Code of Civil Procedure, 1908

Supreme Court Allows Additional Documents in Civil Suit: Sugandhi vs. P. Rajkumar (2020)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 13 Rule 1, Code of Civil Procedure, 1908 with Order 8 Rule 1A, Judges, S. Abdul Nazeer, Sanjiv Khanna

Supreme Court Allows Additional Documents in Civil Suit: Sugandhi vs. P. Rajkumar (2020) LEGAL ISSUE: Whether a court can allow the production of additional documents by a defendant at a later stage of a civil suit, after the written statement has been filed and the plaintiff’s evidence is concluded. CASE TYPE: Civil Procedure Case Name: […]

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Supreme Court Upholds Survivorship Rights, Invalidates Will in Property Dispute: V. Kalyanaswamy vs. L. Bakthavatsalam (2020)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order II Rule 2, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 14, Hindu Succession Act, 1956 with Section 30, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 68, Indian Evidence Act, 1872 with Section 69, Judges, K.M. Joseph, Sanjay Kishan Kaul

Supreme Court Upholds Survivorship Rights, Invalidates Will in Property Dispute Date of the Judgment: July 17, 2020 Citation: CIVIL APPEAL NOS. 1021-1026 OF 2013, ETC. Judges: Justice Sanjay Kishan Kaul, Justice K.M. Joseph Can a will override the traditional laws of inheritance in a Hindu joint family? The Supreme Court recently addressed this complex issue,

Supreme Court Upholds Survivorship Rights, Invalidates Will in Property Dispute: V. Kalyanaswamy vs. L. Bakthavatsalam (2020) Read Post »

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Indu Malhotra, Judges, L. Nageswara Rao, Limitation Act, 1963, Limitation Act, 1963 with Article 58, Limitation Act, 1963 with Article 59, Rejection of Plaint, Sale of Property, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Date of the Judgment: July 09, 2020 Citation: (2020) INSC 377 Judges: L. Nageswara Rao, J., Indu Malhotra, J. Can a sale deed be cancelled years after its execution, merely on the ground that the full

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Read Post »

Supreme Court Clarifies Limitation for Rendition of Accounts in Banking Disputes: Shakti Bhog Food Industries Ltd. vs. Central Bank of India (2020)

/ A.M. Khanwilkar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11(d), Dinesh Maheshwari, Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 113, Limitation Act, 1963 with Section 22

Supreme Court Clarifies Limitation for Rendition of Accounts: Shakti Bhog Food Industries Ltd. vs. Central Bank of India (2020) LEGAL ISSUE: Determining the limitation period for filing a suit seeking rendition of accounts and recovery of excess charges by a bank. CASE TYPE: Civil – Banking Dispute Case Name: Shakti Bhog Food Industries Ltd. vs.

Supreme Court Clarifies Limitation for Rendition of Accounts in Banking Disputes: Shakti Bhog Food Industries Ltd. vs. Central Bank of India (2020) Read Post »

Supreme Court clarifies if a stranger can challenge a compromise decree: Triloki Nath Singh vs. Anirudh Singh (2020)

/ A.M. Khanwilkar, Ajay Rastogi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 23 Rule 3, Code of Civil Procedure, 1908 with Order 23 Rule 3A, Indian Contract Act, 1872, Indian Contract Act, 1872 with Compromise, Judges, Lis Pendens, Order 23, Code of Civil Procedure, 1908, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 52, Void and Voidable Contracts

Supreme Court on Challenge to Compromise Decree by a Stranger: Triloki Nath Singh vs. Anirudh Singh (2020) LEGAL ISSUE: Can a person not party to a compromise decree challenge it in a separate suit? CASE TYPE: Civil Case Name: Triloki Nath Singh vs. Anirudh Singh(D) Thr. Lrs & Ors. [Judgment Date]: May 6, 2020 Introduction

Supreme Court clarifies if a stranger can challenge a compromise decree: Triloki Nath Singh vs. Anirudh Singh (2020) Read Post »

Supreme Court Upholds High Court Decision on Will Dispute: Shivakumar & Ors. vs. Sharanabasappa & Ors. (24 April 2020)

/ A.M. Khanwilkar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLI Rule 23, Code of Civil Procedure, 1908 with Order XLI Rule 23A, Dinesh Maheshwari, Hemant Gupta, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 68, Indian Succession Act, 1925, Indian Succession Act, 1925 with Section 59, Indian Succession Act, 1925 with Section 61, Indian Succession Act, 1925 with Section 63, Judges

Supreme Court Upholds High Court Decision on Will Dispute: Shivakumar & Ors. vs. Sharanabasappa & Ors. (2020) LEGAL ISSUE: Validity of a Will and the presence of suspicious circumstances. CASE TYPE: Civil Appellate Jurisdiction – Property Law Case Name: Shivakumar & Ors. vs. Sharanabasappa & Ors. Judgment Date: 24 April 2020 Introduction Date of the

