Code of Civil Procedure, 1908

Supreme Court Upholds Decree in Property Dispute: Rehan Ahmed vs. Akhtar Un Nisa (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXIII, Rule 3, Code of Civil Procedure, 1908 with Section 47, Property Law

Supreme Court Upholds Decree in Property Dispute: Rehan Ahmed vs. Akhtar Un Nisa (2024) LEGAL ISSUE: Validity of a compromise decree in a property dispute when one of the original defendants was later removed from the suit. CASE TYPE: Civil Property Dispute Case Name: Rehan Ahmed (D) Thr. L Rs. vs. Akhtar Un Nisa (D) […]

Supreme Court Upholds Decree in Property Dispute: Rehan Ahmed vs. Akhtar Un Nisa (2024) Read Post »

Supreme Court Upholds Forest Land Status, Rejects Review Based on New Evidence: State of Telangana vs. Mohd. Abdul Qasim (2024) INSC 310 (18 April 2024)

/ Andhra Pradesh Forest Act, 1967, Andhra Pradesh Forest Act, 1967 with Section 15, Andhra Pradesh Forest Act, 1967 with Section 16, Andhra Pradesh Forest Act, 1967 with Section 4, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLVII Rule 1, Code of Civil Procedure, 1908 with Section 114, Constitutional Law, Constitutional Law with Article 48A, Constitutional Law with Article 51A, Fundamental Rights

Supreme Court Upholds Forest Land Status, Rejects Review Based on New Evidence: State of Telangana vs. Mohd. Abdul Qasim (2024) INSC 310 (18 April 2024) LEGAL ISSUE: Whether a High Court can review a judgment based on new evidence that surfaces after the original judgment, especially when the new evidence is from an authority lacking

Supreme Court Upholds Forest Land Status, Rejects Review Based on New Evidence: State of Telangana vs. Mohd. Abdul Qasim (2024) INSC 310 (18 April 2024) Read Post »

Supreme Court Sets Aside High Court Order on Arbitration in Land Dispute: State of Madhya Pradesh vs. Satish Jain (2024) INSC 315

/ Arbitration Agreement, Arbitration Award, Arbitration Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VI Rule 17, Code of Civil Procedure, 1908 with Order VII Rule 11, Code of Civil Procedure, 1908 with Section 89

Supreme Court Sets Aside High Court Order on Arbitration in Land Dispute: State of Madhya Pradesh vs. Satish Jain (2024) INSC 315 LEGAL ISSUE: Whether an arbitration award based on an agreement that relies on an ex-parte decree can be enforced after the ex-parte decree is set aside. CASE TYPE: Civil Case Name: State of

Supreme Court Sets Aside High Court Order on Arbitration in Land Dispute: State of Madhya Pradesh vs. Satish Jain (2024) INSC 315 Read Post »

Supreme Court Quashes FIR in Civil Dispute: State of Arunachal Pradesh vs. Kamal Agarwal (2024)

/ Criminal Procedure, Criminal Procedure with FIR, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Offences Against Property, Territorial Jurisdiction

Supreme Court Quashes FIR in Civil Dispute: State of Arunachal Pradesh vs. Kamal Agarwal (2024) LEGAL ISSUE: Whether a criminal FIR can be registered for a dispute that is essentially civil in nature, particularly concerning a financial transaction and property transfer. CASE TYPE: Criminal. Case Name: The State of Arunachal Pradesh vs. Kamal Agarwal &

Supreme Court Quashes FIR in Civil Dispute: State of Arunachal Pradesh vs. Kamal Agarwal (2024) Read Post »

Territorial Jurisdiction in Shipping Disputes: Supreme Court Affirms Delhi Court’s Authority in Arcadia Shipping Ltd. vs. Tata Steel Ltd. (2024)

/ Bill of Lading, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order I Rule 3, Code of Civil Procedure, 1908 with Order I Rule 7, Code of Civil Procedure, 1908 with Section 20, Shipping Law, Territorial Jurisdiction

Supreme Court Upholds Delhi Court’s Jurisdiction in Shipping Dispute: Arcadia Shipping Ltd. vs. Tata Steel Ltd. (2024) LEGAL ISSUE: Determining territorial jurisdiction in cases involving interconnected transactions of sale and shipment of goods. CASE TYPE: Civil. Case Name: Arcadia Shipping Ltd. vs. Tata Steel Limited and Others. [Judgment Date]: April 16, 2024 Introduction Date of

Territorial Jurisdiction in Shipping Disputes: Supreme Court Affirms Delhi Court’s Authority in Arcadia Shipping Ltd. vs. Tata Steel Ltd. (2024) Read Post »

Supreme Court Dismisses Election Petition for Lack of Material Facts: Karim Uddin Barbhuiya vs. Aminul Haque Laskar (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Corrupt Practices, The Representation of the People Act, 1951, The Representation of the People Act, 1951 with Section 100, The Representation of the People Act, 1951 with Section 83

Supreme Court Dismisses Election Petition for Lack of Material Facts: Karim Uddin Barbhuiya vs. Aminul Haque Laskar (2024) LEGAL ISSUE: Whether an election petition can be dismissed for not stating material facts and full particulars of corrupt practices. CASE TYPE: Election Law Case Name: Karim Uddin Barbhuiya vs. Aminul Haque Laskar & Ors. [Judgment Date]:

Supreme Court Dismisses Election Petition for Lack of Material Facts: Karim Uddin Barbhuiya vs. Aminul Haque Laskar (2024) Read Post »

Supreme Court Upholds Dismissal of Belated Application Under Order IX Rule 7 CPC: K.B. Lal vs. Gyanendra Pratap (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order IX Rule 7, Condonation of Delay, Limitation Act, Limitation Act with Section 5

Supreme Court Upholds Dismissal of Belated Application Under Order IX Rule 7 CPC: K.B. Lal vs. Gyanendra Pratap (2024) LEGAL ISSUE: Whether a delay of almost 14 years in filing an application under Order IX Rule 7 of the Code of Civil Procedure, 1908 (CPC) can be condoned. CASE TYPE: Civil Procedure Case Name: K.B.

