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Supreme Court Allows Appeal by Decree Holder in Specific Performance Suit — Compromise Decree Held Executable Despite Alleged Lack of Court Verification. Executing Court Cannot Go Behind Decree Under Section 47 CPC Unless Decree is a Nullity on Face of Record.

The Supreme Court allowed the appeal filed by the decree holder (Rehan Ahmad) against the judgment of the Rajasthan High Court, which had set aside th...

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Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

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Bombay High Court Allows Summary Judgment in Favor of Negotiating Bank in Letter of Credit Dispute. Issuing Bank's Acceptance of Documents Under Irrevocable LC Is Final and Cannot Be Revoked Based on Allegations of Forgery Without Evidence.

The plaintiff, Malayan Banking Berhad, a Malaysian bank, filed a summary suit against Indusind Bank Limited, an Indian bank, claiming Rs. 3,47,87,865....

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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High Court of Karnataka Allows Appeal in Injunction Suit, Remands Case for Fresh Consideration on Possession and Title. Trial court's dismissal of suit and decree of counter claim set aside due to improper appreciation of evidence.

The appellant, P V Kamesh Kumar, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...