Supreme Court Upholds High Court Decision on Will Dispute: Shivakumar & Ors. vs. Sharanabasappa & Ors. (24 April 2020) Read Post »

Supreme Court Upholds High Court Decision in Auction Sale Dispute: Paul vs. T. Mohan (2020)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXI Rule 89, Code of Civil Procedure, 1908 with Section 151, Indian Chit Funds Act, 1982, Indian Chit Funds Act, 1982 with Section 64(1)(A), Inherent Powers of Court, Judges, Uday Umesh Lalit, Vineet Saran

Supreme Court Upholds High Court Decision in Auction Sale Dispute: Paul vs. T. Mohan (2020) LEGAL ISSUE: Whether the High Court was correct in setting aside an auction sale due to non-compliance of Order XXI Rule 89 of the Code of Civil Procedure, 1908 (CPC) and if the inherent powers under Section 151 of the

Supreme Court Upholds High Court Decision in Auction Sale Dispute: Paul vs. T. Mohan (2020) Read Post »

Supreme Court Upholds Auction Sale: Palaniammal vs. Kamalakannan (2020)

/ Ashok Bhushan, Auction Sales, Benami Transactions, Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 66, Judges, Navin Sinha, Property Dispute

Supreme Court Upholds Auction Sale: Palaniammal vs. Kamalakannan (2020) LEGAL ISSUE: Whether a court auction sale can be challenged after a significant delay, and whether the person in whose name the sale certificate is issued is the actual owner. CASE TYPE: Civil Property Dispute Case Name: Palaniammal and Others vs. Kamalakannan and Others [Judgment Date]:

Supreme Court Upholds Auction Sale: Palaniammal vs. Kamalakannan (2020) Read Post »

Supreme Court Upholds Leave for Suit Against Medical Trust: Ashok Kumar Gupta vs. Sitalaxmi Sahuwala Medical Trust (2020)

/ Administration of Public Trusts, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 92, Judges, Public Charitable Trusts, Uday Umesh Lalit, Vineet Saran

Supreme Court Upholds Leave for Suit Against Medical Trust: Ashok Kumar Gupta vs. Sitalaxmi Sahuwala Medical Trust (2020) LEGAL ISSUE: Whether a suit seeking a scheme of administration for a public charitable trust, including the appointment of a specific trustee, falls within the scope of Section 92 of the Code of Civil Procedure, 1908. CASE

Supreme Court Upholds Leave for Suit Against Medical Trust: Ashok Kumar Gupta vs. Sitalaxmi Sahuwala Medical Trust (2020) Read Post »

Supreme Court Modifies High Court Order on Consent Decree Execution in Family Dispute: Pawan Kumar Arya vs. Ravi Kumar Arya (2020)

/ Ashok Bhushan, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 21 Rule 34, Execution of Decree, Family Dispute, Family Law, Family Settlement, Judges, M.R. Shah

Supreme Court Modifies High Court Order on Consent Decree Execution in Family Dispute: Pawan Kumar Arya vs. Ravi Kumar Arya (2020) LEGAL ISSUE: Whether a part of a consent decree, specifically the allotment of properties, can be executed independently when the decree also mandates a further supplementary agreement between the parties. CASE TYPE: Civil, Family

Supreme Court Modifies High Court Order on Consent Decree Execution in Family Dispute: Pawan Kumar Arya vs. Ravi Kumar Arya (2020) Read Post »

Supreme Court clarifies the duty of First Appellate Court in Specific Performance cases: Malluru Mallappa vs. Kuruvathappa (2020)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLI Rule 31, Code of Civil Procedure, 1908 with Section 96, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 54, S. Abdul Nazeer, Sanjiv Khanna

Supreme Court clarifies the duty of First Appellate Court: Malluru Mallappa vs. Kuruvathappa (2020) LEGAL ISSUE: Duty of the First Appellate Court to re-appreciate evidence and record findings in appeals against decrees. CASE TYPE: Civil – Specific Performance. Case Name: Malluru Mallappa(D) Thr. Lrs. vs. Kuruvathappa & Ors. Judgment Date: 12 February 2020 Introduction Date

Supreme Court clarifies the duty of First Appellate Court in Specific Performance cases: Malluru Mallappa vs. Kuruvathappa (2020) Read Post »

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay: Atma Ram vs. Charanjit Singh (2020)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 149, Judges, N.V. Ramana, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Specific Relief Act, 1963 with Section 20, V. Ramasubramanian

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay: Atma Ram vs. Charanjit Singh (2020) LEGAL ISSUE: Whether a suit for mandatory injunction can be converted to a suit for specific performance by paying the deficit court fee, and whether delay in filing a suit for specific performance affects the plaintiff’s claim. CASE

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay: Atma Ram vs. Charanjit Singh (2020) Read Post »

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