Civil Procedure Code, 1908 – Section 96 – Appeal from original decree -The core issue revolves around the validity of the agreement and the Arbitrator’s award, given that the original ex-parte decree in favor of the plaintiff was set aside and the suit was to proceed from the stage of the State filing its written statement – The Supreme Court allowed the appeal, set aside the High Court’s order, and directed the Trial Court to proceed with the suit on merits based on evidence – The Court reasoned that the agreement dated 30.07.1991 lost its credibility as the basis of the agreement, the ex-parte decree, was set aside, and the suit was to be continued from a specific stage.
(2024) INSC 315 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH — Appellant Vs. SATISH JAIN (DEAD) BY LRS AND OTHERS — Respondent ( Before : Vikram…
Easements Act, 1882 – Sections 4, 13 and 15 – Easements of necessity and quasi-easements – The court reasons that the Appellant ‘s failed to prove uninterrupted use of the road for over 20 years and that there is an alternative way to access their land – The court examines the Indian Easements Act, 1882, and relevant case law to determine the absence of easementary rights by prescription, necessity, or agreement – The court concludes that the Appellant ‘s have not acquired any easementary rights over the disputed road and upholds the decisions of the appellate courts and the High Court.
SUPREME COURT OF INDIA DIVISION BENCH MANISHA MAHENDRA GALA AND OTHERS — Appellant Vs. SHALINI BHAGWAN AVATRAMANI AND OTHERS — Respondent ( Before : Pankaj Mithal and Prashant Kumar Mishra,…
Civil Procedure Code, 1908 – Sections 10, 16 and 20 – Suits to be instituted where subject-matter situate – The court refers to Section 16 and Section 20 of the CPC, emphasizing that suits related to immovable property should be instituted where the property is located – The court analyzes the provisions of the CPC and prior case law to determine jurisdiction and the applicability of Section 10 of the CPC – The court dismisses the petitioner’s transfer petition and allows the respondent’s petition, ordering the transfer of the petitioner’s suit to Sehore, Madhya Pradesh.
SUPREME COURT OF INDIA DIVISION BENCH M/S ACME PAPERS LTD. AND OTHERS — Appellant Vs. M/S. CHINTAMAN DEVELOPERS PVT. LTD. AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and…
The court dismissed the appeal and held that the filing of the suit for asserting the rights of the plaintiffs/respondents did not amount to contempt of court – The court distinguished the case of Skipper Construction and observed that the facts were totally different – The court also stated that its observations were only restricted to the maintainability of the contempt proceedings and would have no bearing on the merits of the suit.
SUPREME COURT OF INDIA FULL BENCH M/S SHAH ENTERPRISES THR. PADMABEN MANSUKHBHAI MODI — Appellant Vs. VAIJAYANTIBEN RANJITSINGH SAWANT AND OTHERS — Respondent ( Before : B.R. Gavai, Rajesh Bindal…
Suit for Partition – The supreme court reversed the high court’s decision regarding two properties, and upheld the sale of one property by defendant no. 7 to defendant no. 9 – The Supreme court relied on the 1984 partition deed and the evidence on record.
SUPREME COURT OF INDIA DIVISION BENCH SRINIVAS RAGHAVENDRARAO DESAI (DEAD) BY LRS. — Appellant Vs. V. KUMAR VAMANRAO @ ALOK AND OTHERS — Respondent ( Before : C.T. Ravikumar and…
Holding that the respondents did not prove the contents of the lease deed by summoning the record from the Gram Panchayat, and that the suit for injunction was not maintainable without proving the title or legality of possession of the land.
SUPREME COURT OF INDIA DIVISION BENCH THE TEHSILDAR, URBAN IMPROVEMENT TRUST AND ANOTHER — Appellant Vs. GANGA BAI MENARIYA (DEAD) THROUGH LRS. AND OTHER — Respondent ( Before : Vikram…
Civil Procedure Code, 1908 (CPC) – Order 8 Rule 10 – Failure to file written statement – Provision of Rule 10 of Order VIII, CPC is by no means mandatory in the sense that a court has no alternative but to pass a judgment in favour of the plaintiff – Since facts are required to be pleaded in a plaint and not the evidence, which can be adduced in course of examination of witnesses, mere failure or neglect of a defendant to file a written statement controverting the pleaded facts in the plaint, in all cases, may not entitle him to a judgment in his favour unless by adducing evidence he proves his case/claim.
SUPREME COURT OF INDIA FULL BENCH ASMA LATEEF AND ANOTHER — Appellant Vs. SHABBIR AHMAD AND OTHERS — Respondent ( Before : B.R. Gavai, Dipankar Datta and Aravind Kumar, JJ.…
Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13
“When an application or petition filed under Order IX Rule 13 CPC is dismissed, the defendant can avail a remedy by preferring an appeal in terms of Order XLIII Rule…
Documents Can Be Produced During Cross-Examination In Civil Trial To Confront Party To Suit Or Witness
The freedom to produce documents for either of the two purposes i.e. cross examination of witnesses and/or refreshing the memory would serve its purposes for parties to the suit as…