Civil Procedure

Supreme Court Restores Civil Suit Dismissed for Default: Kusumben Indersinh Dhupia vs. Sudhaben Biharilalji Bhaiya (2019)

/ Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order IX, Rule 9, Court Procedure, Dismissal for Default, Indira Banerjee, Judges, R. Banumathi, Restoration of Suit

Supreme Court Restores Civil Suit Dismissed for Default: Kusumben Indersinh Dhupia vs. Sudhaben Biharilalji Bhaiya (2019) LEGAL ISSUE: Whether a suit dismissed for default should be restored when the plaintiff demonstrates consistent effort to pursue the case. CASE TYPE: Civil. Case Name: Kusumben Indersinh Dhupia vs. Sudhaben Biharilalji Bhaiya & Anr. Judgment Date: January 9, […]

Supreme Court Restores Civil Suit Dismissed for Default: Kusumben Indersinh Dhupia vs. Sudhaben Biharilalji Bhaiya (2019) Read Post »

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case: Johra & Ors. vs. State of Haryana & Ors. (2018) INSC 1025 (03 December 2018)

/ Abhay Manohar Sapre, Civil Procedure, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Indu Malhotra, Judges, Judicial Review, Natural Justice, Right to be Heard

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case Date of the Judgment: 03 December 2018 Citation: (2018) INSC 1025 Judges: Abhay Manohar Sapre, J., Indu Malhotra, J. Can a court issue orders affecting parties without giving them a chance to be heard? The Supreme Court recently addressed this fundamental

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case: Johra & Ors. vs. State of Haryana & Ors. (2018) INSC 1025 (03 December 2018) Read Post »

Supreme Court Settles Family Property Dispute through Mediation: Meenakshi Juneja vs. State of NCT of Delhi (2018)

/ Civil Law, Civil Procedure, Family Law, Hemant Gupta, Judges, Kurian Joseph, Mediation, Property Law, Settlement

Supreme Court Settles Family Property Dispute through Mediation: Meenakshi Juneja vs. State of NCT of Delhi (2018) LEGAL ISSUE: Resolution of ancestral property rights through court-facilitated mediation. CASE TYPE: Civil (Property Dispute). Case Name: Meenakshi Juneja & Anr. vs. State of NCT of Delhi & Ors. Judgment Date: 26 November 2018 Introduction Date of the

Supreme Court Settles Family Property Dispute through Mediation: Meenakshi Juneja vs. State of NCT of Delhi (2018) Read Post »

Supreme Court Upholds Eviction for Reconstruction: Ram Raj Chaurasia vs. Sharda Devi (20 November 2018)

/ Civil Appeal, Civil Law, Deepak Gupta, Eviction, Hemant Gupta, Judges, Kurian Joseph, Landlord-Tenant Law, Reconstruction

Supreme Court Upholds Eviction for Reconstruction: Ram Raj Chaurasia vs. Sharda Devi (2018) LEGAL ISSUE: Whether a tenant can challenge an eviction order based on the landlord’s stated need for reconstruction, even if the reconstruction does not immediately occur. CASE TYPE: Landlord-Tenant Dispute, Eviction Case Name: Ram Raj Chaurasia vs. Sharda Devi & Anr. [Judgment

Supreme Court Upholds Eviction for Reconstruction: Ram Raj Chaurasia vs. Sharda Devi (20 November 2018) Read Post »

Supreme Court Orders Open Remand for Land Compensation: Ali Akbar vs. State of Kerala (2018)

/ A.M. Khanwilkar, Appeals, Civil Procedure, Compensation, Evidence, Judges, Kurian Joseph, Land Acquisition, Reference Court, Remand

Supreme Court Orders Open Remand for Land Compensation: Ali Akbar vs. State of Kerala (2018) Date of the Judgment: 26 October 2018 Citation: Civil Appeal No(s). 10786-10787 of 2018, Civil Appeal No(s). 10788-10796 of 2018 Judges: Kurian Joseph, J., A.M. Khanwilkar, J. Can a High Court remand a land acquisition compensation case back to the

Supreme Court Orders Open Remand for Land Compensation: Ali Akbar vs. State of Kerala (2018) Read Post »

Supreme Court Grants Leave to Appeal in Housing Society Case: Dahisar Saraswati Co-op. Housing Society Ltd. vs. State of Maharashtra (2018)

/ Abhay Manohar Sapre, Appeals, Criminal Procedure Code, Criminal Procedure Code with Section 378(4), Indu Malhotra, Judges, Maharashtra Ownership Flats Act, Violations of Maharashtra Ownership Flats Act

Supreme Court Grants Leave to Appeal in Housing Society Case: Dahisar Saraswati Co-op. Housing Society Ltd. vs. State of Maharashtra (2018) LEGAL ISSUE: Whether the High Court was justified in declining to grant leave to file an appeal against the order of the Metropolitan Magistrate. CASE TYPE: Criminal Case Name: Dahisar Saraswati Co-op. Housing Society

Supreme Court Grants Leave to Appeal in Housing Society Case: Dahisar Saraswati Co-op. Housing Society Ltd. vs. State of Maharashtra (2018) Read Post »

