Code of Civil Procedure, 1908

Supreme Court Upholds Eviction Order, Emphasizes Proper Framing of Legal Questions in Second Appeals: Rashmi Kant Vijay Chandra & Ors. vs. Baijnath Choubey & Company (2024)

/ Appellate Procedure, Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXX Rule 1, Code of Civil Procedure, 1908 with Section 100, Landlord-Tenant Disputes

Supreme Court Upholds Eviction Order, Emphasizes Proper Framing of Legal Questions in Second Appeals: Rashmi Kant Vijay Chandra & Ors. vs. Baijnath Choubey & Company (2024) LEGAL ISSUE: Whether a High Court can overturn a First Appellate Court’s factual findings in a second appeal without framing a substantial question of law regarding those findings, and […]

Supreme Court Upholds Eviction Order, Emphasizes Proper Framing of Legal Questions in Second Appeals: Rashmi Kant Vijay Chandra & Ors. vs. Baijnath Choubey & Company (2024) Read Post »

Supreme Court Sets Aside Ex-Parte Decree for Lack of Fair Hearing in Property Dispute: Ranjit Singh vs. State of Uttarakhand (2024)

/ Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 47, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106

Supreme Court Sets Aside Ex-Parte Decree for Lack of Fair Hearing in Property Dispute: Ranjit Singh vs. State of Uttarakhand (2024) LEGAL ISSUE: Whether an ex-parte decree can be set aside if the defendant was not given a fair opportunity to be heard. CASE TYPE: Civil Property Dispute Case Name: Ranjit Singh & Anr. vs.

Supreme Court Sets Aside Ex-Parte Decree for Lack of Fair Hearing in Property Dispute: Ranjit Singh vs. State of Uttarakhand (2024) Read Post »

Supreme Court Clarifies Jurisdiction in Cases of Fraudulent Sale Deeds Under U.P. Consolidation Act (10 September 2024)

/ Civil Law, Consolidation of Land Holdings, Fraudulent Sale Deeds, Jurisdiction of Civil Courts, U.P. Consolidation of Holdings Act, 1954, U.P. Consolidation of Holdings Act, 1954 with Section 4, U.P. Consolidation of Holdings Act, 1954 with Section 5

Supreme Court Clarifies Jurisdiction in Cases of Fraudulent Sale Deeds Under U.P. Consolidation Act LEGAL ISSUE: Whether a civil suit for cancellation of a sale deed obtained by fraud and impersonation is barred under the U.P. Consolidation of Holdings Act, 1954. CASE TYPE: Civil Law, Consolidation of Land Holdings Case Name: Khursheed & Anr. vs.

Supreme Court Clarifies Jurisdiction in Cases of Fraudulent Sale Deeds Under U.P. Consolidation Act (10 September 2024) Read Post »

Supreme Court clarifies Mesne Profits Inquiry Timeline in Property Dispute: Choudappa vs. Choudappa (2024)

/ Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XX Rule 12, Mesne Profits, Property Law

Supreme Court Clarifies Mesne Profits Inquiry Timeline in Property Dispute: Choudappa vs. Choudappa (2024) LEGAL ISSUE: Whether an application for determination of mesne profits, filed years after a decree for possession, is barred by limitation. CASE TYPE: Civil Property Dispute Case Name: Choudappa & Anr. vs. Choudappa Since Deceased By Lrs. & Ors. Judgment Date:

Supreme Court clarifies Mesne Profits Inquiry Timeline in Property Dispute: Choudappa vs. Choudappa (2024) Read Post »

Supreme Court Modifies Compensation Calculation for Delayed Flat Possession: Kaushik Narsinhbhai Patel & Ors. vs. M/s. S.J.R. Prime Corporation Private Limited (22 July 2024)

/ Breach of contract, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VI, Rule 1, Code of Civil Procedure, 1908 with Order VI, Rule 2, Code of Civil Procedure, 1908 with Order VI, Rule 7, Construction Agreement, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 38(3)(a), Consumer Protection Act, 2019 with Section 38(9), Contract Law

Supreme Court Modifies Compensation Calculation for Delayed Flat Possession: Kaushik Narsinhbhai Patel & Ors. vs. M/s. S.J.R. Prime Corporation Private Limited (2024) LEGAL ISSUE: Calculation of compensation for delayed possession of flats. CASE TYPE: Consumer Case Name: Kaushik Narsinhbhai Patel & Ors. vs. M/s. S.J.R. Prime Corporation Private Limited Judgment Date: 22 July 2024 Date

Supreme Court Modifies Compensation Calculation for Delayed Flat Possession: Kaushik Narsinhbhai Patel & Ors. vs. M/s. S.J.R. Prime Corporation Private Limited (22 July 2024) Read Post »

Supreme Court Clarifies Requirements for Valid Compromise Decrees in Property Disputes: Amro Devi & Ors. vs. Julfi Ram (Deceased) Thr.Lrs. & Ors. (2024) INSC 527 (15 July 2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXIII Rule 3, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 52

