Code of Civil Procedure, 1908

Supreme Court clarifies the necessity of purchaser’s presence during property registration: H.P. Puttaswamy vs. Thimmamma & Ors. (24 January 2020)

Supreme Court clarifies the necessity of purchaser’s presence during property registration: H.P. Puttaswamy vs. Thimmamma & Ors. (2020) Date of the Judgment: 24 January 2020 Citation: (2020) INSC 43 Judges: Deepak Gupta, J., Aniruddha Bose, J. Can a sale deed be deemed invalid if the purchaser is not present at the time of its registration? […]

Supreme Court clarifies the necessity of purchaser’s presence during property registration: H.P. Puttaswamy vs. Thimmamma & Ors. (24 January 2020) Read Post »

Supreme Court Upholds Execution of Decree by Legal Representative Based on Will: Varadarajan vs. Kanakavalli & Ors. (2020) INSC 27

Supreme Court Upholds Execution of Decree by Legal Representative Based on Will: Varadarajan vs. Kanakavalli & Ors. (2020) INSC 27 Date of the Judgment: 22 January 2020 Citation: (2020) INSC 27 Judges: L. Nageswara Rao, J. and Hemant Gupta, J. Can a person who is not a direct heir, but is named in a will,

Supreme Court Upholds Execution of Decree by Legal Representative Based on Will: Varadarajan vs. Kanakavalli & Ors. (2020) INSC 27 Read Post »

Supreme Court Clarifies Limitation Act Applicability to Review Petitions under RDB Act

Supreme Court Clarifies Limitation Act Applicability to Review Petitions under RDB Act LEGAL ISSUE: Whether the provisions of the Limitation Act, 1963 apply to review petitions filed under Rule 5A of the Debt Recovery Tribunal (Procedure) Rules, 1993, under the Recovery of Debts and Bankruptcy Act, 1993. CASE TYPE: Debt Recovery/Banking Law Case Name: Standard

Supreme Court Clarifies Limitation Act Applicability to Review Petitions under RDB Act Read Post »

Supreme Court Clarifies Timelines for Filing Written Statements in Non-Commercial Cases: Desh Raj vs. Balkishan (2020) INSC 24

Supreme Court Clarifies Timelines for Filing Written Statements in Non-Commercial Cases LEGAL ISSUE: Whether the timeline for filing a written statement in a non-commercial civil suit is mandatory or directory under Order VIII Rule 1 of the Code of Civil Procedure, 1908. CASE TYPE: Civil Case Name: Desh Raj vs. Balkishan [Judgment Date]: 20 January

Supreme Court Clarifies Timelines for Filing Written Statements in Non-Commercial Cases: Desh Raj vs. Balkishan (2020) INSC 24 Read Post »

Supreme Court Upholds Civil Court Jurisdiction in Fine Recovery Case: Rajasthan State Road Transport Corp. vs. Ramesh Kumar Sharma (2020)

Supreme Court Upholds Civil Court Jurisdiction in Fine Recovery Case: Rajasthan State Road Transport Corp. vs. Ramesh Kumar Sharma (2020) LEGAL ISSUE: Whether a civil court can adjudicate a dispute regarding the recovery of a fine imposed on workmen, or if such a matter falls exclusively under the jurisdiction of the Industrial Disputes Act, 1947.

Supreme Court Upholds Civil Court Jurisdiction in Fine Recovery Case: Rajasthan State Road Transport Corp. vs. Ramesh Kumar Sharma (2020) Read Post »

Supreme Court Upholds High Court Decision on Temporary Injunction in Property Dispute: Saketa Vaksana LLP vs. Kaukutla Sarala (2019)

Supreme Court Upholds High Court Decision on Temporary Injunction in Property Dispute: Saketa Vaksana LLP vs. Kaukutla Sarala (2019) LEGAL ISSUE: Whether a temporary injunction should be granted in a property dispute where possession and payment of consideration are contested. CASE TYPE: Civil Property Dispute Case Name: Saketa Vaksana LLP & Anr. vs. Kaukutla Sarala

Supreme Court Upholds High Court Decision on Temporary Injunction in Property Dispute: Saketa Vaksana LLP vs. Kaukutla Sarala (2019) Read Post »

Supreme Court clarifies procedure for dismissal of appeals due to appellant absence: Prabodh Ch. Das vs. Mahamaya Das (2019) INSC 963

Supreme Court Clarifies Procedure for Dismissal of Appeals: Prabodh Ch. Das vs. Mahamaya Das (2019) INSC 963 Date of the Judgment: December 13, 2019 Citation: (2019) INSC 963 Judges: S. Abdul Nazeer, J., Sanjiv Khanna, J. Can a High Court dismiss an appeal on its merits if the appellant’s counsel is absent during the hearing?

