Code of Civil Procedure

Supreme Court clarifies execution of arbitration award for land price fixation: Rajasthan Udyog vs. Hindustan Engineering (2020) INSC 257

/ Arbitration Act, 1940 with Section 17, Arbitration Award Execution, Arbitration Law, Code of Civil Procedure, Code of Civil Procedure with Order XXIII Rule 1, Contract Law, Indian Contract Act, 1872 with Section 23, Judges, Specific Performance, Uday Umesh Lalit, Vineet Saran

Supreme Court clarifies execution of arbitration award for land price fixation: Rajasthan Udyog vs. Hindustan Engineering (2020) INSC 257 LEGAL ISSUE: Whether an arbitration award that determines compensation for land under an agreement for sale can be executed as a suit for specific performance when the arbitration was only for price fixation. CASE TYPE: Arbitration […]

Supreme Court clarifies execution of arbitration award for land price fixation: Rajasthan Udyog vs. Hindustan Engineering (2020) INSC 257 Read Post »

Supreme Court Upholds DRT Decree, Dismisses Civil Suits Challenging it: Canara Bank vs. P. Selathal (2020)

/ Code of Civil Procedure, Debt Recovery Tribunal, Indira Banerjee, Judges, M.R. Shah, Order 7 Rule 11, Code of Civil Procedure, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 18, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 20, Uday Umesh Lalit

Supreme Court Upholds DRT Decree, Dismisses Civil Suits Challenging it: Canara Bank vs. P. Selathal (2020) LEGAL ISSUE: Jurisdiction of Civil Courts to challenge orders of Debt Recovery Tribunal (DRT). CASE TYPE: Debt Recovery/Civil. Case Name: Canara Bank vs. P. Selathal and others. Judgment Date: 28 February 2020 Date of the Judgment: 28 February 2020

Supreme Court Upholds DRT Decree, Dismisses Civil Suits Challenging it: Canara Bank vs. P. Selathal (2020) Read Post »

Supreme Court Sets Aside Injunction in Land Sale Dispute: Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP (2020)

/ Ashok Bhushan, Code of Civil Procedure, Judges, Navin Sinha, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 36, Specific Relief Act, 1963 with Section 37

Supreme Court Sets Aside Injunction in Land Sale Dispute: Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP (2020) LEGAL ISSUE: Whether a temporary injunction should be granted in a suit for specific performance of a contract for sale of land, especially when there is a delay in filing the suit and third-party rights have been

Supreme Court Sets Aside Injunction in Land Sale Dispute: Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP (2020) Read Post »

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019)

/ A.S. Bopanna, Code of Civil Procedure, Code of Civil Procedure with Section 100, Customary Divorce, Judges, Jurisdiction of Civil Courts, Land Ceiling, M.R. Shah, Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 with Section 46, Second Appeal

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019) LEGAL ISSUE: Whether a customary divorce was valid, and if so, whether land owned by the divorced wife should be included in the husband’s land holdings under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. CASE TYPE: Land Ceiling/Civil Case

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019) Read Post »

Supreme Court Upholds Review of Order in Property Dispute Case: Sunil Vasudeva vs. Sundar Gupta (2 July 2019)

/ A.M. Khanwilkar, Ajay Rastogi, Code of Civil Procedure, Code of Civil Procedure (CPC) with Order 47 Rule 1, Constitutional Law, Constitutional Law with Article 226, Income Tax Act, 1961, Income Tax Act, 1961 with Section 293, Judges

Supreme Court Upholds Review of Order in Property Dispute Case: Sunil Vasudeva vs. Sundar Gupta (2019) LEGAL ISSUE: Whether the High Court was justified in reviewing its earlier order to restore a writ petition concerning a property sale. CASE TYPE: Civil, Property Dispute Case Name: Sunil Vasudeva & Ors. vs. Sundar Gupta & Ors. Judgment

Supreme Court Upholds Review of Order in Property Dispute Case: Sunil Vasudeva vs. Sundar Gupta (2 July 2019) Read Post »

Maintainability of Revision Petition in Execution Proceedings: Supreme Court clarifies under Consumer Protection Act (2019)

/ Code of Civil Procedure, Code of Civil Procedure with Order 45, Consumer Disputes, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 21, Consumer Protection Act, 1986 with Section 25, Execution of Decrees, Indu Malhotra, Judges, Uday Umesh Lalit

Supreme Court clarifies maintainability of revision petition in execution proceedings under Consumer Protection Act LEGAL ISSUE: Whether a revision petition is maintainable before the National Consumer Disputes Redressal Commission against an order passed by the State Commission in an appeal arising out of execution proceedings. CASE TYPE: Consumer Law Case Name: Karnataka Housing Board vs.