Supreme Court Clarifies Requirements for Valid Compromise Decrees in Property Disputes Date of the Judgment: 15 July 2024 Citation: (2024) INSC 527 Judges: Justice Vikram Nath and Justice Prashant Kumar Mishra Can a simple statement in court lead to a valid compromise decree, especially when it concerns property rights? The Supreme Court of India recently

Supreme Court Clarifies Requirements for Valid Compromise Decrees in Property Disputes: Amro Devi & Ors. vs. Julfi Ram (Deceased) Thr.Lrs. & Ors. (2024) INSC 527 (15 July 2024) Read Post »

Supreme Court clarifies the application of Res Judicata between Co-defendants in Property Dispute: Har Narayan Tewari vs. Cantonment Board (2024)

/ Adverse Possession, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 11, Land Ownership, Property Law, Res Judicata

Supreme Court Clarifies Res Judicata in Property Dispute: Har Narayan Tewari vs. Cantonment Board (2024) Date of the Judgment: July 08, 2024 Citation: 2024 INSC 467 Judges: Justice Abhay S. Oka and Justice Pankaj Mithal Can a previous suit between a plaintiff and multiple defendants bar a subsequent suit between the co-defendants? The Supreme Court

Supreme Court clarifies the application of Res Judicata between Co-defendants in Property Dispute: Har Narayan Tewari vs. Cantonment Board (2024) Read Post »

Supreme Court clarifies the scope of second appeals under the Punjab Courts Act: Lehna Singh vs. Gurnam Singh (2024)

/ Appeals, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Punjab Courts Act, 1918, Punjab Courts Act, 1918 with Section 41, Second Appeals

Supreme Court Clarifies Second Appeal Jurisdiction in Punjab Courts Act: Lehna Singh vs. Gurnam Singh (2024) LEGAL ISSUE: Scope of second appeal under Section 41 of the Punjab Courts Act, 1918 and its interplay with Section 100 of the Code of Civil Procedure, 1908. CASE TYPE: Civil Case Name: Lehna Singh (D) By Lrs. vs.

Supreme Court clarifies the scope of second appeals under the Punjab Courts Act: Lehna Singh vs. Gurnam Singh (2024) Read Post »

Supreme Court Restores Property After Decree Modification: Bhikchand vs. Shamabai (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXI Rule 54, Code of Civil Procedure, 1908 with Order XXI Rule 66, Code of Civil Procedure, 1908 with Section 144

Supreme Court Restores Property After Decree Modification: Bhikchand vs. Shamabai (2024) LEGAL ISSUE: Whether a judgment debtor is entitled to restitution of property sold in execution of a decree, when that decree is subsequently varied by an appellate court. CASE TYPE: Civil Case Name: Bhikchand S/O Dhondiram Mutha (Deceased) Through Lrs. vs. Shamabai Dhanraj Gugale

Supreme Court Restores Property After Decree Modification: Bhikchand vs. Shamabai (2024) Read Post »

Supreme Court on Stranger’s Application for Suit Restoration: Vijay Laxman Bhawe vs. P & S Nirman Pvt. Ltd. (2024)

/ Civil Law, Civil Procedure Code, 1908, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order IX, Order IX, Code of Civil Procedure, 1908, Restoration of Suit

Supreme Court on Stranger’s Application for Suit Restoration: Vijay Laxman Bhawe vs. P & S Nirman Pvt. Ltd. (2024) Date of the Judgment: 8th May 2024 Citation: 2024 INSC 394 Judges: B.R. Gavai, J. and Sandeep Mehta, J. Can a third party, not originally involved in a lawsuit, seek to revive a dismissed case? The

Supreme Court on Stranger’s Application for Suit Restoration: Vijay Laxman Bhawe vs. P & S Nirman Pvt. Ltd. (2024) Read Post »

Supreme Court allows deficit deposit in pre-emption suit: Kanihya vs. Sukhi Ram (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 148, Pre-emption Law, Pre-emption Suit

Supreme Court allows deficit deposit in pre-emption suit: Kanihya vs. Sukhi Ram (2024) LEGAL ISSUE: Whether a court can extend the time for depositing the full amount in a pre-emption suit when a minor deficit occurs due to a calculation error. CASE TYPE: Civil Pre-emption Suit. Case Name: Kanihya @ Kanhi (Dead) Through Lrs. vs.

Supreme Court allows deficit deposit in pre-emption suit: Kanihya vs. Sukhi Ram (2024) Read Post »

Supreme Court Upholds Consolidation Officer’s Order: Ram Balak Singh vs. State of Bihar (2024)

/ Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 with Section 10(B), Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 with Section 37, Civil Procedure, Jurisdiction of Civil Courts, Maintainability of Civil Suits

Supreme Court Upholds Consolidation Officer’s Order: Ram Balak Singh vs. State of Bihar (2024) LEGAL ISSUE: Whether a Civil Court can overturn an order passed by a Consolidation Officer under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. CASE TYPE: Civil. Case Name: Ram Balak Singh vs. State of Bihar and Anr.

Supreme Court Upholds Consolidation Officer’s Order: Ram Balak Singh vs. State of Bihar (2024) Read Post »

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