Supreme Court clarifies procedure for dismissal of appeals due to appellant absence: Prabodh Ch. Das vs. Mahamaya Das (2019) INSC 963 Read Post »

Supreme Court Upholds Bar on Specific Performance Suit Due to Prior Injunction Suit: Vurimi Pullarao vs. Vemari Vyankata Radharani (27 November 2019)

Supreme Court Upholds Bar on Specific Performance Suit Due to Prior Injunction Suit: Vurimi Pullarao vs. Vemari Vyankata Radharani (2019) LEGAL ISSUE: Whether a subsequent suit for specific performance is barred under Order 2 Rule 2 of the Code of Civil Procedure, 1908 if a prior suit for injunction was filed without seeking leave of

Supreme Court Upholds Bar on Specific Performance Suit Due to Prior Injunction Suit: Vurimi Pullarao vs. Vemari Vyankata Radharani (27 November 2019) Read Post »

Supreme Court Enforces Settlement Agreement in Family Property Dispute: Kaushaliya vs. Jodha Ram (25 November 2019)

Supreme Court Enforces Settlement Agreement in Family Property Dispute: Kaushaliya vs. Jodha Ram (2019) LEGAL ISSUE: Whether a settlement agreement reached through mediation, encompassing properties beyond the original suit’s scope, is binding and enforceable. CASE TYPE: Contempt Jurisdiction/Civil Case Name: Kaushaliya vs. Jodha Ram & Ors. Judgment Date: 25 November 2019 Date of the Judgment:

Supreme Court Enforces Settlement Agreement in Family Property Dispute: Kaushaliya vs. Jodha Ram (25 November 2019) Read Post »

Supreme Court Allows Appeal Against Ex-Parte Decree After Dismissal of Order IX Rule 13 Application: N. Mohan vs. R. Madhu (21 November 2019)

Supreme Court Allows Appeal Against Ex-Parte Decree After Dismissal of Order IX Rule 13 Application: N. Mohan vs. R. Madhu (2019) LEGAL ISSUE: Whether an appeal under Section 96(2) of the Code of Civil Procedure, 1908 (CPC) is maintainable after the dismissal of an application under Order IX Rule 13 of the CPC to set

Supreme Court Allows Appeal Against Ex-Parte Decree After Dismissal of Order IX Rule 13 Application: N. Mohan vs. R. Madhu (21 November 2019) Read Post »

Supreme Court Orders Joint Trial in Property Dispute: Dhillon vs. Ghuman (24 October 2019)

Supreme Court Orders Joint Trial in Property Dispute: Dhillon vs. Ghuman (2019) LEGAL ISSUE: Whether suits related to the same property filed in different courts by siblings, both legal heirs, should be clubbed together for a joint trial. CASE TYPE: Civil (Property Partition) Case Name: Lt. Col. Paramjit Singh Dhillon vs. Harinder Singh Ghuman Judgment

Supreme Court Orders Joint Trial in Property Dispute: Dhillon vs. Ghuman (24 October 2019) Read Post »

Supreme Court Upholds Possession Despite Irregular Police Assistance in Execution: Om Parkash vs. Amar Singh (2019)

Supreme Court Upholds Possession Despite Irregular Police Assistance in Execution: Om Parkash vs. Amar Singh (2019) LEGAL ISSUE: Whether delivery of possession of a property to a decree holder with police assistance is invalid if the court did not specifically order such police assistance. CASE TYPE: Civil Execution Case Name: Om Parkash and Another vs.

Supreme Court Upholds Possession Despite Irregular Police Assistance in Execution: Om Parkash vs. Amar Singh (2019) Read Post »

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