Victim’s Right to Appeal: Supreme Court Clarifies Scope of Section 372 CrPC in Acquittal Cases (2018)

/ Appeals, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 372, Code of Criminal Procedure, 1973 with Section 378, Constitutional Law, Deepak Gupta, Fundamental Rights, Indian Penal Code, 1860, Judges, Madan B. Lokur, Offences Against Human Body, S. Abdul Nazeer

Victim’s Right to Appeal: Supreme Court Clarifies Scope of Section 372 CrPC LEGAL ISSUE: Whether a victim has a right to appeal against an acquittal order and whether leave to appeal is required. CASE TYPE: Criminal Law Case Name: Mallikarjun Kodagali (Dead) represented through Legal Representatives vs. State of Karnataka & Ors. [Judgment Date]: 12

Victim’s Right to Appeal: Supreme Court Clarifies Scope of Section 372 CrPC in Acquittal Cases (2018) Read Post »

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018)

/ Appeal, Civil Procedure, Condonation of Delay, Ex-parte Decree, Indira Banerjee, Injunction, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, Property Law, R. Banumathi, Sale Deed

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018) Date of the Judgment: October 10, 2018 Citation: (2018) INSC 910 Judges: R. Banumathi, J., Indira Banerjee, J. Can a party who was aware of court proceedings claim ignorance to justify a delay in filing an appeal? The Supreme

Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018) Read Post »

Supreme Court settles family property dispute through amicable settlement: Madan Mohan vs. Jawahar Lal (2018)

/ A.M. Khanwilkar, Civil Law, Civil Procedure, Family Law, Judges, Kurian Joseph, Settlement

Supreme Court Settles Family Property Dispute Through Settlement: Madan Mohan vs. Jawahar Lal (2018) LEGAL ISSUE: Resolution of property disputes among family members through amicable settlement. CASE TYPE: Civil dispute, family property. Case Name: Madan Mohan vs. Jawahar Lal (Dead) Through Lrs. & Ors. [Judgment Date]: October 05, 2018 Introduction Date of the Judgment: October

Supreme Court settles family property dispute through amicable settlement: Madan Mohan vs. Jawahar Lal (2018) Read Post »

Supreme Court Upholds Society’s Right to be Heard in Land Dispute: Gopal Nagar Cooperative vs. Mohd. Aslam (2018) INSC 849 (27 September 2018)

/ Civil Law, Civil Procedure, Code of Civil Procedure, 1908, Indira Banerjee, Judges, Order IX, Code of Civil Procedure, 1908, R. Banumathi, Right to be Heard

Supreme Court Upholds Society’s Right to be Heard in Land Dispute Date of the Judgment: 27 September 2018 Citation: (2018) INSC 849 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a court set aside a decree passed without giving a party a fair chance to present its case? The Supreme Court of India addressed

Supreme Court Upholds Society’s Right to be Heard in Land Dispute: Gopal Nagar Cooperative vs. Mohd. Aslam (2018) INSC 849 (27 September 2018) Read Post »

Supreme Court Enhances Compensation for Pomegranate Trees in Land Acquisition Cases: Pattipati Venkateswarlu Naidu vs. The Special Deputy Collector (L.A.) (27 September 2018)

/ Civil Procedure, Compensation, Condonation of Delay, Delay Condonation, Judges, Kurian Joseph, Land Acquisition, Pomegranate Trees Compensation, Sanjay Kishan Kaul

Supreme Court Enhances Compensation for Pomegranate Trees in Land Acquisition Cases (2018) Date of the Judgment: 27 September 2018 Citation: (2018) INSC 879 Judges: Kurian Joseph, J. and Sanjay Kishan Kaul, J. Can claimants receive enhanced compensation for acquired land even after a delay in approaching the court? The Supreme Court addressed this question while

Supreme Court Enhances Compensation for Pomegranate Trees in Land Acquisition Cases: Pattipati Venkateswarlu Naidu vs. The Special Deputy Collector (L.A.) (27 September 2018) Read Post »

Supreme Court recalls order for Super Bazar revival scheme: Super Bazar Karamchari Dalit Sangh vs. Union of India (26 September 2018)

/ A.M. Khanwilkar, Cooperative Societies Act, Cooperative Societies Act with Revival Scheme, Dhananjaya Y. Chandrachud, Dipak Misra, Inherent Powers of Supreme Court, Judges, Multi-State Cooperative Societies Act, 2002, Recall of Orders, Supreme Court of India

Supreme Court recalls order for Super Bazar revival scheme: Super Bazar Karamchari Dalit Sangh vs. Union of India (2018) Date of the Judgment: 26 September 2018 Citation: Not Available Judges: Dipak Misra, CJI, A.M. Khanwilkar, J, Dr. Dhananjaya Y. Chandrachud, J. The judgment was authored by Dr. Dhananjaya Y. Chandrachud, J. Can a court recall

Supreme Court recalls order for Super Bazar revival scheme: Super Bazar Karamchari Dalit Sangh vs. Union of India (26 September 2018) Read Post »

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