Supreme Court on Procedure for Second Appeals under Section 100 of CPC: Vijay Arjun Bhagat vs. Nana Laxman Tapkire (2018) LEGAL ISSUE: What is the correct procedure for a High Court to follow when hearing a second appeal under Section 100 of the Code of Civil Procedure, 1908? CASE TYPE: Civil Appellate Case Name: Vijay […]
Supreme Court Upholds Auction Sale, Dismissing Claim of Bona Fide Purchaser: Siddagangaiah vs. Giriraja Shetty (2018) LEGAL ISSUE: Whether a suit is maintainable to challenge a court auction sale after an application to set aside the sale on grounds of material irregularity has been dismissed. Also, whether a sale during the pendency of a suit
Supreme Court Sets Aside Bombay HC Order on Delay in Filing Written Statement: ATCOM Technologies Ltd. vs. Y.A. Chunawala & Co. (2018) Date of the Judgment: May 7, 2018 Citation: 2018 INSC 403 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a court condone a 15-year delay in filing a written statement simply because
Supreme Court Allows Amendment of Plaint After Trial Commenced: Gurbakhsh Singh vs. Buta Singh (2018) Date of the Judgment: 27 April 2018 Citation: (2018) INSC 357 Judges: Arun Mishra, J. and Uday Umesh Lalit, J. Can a party amend their pleadings after the trial has commenced? The Supreme Court of India addressed this question in
Supreme Court Settles Tenant Eviction Dispute with Settlement: Rajesh Chugh & Anr. vs. Batuk Prasad Jaitly (2018) Date of the Judgment: 25 April 2018 Citation: Rajesh Chugh & Anr. vs. Batuk Prasad Jaitly, Civil Appeal No(s). 4419 of 2018 (Arising from SLP (C) No(s).21429/2017) Judges: Kurian Joseph, J., Mohan M. Shantanagoudar, J., Navin Sinha, J.
Supreme Court Clarifies Res Judicata Exceptions in Banking Dispute: Canara Bank vs. N.G. Subbaraya Setty (2018) LEGAL ISSUE: Whether a prior judgment upholding a contract that violates statutory prohibitions operates as res judicata in subsequent proceedings. CASE TYPE: Banking Law, Contract Law, Civil Procedure. Case Name: Canara Bank vs. N.G. Subbaraya Setty & Anr. [Judgment
Supreme Court Clarifies Order 2 Rule 2 CPC in Specific Performance Suits: Sucha Singh Sodhi vs. Baldev Raj Walia (2018) LEGAL ISSUE: Whether a suit for specific performance of an agreement is barred by Order 2 Rule 2 of the Code of Civil Procedure, 1908 (CPC) if a prior suit for permanent injunction was filed
Supreme Court Allows Challenge to 1996 Sale Deed: Chhotanben vs. Kiritbhai Thakkar (2018) LEGAL ISSUE: Whether a suit challenging a sale deed is barred by limitation when the plaintiffs claim they were unaware of the transaction and allege forgery. CASE TYPE: Civil Case Name: Chhotanben and Anr. vs. Kiritbhai Jalkrushnabhai Thakkar and Ors. [Judgment Date]:
Supreme Court Remands Partition Suit for Fresh Hearing: Uma Pandey vs. Munna Pandey (2018) Date of the Judgment: April 09, 2018 Citation: 2018 INSC 289 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can a High Court dismiss a second appeal in limine (without a full hearing) if it involves substantial questions of law, especially
Supreme Court Clarifies Powers of High Courts in Corruption Cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. CBI (2018) Date of the Judgment: 28 March 2018 Citation: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (2018) INSC 220 Judges: Adarsh Kumar Goel, J., Navin Sinha, J., R.F. Nariman, J. (Concurring)
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 Allows Review Petition After Delay: Pralhad Shankarrao Tajale vs. State of Maharashtra (2018) LEGAL ISSUE: Whether a delay in curing defects in a review application should lead to its dismissal. CASE TYPE: Civil Case Name: Pralhad Shankarrao Tajale & Ors. vs. State of Maharashtra through its Secretary (Revenue) & Anr. [Judgment Date]: March
