Supreme Court clarifies Order II Rule 2 CPC in specific performance suit: Eldeco Housing vs. Ashok Vidyarthi (2023) LEGAL ISSUE: Whether a suit for specific performance is barred under Order II Rule 2 of the Code of Civil Procedure (CPC) if a prior suit for injunction was filed concerning the same property. CASE TYPE: Civil […]
Supreme Court Remands Property Dispute Case: Sabir Hussain vs. Syed Mohammad Hassan (2023) LEGAL ISSUE: Whether the High Court erred in reversing the Trial Court’s judgment without proper consideration of evidence in a property dispute case. CASE TYPE: Civil Property Dispute Case Name: Sabir Hussain (Dead) Thr. Lrs. And Ors. vs. Syed Mohammad Hassan (Dead)
Supreme Court Clarifies Rejection of Plaints Under Order VII Rule 11 CPC: Geetha vs. Nanjundaswamy (2023) LEGAL ISSUE: The correct application of Order VII Rule 11 of the Code of Civil Procedure, 1908, regarding the rejection of plaints, and whether a plaint can be rejected partially. CASE TYPE: Civil Law, specifically concerning property partition. Case
Supreme Court Upholds Executing Court’s Order in Eviction Case: Pradeep Mehra vs. Harijivan J. Jethwa (2023) LEGAL ISSUE: The core legal issue revolves around the extent of the executing court’s powers under Section 47 of the Code of Civil Procedure, 1908 (CPC), specifically whether it can revisit an order allowing execution of a decree that
Supreme Court Upholds Wakf Tribunal Jurisdiction in Eviction Cases: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. Ltd. (2023) LEGAL ISSUE: Whether the Wakf Tribunal has jurisdiction to adjudicate eviction matters related to Wakf properties. CASE TYPE: Wakf Law, Property Law Case Name: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt.
Supreme Court clarifies ‘Legal Representative’ in inheritance disputes: Yashpal Jain vs. Sushila Devi (2023) INSC 948 (20 October 2023) LEGAL ISSUE: Determination of the rightful legal representative of a deceased plaintiff in a property dispute. CASE TYPE: Civil Case Name: Yashpal Jain vs. Sushila Devi & Others Judgment Date: 20 October 2023 Date of the
Supreme Court Sets Aside High Court Order in Property Dispute: Pankaj Kumar Tiwari vs. Indian Overseas Bank (2023) LEGAL ISSUE: Whether a High Court can entertain a writ petition challenging a civil court order when a statutory remedy is available. CASE TYPE: Civil. Case Name: Pankaj Kumar Tiwari vs. Indian Overseas Bank Asset Recovery Management
Supreme Court Sets Aside Judgment on Admission in Property Partition Suit: Vikrant Kapila vs. Pankaja Panda (2023) LEGAL ISSUE: Whether a judgment on admission can be passed in a property partition suit when the existence of a will is disputed. CASE TYPE: Civil – Property Partition Case Name: Vikrant Kapila and Another vs. Pankaja Panda
Supreme Court clarifies tariff determination in electricity sector: GRIDCO vs. WESCO & Ors. (2023) LEGAL ISSUE: The core legal issue revolves around the determination of tariffs for electricity supply, including the permissibility of passing on principal loan amounts in tariffs, treatment of revenue from power trading, and the locus standi of distribution companies (DISCOMS) to
Supreme Court Allows Delayed Written Statements in Commercial Suit: Aditya Khaitan vs. IL&FS (2023) LEGAL ISSUE: Whether the Supreme Court’s orders extending limitation during the COVID-19 pandemic apply to the period for filing written statements in commercial suits, even when the initial period had expired before the extension orders. CASE TYPE: Commercial Suit, Civil Procedure
Supreme Court Restricts Revisional Powers Against Rejection of Review on Appealable Decrees: Rahimal Bathu vs. Ashiyal Beevi (2023) INSC 861 (26 September 2023) LEGAL ISSUE: Whether a revision under Section 115 of the Code of Civil Procedure, 1908 (CPC) is maintainable against an order of a subordinate court rejecting on merits an application for review
Supreme Court Upholds Title Based on Registered Sale Deed: Appaiya vs. Andimuthu (2023) LEGAL ISSUE: Whether a certified copy of a registered sale deed can be admitted as evidence to prove the contents of the original document, and whether the High Court can overturn concurrent findings of fact by lower courts in a second appeal.
