Supreme Court Upholds Judicial Discipline in Property Dispute: Mary Pushpam vs. Telvi Curusumary (2024) LEGAL ISSUE: Whether a lower court can interpret a High Court judgment differently in a subsequent proceeding when the High Court has already determined the scope of the property in dispute. CASE TYPE: Civil Property Dispute Case Name: Mary Pushpam vs. […]
Supreme Court Clarifies Document Production During Cross-Examination in Civil Suits Date of the Judgment: 14 December 2023 Citation: (2023) INSC 1075 Judges: B.R. Gavai, J. and Sanjay Karol, J. Can a party to a civil suit be treated differently from a witness when it comes to producing documents during cross-examination? The Supreme Court of India
Supreme Court Clarifies Limitation for Appeals Under Jogighopa Act: North Eastern Chemicals vs. Ashok Paper Mill (2023) LEGAL ISSUE: Applicability of the Limitation Act to appeals under the Jogighopa Act and the concept of “reasonable time” for appeals when no specific limitation is prescribed. CASE TYPE: Civil Law, specifically concerning statutory interpretation and limitation periods.
Supreme Court Clarifies Maintainability of Revision Petition against Order IX Rule 13 CPC: The Koushik Mutually Aided Cooperative Housing Society vs. Ameena Begum (2023) INSC 1065 Date of the Judgment: 01 December 2023 Citation: 2023 INSC 1065 Judges: Justice B.V. Nagarathna and Justice Ujjal Bhuyan Can a revision petition be filed before the High Court
Supreme Court Upholds Separate Suit for Damages After Possession Decree: Bharat Petroleum vs. ATM Constructions (2023) LEGAL ISSUE: Whether a separate suit for damages for use and occupation of property is maintainable after a decree for possession has been obtained in an earlier suit. CASE TYPE: Civil Law, Property Law Case Name: M/s Bharat Petroleum
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 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
