Civil Procedure

Supreme Court dismisses appeal in securities matter: CAB Securities vs. NSE (2020)

/ Appeals, Arun Mishra, Civil Procedure, Judges, M.R. Shah, Securities Appellate Tribunal, Securities Law

Supreme Court dismisses appeal in securities matter: CAB Securities vs. NSE (2020) LEGAL ISSUE: Whether the Securities Appellate Tribunal’s order warrants interference by the Supreme Court. CASE TYPE: Securities Law Case Name: CAB Securities Limited vs. National Stock Exchange of India Limited Judgment Date: 17 February 2020 Date of the Judgment: 17 February 2020 Citation: […]

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Supreme Court Orders Refund for Undelivered Sand Block: Popatrao Vyankatrao Patil vs. The State of Maharashtra (2020)

/ Administrative Law, Arbitrary Action, B.R. Gavai, Breach of contract, Civil Procedure, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Contract Law, Government Contracts, Judges, Model Litigant, Refund of Contract Amount, S.A. Bobde, Surya Kant, Writ Petition

Supreme Court Orders Refund for Undelivered Sand Block: Popatrao vs. State of Maharashtra (2020) Date of the Judgment: February 14, 2020 Citation: 2020 INSC 138 Judges: S.A. Bobde, CJI., B.R. Gavai, J., Surya Kant, J. Can a citizen be denied a refund for a government contract when the government fails to deliver the contracted goods?

Supreme Court Orders Refund for Undelivered Sand Block: Popatrao Vyankatrao Patil vs. The State of Maharashtra (2020) Read Post »

Supreme Court Allows Uttar Pradesh to Rejoin Tehri Hydro Dispute: State of Uttarakhand vs. Union of India (6 December 2019)

/ Civil Procedure, Civil Procedure with Order VIII Rule 1, Constitutional Law, Constitutional Law with Article 131, Judges, R.F. Nariman, S. Ravindra Bhat

Supreme Court Allows Uttar Pradesh to Rejoin Tehri Hydro Dispute: State of Uttarakhand vs. Union of India (2019) LEGAL ISSUE: Whether the State of Uttar Pradesh should be allowed to rejoin a suit after being set down ex parte. CASE TYPE: Original Suit Jurisdiction under Article 131 of the Constitution of India. Case Name: State

Supreme Court Allows Uttar Pradesh to Rejoin Tehri Hydro Dispute: State of Uttarakhand vs. Union of India (6 December 2019) Read Post »

Supreme Court overturns High Court order on impounding unstamped agreement: Terai Tea Company vs. Kumkum Mittal (2019)

/ Ajay Rastogi, Civil Procedure, Consent Decree, Impounding of Documents, Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 35, Interim Orders, Judges, Mohan M. Shantanagoudar, Specific Performance, Stamp Duty

Supreme Court overturns High Court order on impounding unstamped agreement: Terai Tea Company vs. Kumkum Mittal (2019) Date of the Judgment: October 22, 2019 Citation: 2019 INSC 1170 Judges: Mohan M. Shantanagoudar, J. and Ajay Rastogi, J. Can a court order the impounding of a document for insufficient stamp duty even after a decree based

Supreme Court overturns High Court order on impounding unstamped agreement: Terai Tea Company vs. Kumkum Mittal (2019) Read Post »

Supreme Court Upholds Civil Court Jurisdiction in Property Damage Cases: M. Hariharasudhan vs. R. Karmegam (2019)

/ Ajay Rastogi, Civil Law, Civil Procedure, Judges, Mohan M. Shantanagoudar, Property Law, Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 with Section 14, Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 with Section 7

Supreme Court Upholds Civil Court Jurisdiction in Property Damage Cases: M. Hariharasudhan vs. R. Karmegam (2019) LEGAL ISSUE: Whether the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, excludes the jurisdiction of civil courts in cases of property damage. CASE TYPE: Civil Law, Property Damage Case Name: M. Hariharasudhan vs. R. Karmegam and

Supreme Court Upholds Civil Court Jurisdiction in Property Damage Cases: M. Hariharasudhan vs. R. Karmegam (2019) Read Post »

Supreme Court Orders De Novo Inquiry in U.P. Lekhpal Dismissal Case (23 September 2019)

/ A.S. Bopanna, Civil Procedure, Disciplinary Proceedings, Judges, Principles of Natural Justice, R. Banumathi, Service Law, Uttar Pradesh Service Rules, Writ Petition

Supreme Court Orders De Novo Inquiry in U.P. Lekhpal Dismissal Case (23 September 2019) Date of the Judgment: 23 September 2019 Citation: (2019) INSC 954 Judges: R. Banumathi, J. and A.S. Bopanna, J. Can a disciplinary inquiry be deemed valid if the employee is not given a fair chance to present their case? The Supreme

