Supreme Court clarifies tariff determination in electricity sector: GRIDCO vs. WESCO & Ors. (2023) LEGAL ISSUE: The core legal issue revolves around the determination of tariffs for electricity supply, including the permissibility of passing on principal loan amounts in tariffs, treatment of revenue from power trading, and the locus standi of distribution companies (DISCOMS) to […]
Supreme Court Allows Delayed Written Statements in Commercial Suit: Aditya Khaitan vs. IL&FS (2023) LEGAL ISSUE: Whether the Supreme Court’s orders extending limitation during the COVID-19 pandemic apply to the period for filing written statements in commercial suits, even when the initial period had expired before the extension orders. CASE TYPE: Commercial Suit, Civil Procedure
Supreme Court Restricts Revisional Powers Against Rejection of Review on Appealable Decrees: Rahimal Bathu vs. Ashiyal Beevi (2023) INSC 861 (26 September 2023) LEGAL ISSUE: Whether a revision under Section 115 of the Code of Civil Procedure, 1908 (CPC) is maintainable against an order of a subordinate court rejecting on merits an application for review
Supreme Court Upholds Title Based on Registered Sale Deed: Appaiya vs. Andimuthu (2023) LEGAL ISSUE: Whether a certified copy of a registered sale deed can be admitted as evidence to prove the contents of the original document, and whether the High Court can overturn concurrent findings of fact by lower courts in a second appeal.
Supreme Court Remands Case on Court Fees and Suit Valuation: B.P. Naagar & Ors. vs. Raj Pal Sharma (2023) LEGAL ISSUE: Whether the suit was properly valued for court fees and jurisdiction, particularly concerning a non-party to a sale deed seeking its cancellation. CASE TYPE: Civil. Case Name: B.P. Naagar & Ors. vs. Raj Pal
Supreme Court Settles Land Rights Dispute: State of Orissa vs. Laxmi Narayan Das (2023) LEGAL ISSUE: Whether a writ petition is maintainable after a civil suit for the same relief has been withdrawn without permission to file a fresh suit, and the effect of delay in challenging land records. CASE TYPE: Civil Law, Land Rights
Supreme Court Settles Land Rights Dispute: State of Orissa vs. Laxmi Narayan Das (2023) Read Post »
Supreme Court Remands Land Acquisition Case for Fresh Adjudication: Dheeraj Singh vs. Greater Noida Industrial Development Authority (2023) LEGAL ISSUE: Whether the High Court erred in not considering the cross-objections filed by the appellants in a land acquisition case. CASE TYPE: Land Acquisition Case Name: Dheeraj Singh vs. Greater Noida Industrial Development Authority & Ors.
Supreme Court Dismisses Election Petition for Lack of Material Facts: Senthilbalaji vs. A.P. Geetha (2023) LEGAL ISSUE: Whether an election petition can be dismissed for failing to provide material facts regarding allegations of corrupt practices. CASE TYPE: Election Law Case Name: Senthilbalaji V. versus A.P. Geetha & Ors. Judgment Date: 19 May 2023 Date of
Supreme Court Upholds Mandatory Security Deposit for Setting Aside Ex-Parte Decrees in Small Causes Court Cases Date of the Judgment: 18 May 2023 Citation: (2023) INSC 478 Judges: K.M. Joseph, J., Hrishikesh Roy, J. Can an application to set aside an ex-parte decree be entertained if the applicant fails to deposit the decretal amount or
Supreme Court Upholds Mandatory Security Deposit for Setting Aside Ex-Parte Decree: Arti Dixit & Anr vs. Sushil Kumar Mishra & Ors (2023) LEGAL ISSUE: Whether an application to set aside an ex-parte decree in a Small Causes Court is maintainable if the applicant fails to deposit the decretal amount or furnish valid security at the
Supreme Court refers the issue of limitation for delivery of possession to a larger bench: Bhasker & Anr. vs. Ayodhya Jewellers (2023) LEGAL ISSUE: What is the correct starting point for calculating the limitation period for an application seeking delivery of possession of property purchased in a court auction? CASE TYPE: Civil Law, Execution of
Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023) LEGAL ISSUE: Whether a registered sale deed can be deemed a sham transaction and void based on claims of it being a collateral security for a loan, and the applicability of the Maharashtra Prevention of Fragmentation and Consolidation
