CIVIL
Estoppel – Sale of House – Once the plaintiff has sold the house with a passage he can not stop the defendant from using the same as a joint passage
Sale of House – Once the plaintiff has sold the house in question to the defendant, while projecting that the...
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Specific Relief Act Section 28(1) – Whether failure of the decree-holder in a suit for specific performance to make the requisite deposit within the specified time, will permit the decree-holder to execute the decree in the absence of extension of time?
Specific Relief Act Section 28(1) - Whether failure of the decree-holder in a suit for specific performance to make...
Read morePanchayat – Creation of a Gram Sabha area – Delimitation
wherein establishment of common Gram Sabha was under challenge and the Supreme Court held that the Court cannot substitute the...
Read moreCPC O. 41 R. 31, S. 96 – High Court has neither re- appreciated the entire evidence on record nor has given any specific findings on the issues which were even raised before the learned Trial Court – High Court has failed to exercise the jurisdiction vested in it as a First Appellate Court;
Civil Procedure Code, 1908 (V of 1908) Order XLI Rule 31, S. 96 – First Appeal - High Court has...
Read moreLand Acquisition Act, 1894 – Solatium and Deduction – Deduction of 50% as development charges – Set aside
Land Acquisition Act, 1894 - Solatium and Deduction - Deduction of 50% as development charges – Set aside - Possession...
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CPC O. 39, R. 2-A – Sale of share out of the joint khata – not a violation of an interim order of injunction
CPC O. 39, R. 2-A – Sale of share out of the joint khata - Which has never been partitioned...
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Land Acquisition Act S. 4(1) , 17(1) – Market value – Is the price that a willing purchaser would pay to a willing seller for it.
Land Acquisition Act, 1894 , S. 4(1) read with S. 17(1) - Market value - Bare perusal of the aforesaid...
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Adverse possession – Not available if such possession was neither exclusive nor hostile and nor it was to the knowledge of the parties for want of actual measurements.
Adverse possession - Plaintiff filed a suit in the year 1992 against the defendants for declaration and injunction and in...
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CPC O. 6 R. 17 – every passing moment may give a fresh cause of action to a party to institute a suit for permanent injunction
Mr. Abdul Shehbaz Thind, for the petitioner. Mr. Sham Lal Bhalla, for the respondents Civil Procedure Code, 1908 (V of...
Read moreCPC O. 7 R. 10 – Application under Order 7 Rule 10 CPC should not be kept pending till decision on application under Order 32 Rule 15 CPC
Civil Procedure Code, 1908 (V of 1908) Order 7 Rule 10 – Plea that the application under Order 7 Rule...
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Land Acquisition – Stay orders – Effect of – After announcing the award, possession of the land has been taken and handed over to the beneficiary Department i.e. HUDA on the day of the award except the land for which the orders of stay, status quo and stay of dispossession have been passed by the competent Court
Mr. S.S. Dinarpur, for petitioner(s) Mr. Ankur Mittal, Addl. A.G., HY. assisted by Ms. Kushaldeep Kaur. Right to Fair...
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CPC O. 39 R. 1 – Co-sharers – Mere raising of construction on joint property by one of the co-sharers cannot be termed to be an act of ouster of other co-sharers – Status quo, vacated
Mr. Sandeep Yadav, for the petitioner. Ms. Sehaj Sandhawalia, for Resps Civil Procedure Code 1908 (V of 1908) Section 151...
Read moreCPC O. 6 R. 17 – The admission, as such, which was made regarding the relationship was, thus, sought to be withdrawn by way of proposed amendment and a totally new and inconsistent case is sought to be set up and would cause serious prejudice to the plaintiffs and alter the character of action – Not permissible
Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 – In the written statement filed, it was admitted...
Read more![[SC] Bona fide need – Act of reletting the accommodation after getting it vacated for personal need in the year 1980 cannot defeat the bona fide need of the landlord for the year 1987](https://supremecourtonline.in/wp-content/uploads/2022/04/pexels-photo-5987164-350x250.jpeg)
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 S. 43-A – Power to correct an accidental slip or omission at any time on its own motion – Audi alteram partem has to be followed.
Mr. Vikram Singh, for the petitioners. Ms. Rajni Gupta, Addl. A.G. Haryana, for State East Punjab Holdings (Consolidation and Prevention...
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Limitation Act S. 5, 14 – Acceptance of explanation furnished should be the rule and refusal an exception, when no negligence or inaction or want of bona fides can be imputed to the defaulting party
Limitation Act, 1963 (36 of 1963), Section 5, 14 - The condition precedent for condonation of the delay in filing...
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