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Supreme Court

Supreme Court Allows Wife's Appeal in Nullity of Marriage Case Under Special Marriage Act — Remands for Fresh Consideration of Section 24. Marriage Void if Prior Spouse Alive at Time of Marriage, Irrespective of Fraud or Limitation Under Section 25.

6 Mar 2019

The appellant-wife married the respondent-husband on 5 April 2010 under the Special Marriage Act, 1954. The marriage was inter-caste. The appellant al...

Supreme Court

Supreme Court Allows State's Appeal in Pension Entitlement Case - Resignation Forfeits Past Service Under Punjab Civil Services Rules. Rule 7.5(1) of Punjab Civil Services Rules disentitles a resigning employee to pension as past service stands forfeited.

1 Mar 2019

The respondent, Gurbaran Singh, was appointed as a pharmacist by the Director Health Services, Punjab on 05.09.1975 on a regular basis. During his ten...

Supreme Court

Supreme Court Allows Amendment of Plaint to Correct Mistake in Description of Plaintiff in Recovery Suit. Inadvertent Error in Naming Individual Instead of Company Held Curable Under Order 6 Rule 17 CPC.

1 Mar 2019

The appellant, Varun Pahwa, as Director of Siddharth Garments Pvt. Ltd., filed a suit for recovery of Rs. 25,00,000/- advanced as loan to the responde...

Supreme Court

Supreme Court Dismisses Appeal in Temple Dispute: Shri Ram Mandir Held to be Public Temple, Pujari Not Mahant. State's Management of Temple Properties Upheld as Deity is the True Owner.

27 Feb 2019

The Supreme Court dismissed the appeal filed by Shri Ram Mandir, Indore, represented by its alleged manager Ram Das, against the State of Madhya Prade...

Supreme Court

Supreme Court Allows Appeals in Urban Land Ceiling Case — Upholds Vesting of Land in State and Rejects Ownership Claim. The Court held that the plaintiffs failed to prove their title and that the suit was barred by res judicata and limitation.

26 Feb 2019

The case involves a dispute over land bearing No.73, Canal Circular Road, Calcutta, which was part of a larger parcel of land. The plaintiffs, claimin...

Supreme Court

Supreme Court Allows Appeal, Rejects Plaint in Gift Deed Challenge Due to Limitation Bar. Registered Gift Deed Executed in 1981 Challenged After 22 Years; Suit Held Barred by Article 59 of Limitation Act, 1963.

26 Feb 2019

The Supreme Court allowed the appeal filed by the original defendant, Raghwendra Sharan Singh, against the judgment of the Patna High Court which had ...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit — Time Was Essence of Contract and Plaintiffs Failed to Prove Readiness and Willingness. Limitation Period Under Article 54 of Limitation Act, 1963 Starts from Date Fixed for Performance; Extension Not Proven.

26 Feb 2019

The appeal arose from a suit for specific performance of an agreement to sell property at 82, Jor Bagh, New Delhi, dated 05.10.1974, between the plain...

Supreme Court

Supreme Court Upholds Reinstatement of Contract Workers in BHEL Case — Contract Labour Arrangement Held Sham Due to Direct Control and Supervision by Principal Employer. The Court affirmed that workmen performing identical duties under BHEL's supervision were entitled to reinstatement without backwages under the Uttar Pradesh Industrial Disputes Act, 1947.

20 Feb 2019

The case involves appeals by Bharat Heavy Electricals Ltd. (BHEL) against a judgment of the Uttarakhand High Court dismissing its writ petition challe...

Supreme Court

Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

15 Feb 2019

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit for Want of Proof of Readiness and Willingness. Plaintiff Failed to Aver and Prove Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

15 Feb 2019

The appellant, Mehboob-ur-Rehman (since deceased, represented by legal representatives), filed a suit for specific performance of an agreement to sell...

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