Code of Civil Procedure, 1908

Supreme Court allows amendment of pleadings in mortgage redemption suit: Ganesh Prasad vs. Rajeshwar Prasad (2023)

/ Amendment of Pleadings, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order IX Rule 9, Code of Civil Procedure, 1908 with Order VI Rule 17, J. B. Pardiwala, Judges, Redemption of Mortgage, Sudhanshu Dhulia, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 83

Supreme Court Allows Amendment of Pleadings in Mortgage Redemption Suit: Ganesh Prasad vs. Rajeshwar Prasad (2023) LEGAL ISSUE: Whether a plaintiff can amend their plaint to include alternative and potentially inconsistent pleas, particularly in a suit involving mortgage redemption and tenancy disputes. CASE TYPE: Civil (Mortgage Redemption, Tenancy Dispute) Case Name: Ganesh Prasad vs. Rajeshwar […]

Supreme Court allows amendment of pleadings in mortgage redemption suit: Ganesh Prasad vs. Rajeshwar Prasad (2023) Read Post »

Supreme Court Clarifies Inter-State Transfer Powers of Common High Courts: Shah Newaz Khan vs. State of Nagaland (28 February 2023)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 24, Code of Civil Procedure, 1908 with Section 25, Constitutional Law, Constitutional Law with Article 227, Constitutional Law with Article 231, Dipankar Datta, Hrishikesh Roy, Judges

Supreme Court Clarifies Inter-State Transfer Powers of Common High Courts: Shah Newaz Khan vs. State of Nagaland (2023) Date of the Judgment: 28 February 2023 Citation: 2023 INSC 145 Judges: Hrishikesh Roy, J., Dipankar Datta, J. Can a High Court that serves as a common court for multiple states transfer a civil case from one

Supreme Court Clarifies Inter-State Transfer Powers of Common High Courts: Shah Newaz Khan vs. State of Nagaland (28 February 2023) Read Post »

Supreme Court Sets Aside Kerala High Court Order for Fresh Trial in Sale Deed Cancellation Case: Sirajudheen vs. Zeenath & Ors. (27 February 2023)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLI Rule 23, Code of Civil Procedure, 1908 with Order XLI Rule 23-A, Code of Civil Procedure, 1908 with Order XLI Rule 24, Dinesh Maheshwari, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 103, Indian Evidence Act, 1872 with Section 114, Indian Evidence Act, 1872 with Section 120, Indian Partnership Act, 1932, Indian Partnership Act, 1932 with Section 69, Judges, Sudhanshu Dhulia

Supreme Court Sets Aside Kerala High Court Order for Fresh Trial in Sale Deed Cancellation Case LEGAL ISSUE: Whether the High Court was justified in remanding a case for a fresh trial when the Trial Court had already made a decision based on the available evidence. CASE TYPE: Civil Law – Property Dispute Case Name:

Supreme Court Sets Aside Kerala High Court Order for Fresh Trial in Sale Deed Cancellation Case: Sirajudheen vs. Zeenath & Ors. (27 February 2023) Read Post »

Supreme Court Sets Aside Kerala High Court Order for Fresh Trial in Sale Deed Dispute: Sirajudheen vs. Zeenath (2023)

/ Code of Civil Procedure, 1908, Dinesh Maheshwari, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 103, Indian Evidence Act, 1872 with Section 114, Indian Evidence Act, 1872 with Section 120, Judges, Order XLI, Rules 23, 23-A, 24, 27, and 33, Code of Civil Procedure, 1908, Sudhanshu Dhulia

Supreme Court Sets Aside Kerala High Court Order for Fresh Trial in Sale Deed Dispute: Sirajudheen vs. Zeenath (2023) LEGAL ISSUE: Whether the High Court was justified in remanding a case for a fresh trial when the existing evidence was sufficient for a decision. CASE TYPE: Civil Law – Property Dispute Case Name: Sirajudheen vs.

Supreme Court Sets Aside Kerala High Court Order for Fresh Trial in Sale Deed Dispute: Sirajudheen vs. Zeenath (2023) Read Post »

Supreme Court Limits Review Jurisdiction in Property Dispute: S. Murali Sundaram vs. Jothibai Kannan & Ors. (2023)

/ C.T. Ravikumar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 47 Rule 1, Code of Civil Procedure, 1908 with Section 114, Judges, M. R. Shah, Review Jurisdiction

Supreme Court Limits Review Jurisdiction in Property Dispute: S. Murali Sundaram vs. Jothibai Kannan & Ors. (2023) LEGAL ISSUE: Scope of review jurisdiction under Order 47 Rule 1 of the Code of Civil Procedure, 1908. CASE TYPE: Civil Appellate Jurisdiction, Property Dispute Case Name: S. Murali Sundaram vs. Jothibai Kannan & Ors. [Judgment Date]: February

Supreme Court Limits Review Jurisdiction in Property Dispute: S. Murali Sundaram vs. Jothibai Kannan & Ors. (2023) Read Post »

Supreme Court Overturns High Court’s Review Order on Property Dispute: S. Murali Sundaram vs. Jothibai Kannan (24 February 2023)

/ Appellate Jurisdiction, C.T. Ravikumar, Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 47 Rule 1, Code of Civil Procedure, 1908 with Section 114, Judges, M. R. Shah, Review Jurisdiction

Supreme Court Overturns High Court’s Review Order on Property Dispute: S. Murali Sundaram vs. Jothibai Kannan (2023) LEGAL ISSUE: Scope of review jurisdiction under Order 47 Rule 1 of the Code of Civil Procedure, 1908. CASE TYPE: Civil Appellate Jurisdiction, Property Dispute. Case Name: S. Murali Sundaram vs. Jothibai Kannan & Ors. Judgment Date: 24

