Appellate Procedure

Supreme Court Upholds Partition Decree, Emphasizes Convenience in Land Allotment: Mallanagouda vs. Ninganagouda (2021) INSC 157 (12 March 2021)

Supreme Court Upholds Partition Decree, Emphasizes Convenience in Land Allotment Date of the Judgment: 12 March 2021 Citation: (2021) INSC 157 Judges: L. Nageswara Rao, J. and S. Ravindra Bhat, J. Can a High Court interfere with a First Appellate Court’s factual findings in a property partition case? The Supreme Court addressed this question in […]

Supreme Court Upholds Partition Decree, Emphasizes Convenience in Land Allotment: Mallanagouda vs. Ninganagouda (2021) INSC 157 (12 March 2021) Read Post »

Supreme Court orders fresh consideration of property dispute: Narayan Sitaramji Badwaik vs. Bisaram (2021) INSC 71

Supreme Court orders fresh consideration of property dispute: Narayan Sitaramji Badwaik vs. Bisaram (2021) INSC 71 LEGAL ISSUE: The proper procedure for a High Court to follow when dealing with a second appeal where the first appellate court has erred in its assessment of facts and law. CASE TYPE: Civil Case Name: Narayan Sitaramji Badwaik

Supreme Court orders fresh consideration of property dispute: Narayan Sitaramji Badwaik vs. Bisaram (2021) INSC 71 Read Post »

Supreme Court Remands Income Tax Appeals for Fresh Hearing: Ryatar Sahakari Sakkarre Karkhane Niyamit vs. Asst. Commissioner of Income Tax (2019)

Supreme Court Remands Income Tax Appeals for Fresh Hearing: Ryatar Sahakari Sakkarre Karkhane Niyamit vs. Asst. Commissioner of Income Tax (2019) LEGAL ISSUE: Procedure for framing questions of law in appeals before the High Court under Section 260A of the Income Tax Act, 1961. CASE TYPE: Income Tax Appellate Case Name: Ryatar Sahakari Sakkarre Karkhane

Supreme Court Remands Income Tax Appeals for Fresh Hearing: Ryatar Sahakari Sakkarre Karkhane Niyamit vs. Asst. Commissioner of Income Tax (2019) Read Post »

Supreme Court Remands Income Tax Case: Applicability of Section 35D of Income Tax Act to Banks (15 March 2019)

Supreme Court Remands Income Tax Case: Applicability of Section 35D of Income Tax Act to Banks Date of the Judgment: 15 March 2019 Citation: 2019 INSC 251 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a bank be considered an industrial undertaking for tax deduction purposes? The Supreme Court of India recently addressed this

Supreme Court Remands Income Tax Case: Applicability of Section 35D of Income Tax Act to Banks (15 March 2019) Read Post »

Supreme Court overturns High Court conviction in land dispute case: Puni Devi & Ors. vs. Tulsi Ram (2019) INSC 79 (13 February 2019)

Supreme Court overturns High Court conviction in land dispute case Date of the Judgment: 13 February 2019 Citation: (2019) INSC 79 Judges: Dr. Dhananjaya Y. Chandrachud, J. and Hemant Gupta, J. Can a High Court overturn a trial court’s acquittal simply by re-appreciating the evidence, without finding any perversity in the trial court’s approach? The

Supreme Court overturns High Court conviction in land dispute case: Puni Devi & Ors. vs. Tulsi Ram (2019) INSC 79 (13 February 2019) Read Post »

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

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 Remands Landlord-Tenant Dispute: Biswajit Sukul vs. Deo Chand Sarda (2018)

Supreme Court Remands Landlord-Tenant Dispute: Biswajit Sukul vs. Deo Chand Sarda (2018) LEGAL ISSUE: Procedural error in appellate review of a landlord-tenant dispute. CASE TYPE: Civil Case Name: Biswajit Sukul vs. Deo Chand Sarda & Ors. Judgment Date: 25 September 2018 Date of the Judgment: 25 September 2018 Citation: (2018) INSC 858 Judges: Abhay Manohar

Supreme Court Remands Landlord-Tenant Dispute: Biswajit Sukul vs. Deo Chand Sarda (2018) Read Post »

Supreme Court Remands Land Acquisition Case: Bangalore Development Authority vs. B.N. Ramalingaswamy (20 September 2018)

Supreme Court Remands Land Acquisition Case: Bangalore Development Authority vs. B.N. Ramalingaswamy (2018) Date of the Judgment: 20 September 2018 Citation: Not Available Judges: Abhay Manohar Sapre, J. and S. Abdul Nazeer, J. Can a High Court dismiss an appeal without addressing the key issues raised by the appellant? The Supreme Court of India recently

Supreme Court Remands Land Acquisition Case: Bangalore Development Authority vs. B.N. Ramalingaswamy (20 September 2018) Read Post »

Supreme Court Remands Land Acquisition Case: Sivakami vs. State of Tamil Nadu (2018)

Supreme Court Remands Land Acquisition Case: Sivakami vs. State of Tamil Nadu (2018) LEGAL ISSUE: Whether the High Court can dismiss a writ petition without providing reasons after setting aside the order of the Single Judge which had also not provided reasons. CASE TYPE: Land Acquisition Case Name: Sivakami & Ors. vs. State of Tamil

Supreme Court Remands Land Acquisition Case: Sivakami vs. State of Tamil Nadu (2018) Read Post »

Supreme Court Sets Aside High Court Order for Not Providing Opportunity to Rebut Additional Evidence in Partition Suit: Akhilesh Singh vs. Lal Babu Singh (2018)

Supreme Court Sets Aside High Court Order for Not Providing Opportunity to Rebut Additional Evidence in Partition Suit: Akhilesh Singh vs. Lal Babu Singh (2018) LEGAL ISSUE: Whether an appellate court must provide an opportunity to the contesting party to rebut or explain additional evidence admitted under Order XLI Rule 27 of the Code of

Supreme Court Sets Aside High Court Order for Not Providing Opportunity to Rebut Additional Evidence in Partition Suit: Akhilesh Singh vs. Lal Babu Singh (2018) Read Post »

Supreme Court Remands Specific Performance Case Due to Unreasoned High Court Order: G. Saraswathi vs. Rathinammal (2018)

Supreme Court Remands Specific Performance Case Due to Unreasoned High Court Order: G. Saraswathi vs. Rathinammal (2018) LEGAL ISSUE: Whether the High Court’s dismissal of a Letters Patent Appeal without providing reasons is legally sound. CASE TYPE: Civil Appeal regarding Specific Performance of an Agreement. Case Name: G. Saraswathi & Anr. vs. Rathinammal & Ors.

Supreme Court Remands Specific Performance Case Due to Unreasoned High Court Order: G. Saraswathi vs. Rathinammal (2018) Read Post »

Supreme Court Sets Aside High Court Order for Lack of Reasoning in Property Partition Case (23 August 2017)

Can a High Court dismiss a second appeal without stating reasons? The Supreme Court of India recently addressed this question in a case concerning a property partition dispute. The Court emphasized the importance of reasoned judgments, particularly in appellate cases. This case highlights the necessity for High Courts to provide clear explanations when dismissing appeals.

Supreme Court Sets Aside High Court Order for Lack of Reasoning in Property Partition Case (23 August 2017) Read Post »

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