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Supreme Court

Supreme Court Upholds Setting Aside of Ex Parte Preliminary Decree in Redemption Suit — Order 9 Rule 13 CPC Maintainable. The court held that a decree passed after defendants were proceeded ex parte under Order 9 Rule 6(1)(a) and the court proceeded under Order 17 Rule 2 (Explanation) is an ex parte decree amenable to Order 9 Rule 13 CPC.

1 Feb 2019

The original appellant, G. Ratna Raj (since deceased, represented by legal representatives), filed a civil suit (C.S. No. 131/1999) in the High Court ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

1 Feb 2019

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

Supreme Court

Supreme Court Allows Municipal Corporation's Appeal Against High Court's Directions to Allot Stalls to Unauthorized Occupiers. Held that Section 314 of the Mumbai Municipal Corporation Act, 1888 empowers removal without notice of structures erected contrary to Section 312, and the High Court erred in granting relief to writ petitioners who had no legal right to occupy public land.

1 Feb 2019

The case involves appeals by the Municipal Corporation of Greater Mumbai against a Bombay High Court judgment that allowed writ petitions filed by six...

Supreme Court

Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

31 Jan 2019

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

Supreme Court

Supreme Court Allows Appeal and Remands Second Appeal to High Court for Framing Substantial Questions of Law in Specific Performance Suit. Interpretation of Agreement Clauses Constitutes Substantial Question of Law Under Section 100 CPC.

31 Jan 2019

The appellant-plaintiff filed a civil suit for specific performance of contract based on an agreement dated 08.08.1984. The Trial Court decreed the su...

Supreme Court

Supreme Court Dismisses Cooperative Society's Appeals Challenging Sale Deeds Executed in Favor of Members. Arbitrator under Delhi Cooperative Societies Act lacks jurisdiction to adjudicate validity of registered sale deeds, which can only be challenged before civil court.

30 Jan 2019

The Supreme Court dismissed the appeals filed by Delhi Dayalbagh Cooperative House Building Society Ltd. against the orders of the Delhi High Court, w...

Supreme Court

Supreme Court Allows Appeal in Civil Jurisdiction Dispute — Holds Civil Court Has Jurisdiction to Declare Gift Deed Void Despite Revenue Proceedings Under Rajasthan Tenancy Act, 1955. The Court set aside the High Court's order rejecting the plaint and remanded the matter for determination of jurisdiction after framing preliminary issues and recording evidence.

29 Jan 2019

The appellant, Pyarelal, filed a civil suit seeking a declaration that a gift deed dated 10 February 2011 was void to the extent of his share in agric...

Supreme Court

Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

28 Jan 2019

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

Supreme Court

Supreme Court Allows Appeals in Part, Holds Interest on Delayed Payments Act, 1993 Applicable to Contracts Entered Before Its Commencement for Delays Occurring After 23.09.1992. The Court ruled that the Act is retroactive and applies to all payments made after its commencement, and that a suit for interest alone is maintainable.

23 Jan 2019

The Supreme Court considered appeals arising from a common judgment of the Gauhati High Court which had set aside trial court decrees in favor of supp...

Supreme Court

Supreme Court Allows Appeal of Partially Blind Candidate for Civil Judge Post — Condition of 40%-50% Disability Held Invalid Under Persons with Disabilities Act, 1995. The Court held that restriction on disability percentage for identified posts must be based on expert committee determination, not arbitrary government decision.

22 Jan 2019

The appellant, a practicing advocate with 70% visual impairment, applied for the post of Civil Judge (Junior Division) in Tamil Nadu pursuant to a not...

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