Supreme Court Upholds Dismissal of Belated Application Under Order IX Rule 7 CPC: K.B. Lal vs. Gyanendra Pratap (2024) Read Post »

Supreme Court Orders Husband’s Potency Test in Divorce Case: Deep Mukerjee vs. Sreyashi Banerjee (2024) INSC 274 (5 April 2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 151, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(ia), Hindu Marriage Act, 1955 with Section 9, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 45, Restitution of Conjugal Rights

Supreme Court Orders Husband’s Potency Test in Divorce Case Date of the Judgment: 5 April 2024 Citation: (2024) INSC 274 Judges: Vikram Nath, J., Prashant Kumar Mishra, J. Can a court order a husband to undergo a potency test in a divorce case where the wife alleges non-consummation due to the husband’s impotency? The Supreme

Supreme Court Orders Husband’s Potency Test in Divorce Case: Deep Mukerjee vs. Sreyashi Banerjee (2024) INSC 274 (5 April 2024) Read Post »

Supreme Court Sets Aside Ex-Parte Injunction in Defamation Case: Bloomberg vs. Zee Entertainment (2024)

/ Code of Civil Procedure, 1908, Defamation, Freedom of Speech, Injunctions, Media Law, Order XLIII, Code of Civil Procedure, 1908

Supreme Court Sets Aside Ex-Parte Injunction in Defamation Case: Bloomberg vs. Zee Entertainment (2024) LEGAL ISSUE: Balancing freedom of speech with the right to reputation in defamation cases involving media platforms. CASE TYPE: Defamation, Media Law, Civil Procedure Case Name: Bloomberg Television Production Services India Private Limited & Ors. vs. Zee Entertainment Enterprises Limited [Judgment

Supreme Court Sets Aside Ex-Parte Injunction in Defamation Case: Bloomberg vs. Zee Entertainment (2024) Read Post »

Supreme Court Decides Jurisdiction in Property Dispute: Acme Papers vs. Chintaman Developers (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 10, Code of Civil Procedure, 1908 with Section 16, Code of Civil Procedure, 1908 with Section 20, Jurisdiction, Property Law, Transfer Petition

Supreme Court Decides Jurisdiction in Property Dispute: Acme Papers vs. Chintaman Developers (2024) LEGAL ISSUE: Determining the appropriate jurisdiction for a suit involving immovable property when a related agreement was executed elsewhere. CASE TYPE: Civil, Property Law, Transfer Petition Case Name: M/S Acme Papers Ltd. vs. M/S. Chintaman Developers Pvt. Ltd. & Ors. [Judgment Date]:

Supreme Court Decides Jurisdiction in Property Dispute: Acme Papers vs. Chintaman Developers (2024) Read Post »

Supreme Court Dismisses Late Payment Surcharge Claim: Adani Power Loses in Power Purchase Dispute (18 March 2024)

/ Change in Law, Power Purchase Agreement, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 112, Code of Civil Procedure, 1908 with Section 148, Code of Civil Procedure, 1908 with Section 152, Electricity Act, 2003, Electricity Act, 2003 with Section 2(28), Late Payment Surcharge, Power Purchase Agreement, Power Purchase Agreement, Supreme Court Rules, 2013, Supreme Court Rules, 2013 with Order LV Rule 6, Supreme Court Rules, 2013 with Order XII Rule 3, Supreme Court Rules, 2013 with Order XLVII

Supreme Court Dismisses Application for Late Payment Surcharge in Power Purchase Agreement Dispute Date of the Judgment: 18 March 2024 Citation: 2024 INSC 213 Judges: Aniruddha Bose, J., Sanjay Kumar, J. Can a party seek additional payments after a final judgment has been passed in a case? The Supreme Court of India recently addressed this

Supreme Court Dismisses Late Payment Surcharge Claim: Adani Power Loses in Power Purchase Dispute (18 March 2024) Read Post »

Supreme Court clarifies contempt of court in property dispute: Shah Enterprises vs. Vaijayantibhen (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11(d), Code of Civil Procedure, 1908 with Order XIV Rule 2, Code of Civil Procedure, 1908 with Section 11, Consent Decree, Contempt Jurisdiction, Contempt of Court, Land Disputes, Property Law

Supreme Court clarifies contempt of court in property dispute: Shah Enterprises vs. Vaijayantibhen (2024) LEGAL ISSUE: Whether filing a civil suit that potentially contradicts a previous consent decree amounts to contempt of court. CASE TYPE: Contempt of Court, Property Law Case Name: M/S Shah Enterprises Thr. Padmaben Mansukhbhai Modi vs. Vaijayantiben Ranjitsingh Sawant & Ors.

Supreme Court clarifies contempt of court in property dispute: Shah Enterprises vs. Vaijayantibhen (2024) Read Post »

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