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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 Dismisses Appeal in Revenue Mutation Dispute — Mutation Entries Do Not Confer Title. The Court held that mutation entries in revenue records have no presumptive value on title and only enable payment of land revenue, affirming the High Court's dismissal of the writ petition.

31 Jan 2019

The dispute arose from entries made in revenue records concerning a piece of land. The appellant, Smt. Bhimabai Mahadeo Kambekar (since deceased, repr...

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 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 Dismisses Former Employee's Writ Petition Seeking CBI Investigation Against Company — No Fundamental Right Violation. Contractual Disputes Cannot Be Agitated Under Article 32; Suppression of Pending Civil Suits Leads to Dismissal.

25 Jan 2019

The petitioner, a former CEO of Respondent No.12 Company, filed a writ petition under Article 32 of the Constitution seeking a writ of mandamus direct...

Supreme Court

Supreme Court Allows Review and Recalls Sale Order in Execution Decree Case Due to Factual Error Regarding Payment. Contempt Petition Disposed with Compensation for Violating Interim Orders.

22 Jan 2019

The case originated from a money suit filed in 1955 by Hari Kishan Das (plaintiff) against M/s Diwan Kripa Ram Radha Kishan (defendant), resulting in ...

Supreme Court

Supreme Court Allows Restoration of Civil Suit Dismissed for Default — Appellant's Diligence in Pursuing Restoration Application Evident from Rojkam Order Sheet. The Court held that the Trial Court and High Court erred in dismissing the restoration application under Order IX, Rule 9 CPC, as the plaintiff demonstrated consistent presence and interest.

9 Jan 2019

The appellant-plaintiff filed Civil Suit No. 217 of 1994 for declaration and injunction regarding a plot of land. The suit was dismissed for default o...

Supreme Court

Supreme Court Allows Appeals Against Revocation of Patent for Bt Cotton Technology, Remands for Trial on Patent Validity and Infringement Issues. The Court held that patent validity under Section 3(j) of the Patents Act, 1970 cannot be summarily decided without trial and requires expert evidence.

8 Jan 2019

The Supreme Court heard a batch of appeals arising from a suit for permanent injunction filed by Monsanto Technology LLC and others (plaintiffs) again...

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