Grant of perpetual injunction
(1996) 2 AD 380 : (1996) 3 JT 35 : (1996) 2 SCALE 213 : (1996) 2 SCALE 21 : (1996) 7 SCC 531 : (1996) 2 SCR 255…
Decree—Execution of—Property situated outside the territorial jurisdiction of the Court which passed the decree—Decree passed to the Court having jurisdiction over the property.
2007(2) LAW HERALD (SC) 1674 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2078 of…
Notice—Send by post—Returned unserved on refusal—Defendant on oath stated he did not received the notice—The same would prevail, unless the postman was examined.
2007(2) LAW HERALD (SC) 1641 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 5130 of…
Return of Plaint—Territorial Jurisdiction—When suit comes within the purview of section 16(b) and (d) of the code—Section 20 of the code cannot have application.
2007(2) LAW HERALD (SC) 1610 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 1921 of…
Amendment of Pleadings—Courts should be liberal in allowing amendments of pleadings unless serious injustice or irreparable loss is caused to the other side.
2007(2) LAW HERALD (SC) 1594 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.V. Raveendaran Civil Appeal No. 2019 of…
Withdrawal of Suit–Prayer for withdrawal of appeal reserving right to agitate the grievance before appropriate forum refused—Appellant could not have been placed in a worse position—Parties were relegated to the same position to which they had been viz when the Ld. Single Judge dismissed the writ petition.
2007(2) LAW HERALD (SC) 1567 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 1818…
Second Appeal—Ordinarily unless there exists a sufficient and cogent reasons, the findings of fact arrived at by the Courts below are binding on the High Court.
2007(2) LAW HERALD (SC) 1442 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 4409…
Amendment of pleadings—Delay of—First of all there had to be bonafides on the part of the plaintiff and reasonable explanation for the delay.
2007(2) LAW HERALD (SC) 1399 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 1700 of…
Portuguese Civil Procedure Code (CPC) – Article 515, 516 – Possession of the property – The predecessors of the respondents filed a Civil Suit in the Court of Civil Judge for declaration that they are the owners and possessors of the disputed properties –
(1997) 3 JT 651 : (1997) 3 SCALE 31 : (1997) 9 SCC 279 : (1997) 2 SCR 1075 SUPREME COURT OF INDIA KASHINATH S. BANDEKAR AND OTHERS —…
Second Appeal–Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion.
2007(2) LAW HERALD (SC) 1377 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…