Code of Civil Procedure, 1908

Supreme Court Resolves Cooperative Society Redevelopment Dispute: Kamgar Swa Sadan Co-operative Housing Society Ltd. vs. Vijaykumar Vitthalrao Sarvade & Ors. (2022)

/ Abhay S. Oka, Ajay Rastogi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 9A, Constitutional Law, Constitutional Law with Article 142, Disputes Related to Cooperative Societies, Judges, Jurisdiction of Civil Court, Maharashtra Co-operative Societies Act, 1960, Maharashtra Co-operative Societies Act, 1960 with Section 91

Supreme Court Resolves Cooperative Society Redevelopment Dispute: Kamgar Swa Sadan Co-operative Housing Society Ltd. vs. Vijaykumar Vitthalrao Sarvade & Ors. (2022) Date of the Judgment: 08 February 2022 Citation: Kamgar Swa Sadan Co-operative Housing Society Ltd. v. Mr. Vijaykumar Vitthalrao Sarvade & Ors., Civil Appeal No. 1222 of 2022 (arising out of SLP (Civil) No. […]

Supreme Court Resolves Cooperative Society Redevelopment Dispute: Kamgar Swa Sadan Co-operative Housing Society Ltd. vs. Vijaykumar Vitthalrao Sarvade & Ors. (2022) Read Post »

Supreme Court Clarifies Limited Estate Under Will: Jogi Ram vs. Suresh Kumar (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 97(1), Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 14, Judges, M.M. Sundresh, Property Rights of a Female Hindu, Sanjay Kishan Kaul, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 41

Supreme Court Clarifies Limited Estate Under Will: Jogi Ram vs. Suresh Kumar (2022) LEGAL ISSUE: Whether a limited estate granted to a Hindu female under a will becomes an absolute estate under Section 14(1) of the Hindu Succession Act, 1956, or remains a limited estate under Section 14(2). CASE TYPE: Civil Law, Property Law, Testamentary

Supreme Court Clarifies Limited Estate Under Will: Jogi Ram vs. Suresh Kumar (2022) Read Post »

Supreme Court clarifies the determination of limitation in loan recovery suits in Mongia Realty vs. Manik Sethi (31 January 2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XIV Rule 2, Dhananjaya Y Chandrachud, Judges, Limitation Act, Surya Kant

Supreme Court Clarifies Limitation for Loan Recovery Suits: Mongia Realty vs. Manik Sethi (2022) Date of the Judgment: 31 January 2022 Citation: Civil Appeal No 814 of 2022 (Arising out of SLP (C) No 26930 of 2019) Judges: Dr Dhananjaya Y Chandrachud, J and Surya Kant, J. When can a court decide on the issue

Supreme Court clarifies the determination of limitation in loan recovery suits in Mongia Realty vs. Manik Sethi (31 January 2022) Read Post »

Supreme Court Clarifies Limitation for Loan Recovery Suits: Mongia Realty vs. Manik Sethi (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XIV Rule 2, Dhananjaya Y Chandrachud, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 1, Surya Kant

Supreme Court Clarifies Limitation for Loan Recovery Suits: Mongia Realty vs. Manik Sethi (2022) LEGAL ISSUE: Whether the issue of limitation in a suit for recovery of money can be decided as a preliminary issue based on oral arguments alone, without considering evidence. CASE TYPE: Civil (Loan Recovery) Case Name: M/s Mongia Realty and Buildwell

Supreme Court Clarifies Limitation for Loan Recovery Suits: Mongia Realty vs. Manik Sethi (2022) Read Post »

Supreme Court clarifies when limitation can be decided as a preliminary issue in loan recovery suits: Mongia Realty vs. Manik Sethi (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XIV Rule 2, Dhananjaya Y Chandrachud, Judges, Limitation Act, Limitation Act with Article 1, Surya Kant

Supreme Court Clarifies Limitation for Loan Recovery Suits: Mongia Realty vs. Manik Sethi (2022) LEGAL ISSUE: Whether the issue of limitation in a loan recovery suit can be decided as a preliminary issue without evidence. CASE TYPE: Civil (Loan Recovery) Case Name: M/s Mongia Realty and Buildwell Private Limited vs. Manik Sethi [Judgment Date]: 31

Supreme Court clarifies when limitation can be decided as a preliminary issue in loan recovery suits: Mongia Realty vs. Manik Sethi (2022) Read Post »

Supreme Court Upholds Sale Deed Executed by Power of Attorney Holder: Amar Nath vs. Gian Chand (28 January 2022)

/ Agency, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 201, Judges, K.M. Joseph, Pamidighantam Sri Narasimha, Registration Act, 1908, Registration Act, 1908 with Section 32, Registration Act, 1908 with Section 33

Supreme Court Upholds Sale Deed Executed by Power of Attorney Holder: Amar Nath vs. Gian Chand (28 January 2022) LEGAL ISSUE: Whether a sale deed executed by a power of attorney holder is valid when the principal claims the power of attorney was cancelled before the sale. CASE TYPE: Civil Law – Property Dispute Case

Supreme Court Upholds Sale Deed Executed by Power of Attorney Holder: Amar Nath vs. Gian Chand (28 January 2022) Read Post »

Supreme Court clarifies jurisdiction for executing foreign decrees in Messer Griesheim GmbH vs. Goyal MG Gases Pvt. Ltd. (2022)