Supreme Court Orders De Novo Inquiry in U.P. Lekhpal Dismissal Case (23 September 2019) Read Post »

Supreme Court directs fresh hearing on stenographer’s pay scale: Radhey Shyam Pandey vs. Kanpur Development Authority (2019)

/ A.S. Bopanna, Arrears of Salary, Civil Procedure, Impleadment of Parties, Judges, Pay Scale, R. Banumathi, Service Law, Uttar Pradesh Urban Planning and Development Act, 1973, Uttar Pradesh Urban Planning and Development Act, 1973 with Section 5-A

Supreme Court directs fresh hearing on stenographer’s pay scale: Radhey Shyam Pandey vs. Kanpur Development Authority (2019) Date of the Judgment: July 18, 2019 Citation: Not Available Judges: Justice R. Banumathi and Justice A.S. Bopanna Can an employee be denied the salary of a higher post if they have been performing the duties of that

Supreme Court directs fresh hearing on stenographer’s pay scale: Radhey Shyam Pandey vs. Kanpur Development Authority (2019) Read Post »

Supreme Court directs impleadment of State in Stenographer Pay Dispute: Radhey Shyam Pandey vs. Kanpur Development Authority (2019)

/ A.S. Bopanna, Centralization of Services, Civil Procedure, Impleadment of Parties, Judges, Pay Scale Dispute, R. Banumathi, Remand, Service Law, Service Law with Uttar Pradesh Urban Planning and Development Act, 1973

Supreme Court directs impleadment of State in Stenographer Pay Dispute: Radhey Shyam Pandey vs. Kanpur Development Authority (2019) LEGAL ISSUE: Whether the State Government is a necessary party in a dispute regarding the pay scale of a stenographer whose services were centralized under the Uttar Pradesh Urban Planning and Development Act, 1973. CASE TYPE: Service

Supreme Court directs impleadment of State in Stenographer Pay Dispute: Radhey Shyam Pandey vs. Kanpur Development Authority (2019) Read Post »

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

/ A.M. Khanwilkar, Abatement of Appeals, Ajay Rastogi, Civil Law, Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 22, Code of Civil Procedure, 1908 with Order 41, Judges, Property Law

Supreme Court Abatement Ruling: Goli Vijayalakshmi vs. Yendru Sathiraju (2019) LEGAL ISSUE: Whether an appeal abates in its entirety when 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 & Ors. vs. Yendru

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

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019)

/ Civil Procedure, Contract Law, Dhananjaya Y. Chandrachud, Evidence Act, Hemant Gupta, Judges, Pleadings, Readiness and Willingness, Specific Performance

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019) LEGAL ISSUE: Whether specific performance of a sale agreement should be granted when the buyer fails to prove readiness and willingness to perform their part of the contract and has not provided sufficient evidence of payments made beyond the initial

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019) Read Post »

Supreme Court Restores Stay on Eviction Order: Laxmi Chaudhary vs. Sahib Singh Chaudhary (2019)

/ Appeals, Civil Law, Civil Procedure, Eviction, Execution, Judges, R. Banumathi, R. Subhash Reddy, Rent Control, Stay Orders

Supreme Court Restores Stay on Eviction Order: Laxmi Chaudhary vs. Sahib Singh Chaudhary (2019) LEGAL ISSUE: Whether a tenant’s stay on an eviction order should be vacated for non-compliance of a conditional order, and the determination of fair compensation for use and occupation of premises. CASE TYPE: Civil (Eviction and Rent) Case Name: Laxmi Chaudhary

Supreme Court Restores Stay on Eviction Order: Laxmi Chaudhary vs. Sahib Singh Chaudhary (2019) Read Post »

Supreme Court clarifies proper reliefs in land dispute cases: Anant Shankar Bhave vs. Kalyan Dombivli Municipal Corporation (2019) INSC 195

/ Abhay Manohar Sapre, Civil Law, Civil Procedure, Dinesh Maheshwari, Judges, Land Disputes, Property Law

Supreme Court clarifies proper reliefs in land dispute cases: Anant Shankar Bhave vs. Kalyan Dombivli Municipal Corporation (2019) INSC 195 LEGAL ISSUE: Proper reliefs in land disputes when a municipal corporation interferes with private land. CASE TYPE: Civil dispute regarding land ownership and municipal encroachment. Case Name: Anant Shankar Bhave vs. Kalyan Dombivli Municipal Corporation.

Supreme Court clarifies proper reliefs in land dispute cases: Anant Shankar Bhave vs. Kalyan Dombivli Municipal Corporation (2019) INSC 195 Read Post »

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