspal Singh & Ors. (2019) INSC 459 (07 May 2019)

/ Civil Law, Civil Procedure Code, 1908, Collusive Decree, Decree, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Property Law, Sale Deed

Supreme Court Upholds Concurrent Findings on Collusive Decree in Property Dispute Date of the Judgment: 07 May 2019 Citation: (2019) INSC 459 Judges: N.V. Ramana, J. and Mohan M. Shantanagoudar, J. Can a court decree be challenged if it is found to be collusive and aimed at circumventing the law? The Supreme Court of India

Supreme Court Upholds Concurrent Findings on Collusive Decree in Property Dispute: Jaswant Singh & Ors. vs. Jaspal Singh & Ors. (2019) INSC 459 (07 May 2019) Read Post »

Supreme Court Abatement of Appeal in Property Dispute: Goli Vijayalakshmi vs. Yendru Sathiraju (26 April 2019)

/ A.M. Khanwilkar, Abatement of Appeal, Ajay Rastogi, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 22 Rule 4(3), Civil Procedure Code, 1908 with Order 41 Rule 4, Joint Decree, Judges, Order 22, Civil Procedure Code, 1908, Property Law

Supreme Court Abatement of Appeal in Property Dispute: Goli Vijayalakshmi vs. Yendru Sathiraju (2019) LEGAL ISSUE: Whether an appeal abates in its entirety if one of the appellants dies and their legal representatives are not brought on record, particularly in cases involving joint and indivisible decrees. CASE TYPE: Civil Property Dispute Case Name: Goli Vijayalakshmi

Supreme Court Abatement of Appeal in Property Dispute: Goli Vijayalakshmi vs. Yendru Sathiraju (26 April 2019) Read Post »

Supreme Court bars Civil Suits challenging land ceiling orders: Meg Raj vs. Manphool (2019) INSC 195

/ Abhay Manohar Sapre, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 9, Dinesh Maheshwari, Haryana Ceiling on Land Holdings Act, 1972, Haryana Ceiling on Land Holdings Act, 1972 with Section 26, Judges, Jurisdiction of Civil Courts, Prescribed Authority

Supreme Court bars Civil Suits challenging land ceiling orders: Meg Raj vs. Manphool (2019) INSC 195 LEGAL ISSUE: Whether a civil court has the jurisdiction to entertain a suit challenging an order passed by the Prescribed Authority under the Haryana Ceiling on Land Holdings Act, 1972. CASE TYPE: Land Ceiling/Civil Law Case Name: Meg Raj

Supreme Court bars Civil Suits challenging land ceiling orders: Meg Raj vs. Manphool (2019) INSC 195 Read Post »

Supreme Court Restores Appeal Dismissed in Default: Mysore Urban Development Authority vs. S.S. Sarvesh (2019) INSC 66

/ Abhay Manohar Sapre, Appeals, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 41 Rule 19, Civil Procedure Code, 1908 with Order 43 Rule 1(t), Constitutional Law, Constitutional Law with Article 227, Dinesh Maheshwari, Judges

Supreme Court Restores Appeal Dismissed in Default: Mysore Urban Development Authority vs. S.S. Sarvesh LEGAL ISSUE: Whether an appeal dismissed for default can be restored if sufficient cause is shown. CASE TYPE: Civil Appeal Case Name: The Commissioner, Mysore Urban Development Authority vs. S.S. Sarvesh Judgment Date: 05 February 2019 Date of the Judgment: 05

Supreme Court Restores Appeal Dismissed in Default: Mysore Urban Development Authority vs. S.S. Sarvesh (2019) INSC 66 Read Post »

Supreme Court recalls order of property sale in execution of decree: Yatinder Kumar Aggarwal & Ors. vs. Mukund Swarup & Ors. (22 January 2019)

/ A.K. Sikri, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order XXI Rule 83, Execution of Decree, Judges, M.R. Shah, S. Abdul Nazeer, Satisfaction of Decree

Supreme Court recalls order of property sale in execution of decree: Yatinder Kumar Aggarwal & Ors. vs. Mukund Swarup & Ors. (2019) LEGAL ISSUE: Whether a property sale in execution of a decree should be set aside if the judgment debtor demonstrates that the decree amount has been satisfied. CASE TYPE: Civil Case Name: Yatinder

Supreme Court recalls order of property sale in execution of decree: Yatinder Kumar Aggarwal & Ors. vs. Mukund Swarup & Ors. (22 January 2019) Read Post »

Supreme Court clarifies jurisdiction in Small Causes Court cases after UP Civil Laws Amendment Act, 2015: Om Prakash Agarwal vs. Vishan Dayal Rajpoot (2018) INSC 892 (12 October 2018)

/ A.K. Sikri, Ashok Bhushan, Bengal, Agra, Assam Civil Courts Act, 1887, Bengal, Agra, Assam Civil Courts Act, 1887 with Section 25, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 21, Cognizance, Judges, Jurisdiction, Pecuniary Jurisdiction, Provincial Small Cause Courts Act, 1887, Provincial Small Cause Courts Act, 1887 with Section 15, Small Causes Court

Supreme Court clarifies jurisdiction in Small Causes Court cases after UP Civil Laws Amendment Act, 2015 Date of the Judgment: 12 October 2018 Citation: (2018) INSC 892 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a court’s decision be overturned on a technicality after a full trial? The Supreme Court of India addressed this crucial

Supreme Court clarifies jurisdiction in Small Causes Court cases after UP Civil Laws Amendment Act, 2015: Om Prakash Agarwal vs. Vishan Dayal Rajpoot (2018) INSC 892 (12 October 2018) Read Post »

Supreme Court Revisits Additional Evidence in Property Dispute: Uttaradi Mutt vs. Raghavendra Swamy Mutt (26 September 2018)

/ A.M. Khanwilkar, Appellate Procedure, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order XLI Rule 27, D.Y. Chandrachud, Dipak Misra, Judges, Remand of Case

Supreme Court Revisits Additional Evidence in Property Dispute: Uttaradi Mutt vs. Raghavendra Swamy Mutt (2018) Date of the Judgment: 26 September 2018 Citation: 2018 INSC 833 Judges: Dipak Misra, CJI, A.M. Khanwilkar, J., Dr. D.Y. Chandrachud, J. Can a High Court, in a second appeal, send a case back to the trial court after allowing

Supreme Court Revisits Additional Evidence in Property Dispute: Uttaradi Mutt vs. Raghavendra Swamy Mutt (26 September 2018) Read Post »

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018)

/ Civil Law, Civil Procedure Code, 1908, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Second Appeal, Indira Banerjee, Judges, Property Law, R. Banumathi, Second Appeal

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018) LEGAL ISSUE: Whether the High Court was correct in reversing the judgment of the First Appellate Court based on a question of fact, when no substantial question of law was involved. CASE TYPE: Civil Property Dispute Case Name: Kalyan Singh

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018) Read Post »

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