/ Abhay S. Oka, Ajay Rastogi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 44A, Delhi High Court Act, 1966, Delhi High Court Act, 1966 with Section 5, Execution of Decrees, Judges, Original Civil Jurisdiction, Pecuniary Jurisdiction

Supreme Court Clarifies Jurisdiction for Executing Foreign Decrees: Messer Griesheim GmbH vs. Goyal MG Gases Pvt. Ltd. (2022) LEGAL ISSUE: Determining the appropriate court for executing a foreign money decree from a reciprocating territory. CASE TYPE: Civil (Execution of Foreign Decree) Case Name: Messer Griesheim GmbH (Now Called Air Liquide Deutschland GmbH) vs. Goyal MG

Supreme Court clarifies jurisdiction for executing foreign decrees in Messer Griesheim GmbH vs. Goyal MG Gases Pvt. Ltd. (2022) Read Post »

Supreme Court Clarifies Jurisdiction for Executing Foreign Decrees in Delhi: Messer Griesheim GmbH vs. Goyal MG Gases Pvt. Ltd. (2022)

/ Abhay S. Oka, Ajay Rastogi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 2(4), Code of Civil Procedure, 1908 with Section 44A, Delhi High Court Act, 1966, Delhi High Court Act, 1966 with Section 5, Execution of Decrees, Judges

Supreme Court Clarifies Jurisdiction for Executing Foreign Decrees in Delhi: Messer Griesheim GmbH vs. Goyal MG Gases Pvt. Ltd. (2022) Date of the Judgment: January 28, 2022 Citation: 2022 INSC 113 Judges: Justice Ajay Rastogi and Justice Abhay S. Oka. The judgment was authored by Justice Rastogi. Can a High Court execute a foreign court’s

Supreme Court Clarifies Jurisdiction for Executing Foreign Decrees in Delhi: Messer Griesheim GmbH vs. Goyal MG Gases Pvt. Ltd. (2022) Read Post »

Supreme Court Orders Transfer of Conjugal Rights Case: Akkireddy Nihaarika vs. Akkireddy Karteek Kumar (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 25, Dhananjaya Y Chandrachud, Family Law, Judges, Restitution of Conjugal Rights, Sanjiv Khanna, Transfer of Cases

Supreme Court Orders Transfer of Conjugal Rights Case: Akkireddy Nihaarika vs. Akkireddy Karteek Kumar (2022) LEGAL ISSUE: Transfer of a petition for restitution of conjugal rights. CASE TYPE: Family Law. Case Name: Smt Akkireddy Nihaarika vs. Akkireddy Karteek Kumar. [Judgment Date]: January 27, 2022 Date of the Judgment: January 27, 2022. Citation: TP(C) 1532/2020. Judges:

Supreme Court Orders Transfer of Conjugal Rights Case: Akkireddy Nihaarika vs. Akkireddy Karteek Kumar (2022) Read Post »

Supreme Court Disposes of Contempt Petitions in Flat Buyer Case: Raj Kapoor & Ors. vs. Ram Kishor Arora & Ors. (27 January 2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 39, Contempt of Court, Dhananjaya Y Chandrachud, Enforcement of Court Orders, Judges, Sanjiv Khanna

Supreme Court Disposes of Contempt Petitions in Flat Buyer Case: Raj Kapoor & Ors. vs. Ram Kishor Arora & Ors. (27 January 2022) LEGAL ISSUE: Enforcement of Court Orders and Payment of Dues to Flat Buyers CASE TYPE: Contempt of Court / Real Estate Case Name: Raj Kapoor and Others vs. Ram Kishor Arora and

Supreme Court Disposes of Contempt Petitions in Flat Buyer Case: Raj Kapoor & Ors. vs. Ram Kishor Arora & Ors. (27 January 2022) Read Post »

Supreme Court Upholds Prior Partition in Family Property Dispute: K. Arumuga Velaiah vs. P.R. Ramasamy (27 January 2022)

/ B.R. Gavai, B.V. Nagarathna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 11, Judges, L. Nageswara Rao, Registration Act, 1908, Registration Act, 1908 with Section 17(1)(e), Registration Act, 1908 with Section 17(2)(v), Registration Act, 1908 with Section 49, Res Judicata

Supreme Court Upholds Prior Partition in Family Property Dispute: K. Arumuga Velaiah vs. P.R. Ramasamy (2022) LEGAL ISSUE: Whether a prior family partition, even if based on an unregistered arbitration award, bars a subsequent suit for partition of the same properties. CASE TYPE: Civil Property Dispute Case Name: K. Arumuga Velaiah vs. P.R. Ramasamy and

Supreme Court Upholds Prior Partition in Family Property Dispute: K. Arumuga Velaiah vs. P.R. Ramasamy (27 January 2022) Read Post »

Supreme Court Upholds Order to Deposit Award in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (2022)

/ Arbitration, Code of Civil Procedure, 1908, Judges, M.R. Shah, Order 39, Code of Civil Procedure, 1908, Sanjiv Khanna, Supreme Court Judgments on Arbitration

Supreme Court Upholds Order to Deposit Award in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (2022) LEGAL ISSUE: Whether the Supreme Court should recall its previous order directing a party to deposit an arbitral award amount. CASE TYPE: Arbitration Case Name: Dharmesh S. Jain & another vs. Urban Infrastructure Real Estate

Supreme Court Upholds Order to Deposit Award in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (2022) Read Post »

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