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Civil Suit for Declaration of Title and Possession — Res Judicata, Limitation, and Representative Suit Discussed — Supreme Court Set Aside High Court’s Decree and Dismissed the Suit.

A suit filed in a representative capacity cannot override the conclusive effect of a decree already attained finality, and res judicata shall bar any ...

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Supreme Court Dismissed Habeas Corpus Petition as Infructuous—Claim of Defamation by Petitioner Held Misconceived. Habeas Corpus—Police Statement on Divorce Decree—Alleged Defamation—No Basis Found

The Supreme Court dismissed the petition. Habeas Corpus petition becomes infructuous once the detenue is located—further inquiry is unnecessary. (Pa...

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Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed triable issues regarding mortgage, power of attorney revocation, and jurisdiction, and could not be rejected at the threshold.

The appellant, Vinod Infra Developers Ltd., claimed ownership of agricultural land in Jodhpur and alleged that it had borrowed Rs. 7.5 crores from res...

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"Supreme Court Upholds Restoration of Suit for Specific Performance Despite Initial Procedural Dismissal: Cause of Action Distinction Under Order II Rule 2 CPC Clarified" "Procedural bars must yield to substantive justice when causes of action in separate suits are distinct."

1. Delay Condonation and Leave Granted The Supreme Court condoned the delay in filing the Special Leave Petitions (SLPs) and granted leave to appea...

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Amendment in Civil Suit Permissible Due to Continuous Cause of Action, Even Without Section 80 Notice – Supreme Court.

The Supreme Court upheld the High Court's decision permitting the amendment, observing: The debarment orders stemmed from a continuous chain of eve...

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Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...

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Supreme Court Allows Quashing of DV Act Proceedings Under Section 482 CrPC — Inherent Jurisdiction Available Despite Civil Nature of Reliefs. High Court Erred in Holding That Proceedings Under DV Act Cannot Be Quashed Under Section 482 CrPC Because They Are Civil in Nature.

The Supreme Court considered two appeals arising from a common order of the High Court of Madhya Pradesh, which had dismissed petitions under Section ...

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Post-Award Interest in Arbitration: Supreme Court Clarifies Computation. Determining if post-award interest applies to principal only or includes pre-award interest.

This case revolves around the North Delhi Municipal Corporation v. M/S S.A. Builders Ltd., in which the key issue pertains to post-award interest unde...