Supreme Court Overturns High Court’s Review Order on Property Dispute: S. Murali Sundaram vs. Jothibai Kannan (24 February 2023) Read Post »

Supreme Court clarifies execution of decree in specific performance case: Sanwarlal Agrawal vs. Ashok Kumar Kothari (2023)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XII Rule 6, Contract Interpretation, Contract Law, Execution of Decree, Judges, Krishna Murari, S. Ravindra Bhat, Specific Performance

Supreme Court clarifies execution of decree in specific performance case: Sanwarlal Agrawal vs. Ashok Kumar Kothari (2023) LEGAL ISSUE: Whether an executing court can go beyond the decree and include aspects not explicitly mentioned in the decree based on pleadings and other documents. CASE TYPE: Civil, Specific Performance Case Name: Sanwarlal Agrawal & Ors. vs.

Supreme Court clarifies execution of decree in specific performance case: Sanwarlal Agrawal vs. Ashok Kumar Kothari (2023) Read Post »

Supreme Court clarifies jurisdiction in money laundering cases: Rana Ayyub vs. Directorate of Enforcement (2023)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 201, Code of Criminal Procedure with Sections 177 to 184, J.B. Pardiwala, Judges, Prevention of Money-laundering Act, 2002, Prevention of Money-laundering Act, 2002 with Section 3, Prevention of Money-laundering Act, 2002 with Section 44(1), Special Courts under PMLA, Territorial Jurisdiction, V. Ramasubramanian

Supreme Court clarifies jurisdiction in money laundering cases: Rana Ayyub vs. Directorate of Enforcement (2023) LEGAL ISSUE: Determining the territorial jurisdiction of Special Courts in cases of money laundering. CASE TYPE: Criminal Case Name: Rana Ayyub vs. Directorate of Enforcement Judgment Date: 7 February 2023 Date of the Judgment: 7 February 2023 Citation: (2023) INSC

Supreme Court clarifies jurisdiction in money laundering cases: Rana Ayyub vs. Directorate of Enforcement (2023) Read Post »

Supreme Court Clarifies Jurisdiction in Money Laundering Cases: Rana Ayyub vs. Directorate of Enforcement (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 201, J.B. Pardiwala, Judges, Prevention of Money-laundering Act, 2002, Prevention of Money-laundering Act, 2002 with Section 44, Special Courts, Territorial Jurisdiction, V. Ramasubramanian

Supreme Court Clarifies Jurisdiction in Money Laundering Cases: Rana Ayyub vs. Directorate of Enforcement (2023) LEGAL ISSUE: Determining the territorial jurisdiction of Special Courts in money laundering cases. CASE TYPE: Criminal Case Name: Rana Ayyub vs. Directorate of Enforcement Judgment Date: 7 February 2023 Date of the Judgment: 7 February 2023 Citation: 2023 INSC 101

Supreme Court Clarifies Jurisdiction in Money Laundering Cases: Rana Ayyub vs. Directorate of Enforcement (2023) Read Post »

Supreme Court Allows Appeal Against Ex-Parte Decree in Rent Dispute: Shyam Kumar Gupta vs. Shubham Jain (2 February 2023)

/ Bela M. Trivedi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order IX Rule 13, Dinesh Maheshwari, Judges, Provincial Small Cause Courts Act, 1887, Provincial Small Cause Courts Act, 1887 with Section 17

Supreme Court Allows Appeal Against Ex-Parte Decree in Rent Dispute: Shyam Kumar Gupta vs. Shubham Jain (2023) LEGAL ISSUE: Whether an ex-parte decree in a rent dispute should be set aside when the tenant has deposited the principal amount of rent and cost, but not the mesne profits, as required under Section 17 of the

Supreme Court Allows Appeal Against Ex-Parte Decree in Rent Dispute: Shyam Kumar Gupta vs. Shubham Jain (2 February 2023) Read Post »

Supreme Court clarifies interest calculation on decreed amounts: Nepa Limited vs. Manoj Kumar Agrawal (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXI, Rule 1, Judges, Sanjiv Khanna, Sudhanshu Dhulia

Supreme Court Clarifies Interest Calculation on Decreed Amounts: Nepa Limited vs. Manoj Kumar Agrawal (2022) Date of the Judgment: 08 December 2022 Citation: [Not Available in Source] Judges: Sanjiv Khanna, J. and Sudhanshu Dhulia, J. Can interest be claimed on a decreed amount when a portion of it has already been paid and withdrawn by

Supreme Court clarifies interest calculation on decreed amounts: Nepa Limited vs. Manoj Kumar Agrawal (2022) Read Post »

Supreme Court clarifies procedure for indigent suits: Solomon Selvaraj vs. Indirani Bhagawan Singh (2 December 2022)

/ Cause of Action, Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 33, Code of Civil Procedure, 1908 with Order 33 Rule 15A, Code of Civil Procedure, 1908 with Order 33 Rule 5, Indigent Suits, Judges, M.M. Sundresh, M.R. Shah, Res Judicata

Supreme Court clarifies procedure for indigent suits: Solomon Selvaraj vs. Indirani Bhagawan Singh (2022) LEGAL ISSUE: Whether a court can reject an application to sue as an indigent person based on the merits of the suit, such as res judicata or lack of cause of action. CASE TYPE: Civil Procedure. Case Name: Solomon Selvaraj &

Supreme Court clarifies procedure for indigent suits: Solomon Selvaraj vs. Indirani Bhagawan Singh (2 December 2022) Read Post »

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