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Supreme Court Upholds Auction Purchaser's Right to Confirmation of Sale in Execution Proceedings Despite Setting Aside of Ex Parte Decree Before Confirmation. Mandatory Confirmation Under Order XXI Rule 92 CPC Applies When No Application Under Rules 89-91 Is Made, and Reversal of Decree Before Confirmation Does Not Bar Confirmation Absent Exceptional Circumstances....

The dispute arose from execution of an ex parte money decree obtained by Swaran Singh against Gurdial Singh for Rs. 519. In execution, a house belonging to the judgment-debtor was attached and sold by...

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Supreme Court Upholds Auction Purchaser's Right to Confirmation of Sale Despite Setting Aside of Ex Parte Decree. Order XXI Rule 92 CPC Mandates Confirmation When No Application to Set Aside Sale Under Rules 89-91 Was Made, and Title Vests Retrospectively from Date of Sale Under Section 65....

The Supreme Court of India considered a civil appeal arising from execution proceedings. The appellant, an auction purchaser who was a stranger to the original suit, purchased immovable property belon...

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Supreme Court Allows Appeal by Mortgagee in Bihar Land Reforms Act Case, Holding No Election of Remedies for Non-Vested Properties. Court Rules That Filing a Claim Under Section 14 for Vested Estates Does Not Bar Mortgagee from Pursuing Ordinary Law Remedies for Properties Outside the Act, and Withdrawal of Claim Should Have Been Permitted....

Background: The litigation arose from a usufructuary mortgage executed by the respondents in favor of the appellant on 18 November 1925 for Rs 84,000, comprising five items of milkiat properties, a th...

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Supreme Court Dismisses Appeals by Government Surveyors Seeking Retrospective Promotion Benefits and Seniority Parity. Ad Hoc Concessions to Other Batches Did Not Create Enforceable Right to Mandamus Under Article 226 of Constitution of India, 1950, and Claim Was Barred by Laches....

The dispute arose in the State of Mysore, where engineering graduates were employed as surveyors and promoted to the cadre of Assistant Engineers when posted as officers in charge of sub-divisions. Th...

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Supreme Court Allows Mortgagee to Withdraw Claim Under Bihar Land Reforms Act in Respect of Non-Vested Properties and Pursue Ordinary Remedies. Claim Under Section 14 of Bihar Land Reforms Act, 1950 Does Not Constitute Final Election of Remedies, as Act Only Governs Claims Relating to Estates Vested in State....

This civil appeal by special leave arose from a judgment and order of a single Judge of the Patna High Court constituted as the Board under Section 18(1) of the Bihar Land Reforms Act, 1950, in Claim ...

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Supreme Court Dismisses Appeals Seeking Writ of Mandamus for Retrospective Promotion and Seniority Benefits in State Service Due to Absence of Legal Right and Laches. Ad Hoc Concessions to Earlier and Later Batches Cannot Ground Mandamus Under Article 226 of Constitution of India, 1950, as No Service Rule Was Transgressed....

These two civil appeals by special leave arose from a common judgment and order of the Mysore High Court dismissing writ petitions filed by 43 surveyors in the Public Works Department of the former St...

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Supreme Court Allows Appeal and Sets Aside Ejectment in East Punjab Urban Rent Restriction Act Dispute. Landlord Who Required Rented Land for Residential Construction Held Not Entitled to Eject Tenant Because Section 13(3)(a)(ii) of East Punjab Urban Rent Restriction Act, 1949 Permits Eviction Only When Land Is Needed for Business or Trade....

The dispute concerned the interpretation of Section 13(3)(a)(ii) of the East Punjab Urban Rent Restriction Act, 1949, in relation to ejectment of a tenant from rented land. The appellant was the tenan...

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Supreme Court Upholds Foreclosure Decree in Mortgage Suit; Pendente Lite Auction Purchaser Bound by Lis Pendens. Correction of Preliminary Decree from Sale to Foreclosure Under Sections 151 and 152 CPC Was Within Trial Court's Inherent Power and Not a Wrong Decision....

The dispute arose from a mortgage by conditional sale executed on June 2, 1933 by Sambhu Charan Das and Sannyashi Charan Das in favour of Panchu Gopal Srimani, then a minor, to secure repayment of Rs....

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Supreme Court Upholds Seniority List of Assistant Controllers in Import-Export Organisation Under Articles 14 and 16. Rotational Quota of 75:25 Between Direct Recruits and Departmental Promotees Held Constitutionally Valid....

The dispute arose from the seniority list prepared by the Government of India on 30 November 1961 for Assistant Controllers in the Import and Export organisation. The petitioners were departmental pro...