Maintainability of Revision Petition in Execution Proceedings: Supreme Court clarifies under Consumer Protection Act (2019) Read Post »

Supreme Court clarifies daughters’ inheritance rights after family partition: Shailndra Kumar Jain vs. Maya Prakash Jain (2019)

/ Class I Heirs, Code of Civil Procedure, Code of Civil Procedure with Order 1 Rule 10, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 6, Indu Malhotra, Inheritance Rights of Daughters, Judges, Uday Umesh Lalit

Supreme Court clarifies daughters’ inheritance rights after family partition: Shailndra Kumar Jain vs. Maya Prakash Jain (2019) LEGAL ISSUE: Whether daughters are necessary parties in a suit concerning the partition of ancestral property, particularly when a prior partition had occurred among male family members. CASE TYPE: Civil Law, Property Law, Inheritance Law. Case Name: Shailndra

Supreme Court clarifies daughters’ inheritance rights after family partition: Shailndra Kumar Jain vs. Maya Prakash Jain (2019) Read Post »

Supreme Court allows appeal against rejection of plaint under Benami Act: Pawan Kumar vs. Babulal (2019) INSC 268

/ Benami Transaction (Prohibition) Act, 1988 with Section 4, Benami Transactions (Prohibition) Act, 1988, Code of Civil Procedure, Fiduciary Capacity, Indu Malhotra, Judges, Order VII Rule 11, Code of Civil Procedure, Rejection of Plaint, Uday Umesh Lalit

Supreme Court allows appeal against rejection of plaint under Benami Act: Pawan Kumar vs. Babulal (2019) INSC 268 Date of the Judgment: April 02, 2019 Citation: 2019 INSC 268 Judges: Uday Umesh Lalit, J., Indu Malhotra, J. Can a plaint be rejected under Order VII Rule 11 of the Code of Civil Procedure (CPC) if

Supreme Court allows appeal against rejection of plaint under Benami Act: Pawan Kumar vs. Babulal (2019) INSC 268 Read Post »

Supreme Court Restores First Appellate Court’s Decision on Will Validity: Gurnam Singh vs. Lehna Singh (2019)

/ Code of Civil Procedure, Code of Civil Procedure with Section 100, Judges, L. Nageswara Rao, M.R. Shah

Supreme Court Restores First Appellate Court’s Decision on Will Validity: Gurnam Singh vs. Lehna Singh (2019) Date of the Judgment: March 13, 2019 Citation: (2019) INSC 221 Judges: L. Nageswara Rao, J., M.R. Shah, J. Can a High Court re-evaluate evidence in a second appeal, or is it bound by the findings of the first

Supreme Court Restores First Appellate Court’s Decision on Will Validity: Gurnam Singh vs. Lehna Singh (2019) Read Post »

Supreme Court Upholds Gift Deed Validity: Jagdish Chander vs. Satish Chander (27 February 2019)

/ Code of Civil Procedure, Code of Civil Procedure with Section 100, Gifts, Judges, R. Banumathi, R. Subhash Reddy, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 122

Supreme Court Upholds Gift Deed Validity: Jagdish Chander vs. Satish Chander (2019) LEGAL ISSUE: Whether a registered gift deed can be invalidated on the grounds of alleged consideration, when the document itself indicates that the mentioned amount is for valuation purposes only. CASE TYPE: Civil Law – Property Dispute Case Name: Jagdish Chander vs. Satish

Supreme Court Upholds Gift Deed Validity: Jagdish Chander vs. Satish Chander (27 February 2019) Read Post »

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, Code of Civil Procedure with Forms 47 and 48, Indu Malhotra, Judges, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Specific Relief Act, 1963 with Section 20

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019) LEGAL ISSUE: Whether the plaintiff was ready and willing to perform his part of the contract for specific performance. CASE TYPE: Civil – Specific Performance of Contract Case Name: Kamal Kumar vs. Premlata Joshi & Ors. Judgment Date: January 07, 2019

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019) Read Post »

Supreme Court Upholds Electricity Project, Vacates Status Quo in Land Dispute: State of Jharkhand vs. Surendra Kumar Srivastava (2019)

/ Ashok Bhushan, Code of Civil Procedure, Code of Civil Procedure with Order XXXIX Rules 1 and 2, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Electricity Act, 2003, Electricity Act, 2003 with Section 67, Indu Malhotra, Judges

Supreme Court Upholds Electricity Project, Vacates Status Quo in Land Dispute: State of Jharkhand vs. Surendra Kumar Srivastava (2019) LEGAL ISSUE: Whether a High Court can order a status quo on construction of an electricity sub-station when the plaintiffs have failed to establish a prima facie case of title or possession over the disputed land.

Supreme Court Upholds Electricity Project, Vacates Status Quo in Land Dispute: State of Jharkhand vs. Surendra Kumar Srivastava (2019) Read Post »

Scroll to Top