Supreme Court Clarifies Res Judicata in Eviction Cases: Prem Kishore vs. Brahm Prakash (2023) LEGAL ISSUE: Whether a second eviction petition is barred by res judicata when a prior petition was dismissed due to the landlord’s failure to prove the landlord-tenant relationship. CASE TYPE: Civil (Eviction under Delhi Rent Control Act, 1958) Case Name: Prem […]
Supreme Court Upholds Possessory Rights in Property Dispute: Shivshankara vs. Vedavyasa (2023) LEGAL ISSUE: Whether prior possession can be the basis of a claim for recovery of possession against a dispossessor who does not have a better title. CASE TYPE: Civil Property Dispute Case Name: Shivshankara & Anr. vs. H.P. Vedavyasa Char [Judgment Date]: March
Supreme Court Orders Restitution in Unitech Land Sale Case: Bhupinder Singh vs. Unitech Limited (2023) LEGAL ISSUE: Applicability of the principle of restitution in cases where a court order is found to be erroneous. CASE TYPE: Civil Appellate Jurisdiction Case Name: Bhupinder Singh vs. Unitech Limited Judgment Date: 23 March 2023 Date of the Judgment:
Supreme Court Allows Amendment of Pleadings in Mortgage Redemption Suit: Ganesh Prasad vs. Rajeshwar Prasad (2023) LEGAL ISSUE: Whether a plaintiff can amend their plaint to include alternative and potentially inconsistent pleas, particularly in a suit involving mortgage redemption and tenancy disputes. CASE TYPE: Civil (Mortgage Redemption, Tenancy Dispute) Case Name: Ganesh Prasad vs. Rajeshwar
Supreme Court Clarifies Inter-State Transfer Powers of Common High Courts: Shah Newaz Khan vs. State of Nagaland (2023) Date of the Judgment: 28 February 2023 Citation: 2023 INSC 145 Judges: Hrishikesh Roy, J., Dipankar Datta, J. Can a High Court that serves as a common court for multiple states transfer a civil case from one
Supreme Court Sets Aside Kerala High Court Order for Fresh Trial in Sale Deed Cancellation Case LEGAL ISSUE: Whether the High Court was justified in remanding a case for a fresh trial when the Trial Court had already made a decision based on the available evidence. CASE TYPE: Civil Law – Property Dispute Case Name:
Supreme Court Sets Aside Kerala High Court Order for Fresh Trial in Sale Deed Dispute: Sirajudheen vs. Zeenath (2023) LEGAL ISSUE: Whether the High Court was justified in remanding a case for a fresh trial when the existing evidence was sufficient for a decision. CASE TYPE: Civil Law – Property Dispute Case Name: Sirajudheen vs.
Supreme Court Limits Review Jurisdiction in Property Dispute: S. Murali Sundaram vs. Jothibai Kannan & Ors. (2023) LEGAL ISSUE: Scope of review jurisdiction under Order 47 Rule 1 of the Code of Civil Procedure, 1908. CASE TYPE: Civil Appellate Jurisdiction, Property Dispute Case Name: S. Murali Sundaram vs. Jothibai Kannan & Ors. [Judgment Date]: February
Supreme Court Overturns High Court’s Review Order on Property Dispute: S. Murali Sundaram vs. Jothibai Kannan (2023) LEGAL ISSUE: Scope of review jurisdiction under Order 47 Rule 1 of the Code of Civil Procedure, 1908. CASE TYPE: Civil Appellate Jurisdiction, Property Dispute. Case Name: S. Murali Sundaram vs. Jothibai Kannan & Ors. Judgment Date: 24
Supreme Court clarifies execution of decree in specific performance case: Sanwarlal Agrawal vs. Ashok Kumar Kothari (2023) LEGAL ISSUE: Whether an executing court can go beyond the decree and include aspects not explicitly mentioned in the decree based on pleadings and other documents. CASE TYPE: Civil, Specific Performance Case Name: Sanwarlal Agrawal & Ors. vs.
Supreme Court Allows Appeal Against Ex-Parte Decree in Rent Dispute: Shyam Kumar Gupta vs. Shubham Jain (2023) LEGAL ISSUE: Whether an ex-parte decree in a rent dispute should be set aside when the tenant has deposited the principal amount of rent and cost, but not the mesne profits, as required under Section 17 of the
Supreme Court Clarifies Interest Calculation on Decreed Amounts: Nepa Limited vs. Manoj Kumar Agrawal (2022) Date of the Judgment: 08 December 2022 Citation: [Not Available in Source] Judges: Sanjiv Khanna, J. and Sudhanshu Dhulia, J. Can interest be claimed on a decreed amount when a portion of it has already been paid and withdrawn by
