Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act  ||  Kerala HC: Showing or Waving Black Flag to a Person Cannot Amount to Defamation  ||  Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible  ||  Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification  ||  P&H HC: Provis. of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules are Unconstitutional  ||  Cal HC: High Time that Irretrievable Breakdown of Marriage be Read as Grounds of Desertion & Cruelty  ||  Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings  ||  SC: Absolute Ownership in Property as Per HSA Can’t be Claimed by Woman with Limited Interest  ||  SC: Can’t Forego Fundamental Requirements of Election of Society in Absence of Specific Provisions  ||  SC: Special Efforts Should be Made to Identify Women Prisoners Eligible for Release u/s 479 of BNSS    

Search Results for Tag : suit

International Cases

A person who suffers damage as a result of malicious prosecution of a civil suit against him is entitled to recover that damage(20.07.2016)

Principal issue in instant appeal is relating to prosecution of civil proceedings in tort of malicious prosecution. Instant appeal is from a decision .....

Tags : Malicious prosecution, Civil suit, Damages



A trustee is entitled to the benefit of the lapse of time when, although he had done something legally or technically wrong, he had done nothing morally wrong or dishonest(28.02.2018)

Present appeal raises a well-formulated issue as to the construction of Section 21 of the Limitation Act 1980, and a rather more diffuse question as t.....

Tags : Fraud, Summary judgment, Suitability



Statute

Delhi High Court (Amendment) Act, 2015(11.08.2015)

The Delhi High Court (Amendment) Act, 2015 became Act No. 23 of 2015. It amends the Delhi High Court Act, 1966, raising the value of suits in which th.....

Tags : delhi high court, district court, suit value



Notifications & Circulars

Central Government, hereby issues notification for the purposes of making available suitable vaccines to meet the requirements of emergency arising due to COVID-19(18.05.2020)

1.Whereas, the Central Government is satisfied that making available suitable vaccines is essential to meet the requirements of emergency arising due .....

Tags : Notification, Suitable vaccines, Emergency, COVID-19



NRDC Licenses NavRakshak PPE Suit Manufacturing Know-how to Five MSMEs Developed by Indian Navy(18.06.2020)

National Research Development Corporation (NRDC) has licensed the manufacturing know-how of a PPE Suit being named as NavRakshak to five MSME clients:.....

Tags : Licenses, PPE Suit, Know-how, MSMEs



News

Supreme Court: Suits with Basic Relief of Challenging Decree Passed by DRT Not Maintainable(02.03.2020)

Supreme Court has observed that the suits with the basic relief of challenging the decree passed by the Debts Recovery Tribunal (DRT) are not maintain.....

Tags : Supreme Court, Suits with Basic Relief



Madras HC Passes Interim Injunction to Restrain Filmmaker and Producer on Defamation Suit(21.01.2022)

Madras High Court has passed an interim injunction to restrain filmmaker and poet, Leena Manimekalai and film producer Susi Ganesan from going to the .....

Tags : Madras High Court, Filmmaker and Producer on Defamation Suit



Delhi HC Grants Interim Relief In Trademark & Copyright Infringement Suit Against Fake Kajaria Tiles(24.01.2022)

Delhi High Court has issued a temporary injunction under Order 39 of Code of Civil Procedure, 1908, restraining the Defendant from infringing the tile.....

Tags : Delhi High Court, Interim Relief In Trademark & Copyright Infringement Suit



Delhi High Court Proposes to Reduce Cost Imposed on Juhi Chawla in Suit Against 5G Rollout(25.01.2022)

Delhi High Court has proposed to reduce the cost of Rs. 20 Lakhs imposed on Bollywood actress and environmentalist Juhi Chawla and others while dismis.....

Tags : Delhi High Court, Suit Against 5G Rollout



Calcutta HC: Dictum Laid Down on Bifurcation of Subject-Matter in Suit Not Relevant Factor(27.01.2022)

Calcutta High Court has stated that the dictum of the Supreme Court as laid down in Sukanya Holdings (P) Ltd. v. Jayesh H. Pandya regarding non-permis.....

Tags : Calcutta High Court, Bifurcation of Subject-Matter in Suit



All. HC: Notice Given to Municipality Not Mandatory if it Will Defeat Purpose of Injunction Suit(05.02.2024)

Allahabad High Court has upheld rejection of an application under Order 7 Rule 11 of Code of Civil Procedure, 1908 on grounds that notice under Sectio.....

Tags : Allahabad High Court, Injunction Suit, Order 7 Rule 11 of CPC



SC: No Need to File Separate Final Decree Proceedings in Partition Suit(14.06.2022)

Supreme Court has directed the trial courts dealing with partition suits to proceed suo motu with the case soon after passing the preliminary decree.

Tags : Supreme Court, Partition Suits, Suo Moto



Kerala HC: Trial Court Bound to Adjudicate Suit Seeking Fixing of Property Boundaries(18.10.2021)

Kerala High Court has ruled that a trial court is bound to adjudicate upon a suit seeking fixing of the boundary of a plaintiff's property and give a .....

Tags : Kerala High Court, Suit Seeking Fixing of Property Boundaries



Suitability of Candidate can be Considered Even After Disclosure by Him of Pending Criminal Cases: SC(27.11.2018)

Supreme Court has observed that even after disclosure is made by a candidate about criminal cases pending against him, the employer would be well with.....

Tags : Supreme Court, Suitability of Candidate



Delhi HC: Affidavit for Admission/Denial of Documents in Commercial Suits Must Filed Within 45 Days(01.11.2019)

Delhi High Court has held that the maximum period for filing reapplication or affidavit for admission/denial of documents in commercial suit is 45 day.....

Tags : Delhi High Court, Commercial Suits



SC: Every Interested Party is a Plaintiff in Partition Suit(14.09.2023)

Supreme Court has held that in a suit for partition, every interested party is deemed to be a plaintiff. Law does not bar passing of numerous prelimin.....

Tags : Supreme Court, Partition Suit, Interested Party, Plaintiff



SC: Defendant in Eviction Suit Can't Enjoy Property During Pendency Without Depositing Rent(18.07.2022)

Supreme Court has held that a defendant cannot enjoy the property during pendency of suit without depositing the amount of rent/damages by merely deny.....

Tags : Supreme Court, Eviction Suit, Rent



Bombay HC Accepts Payal Ghosh’s Undertaking Tendering Unconditional Apology to Richa Chadha(14.10.2020)

Bombay High Court has accepted the undertaking submitted by actor, Payal Ghosh tendering unconditional apology to actor, Richa Chadha in the former's .....

Tags : Bombay High Court, Payal Ghosh Defamation Suit, Richa Chadha



CRIMINAL - “Sufficient Ground” for Withdrawal Of Suit in O 23 R 1(b) CPC Not Limited To Formal Defect: Orissa HC(19.03.2019)

Orissa HC while answering a reference arising out of conflicting judgments held that expression "sufficient grounds" occurring in Order 23, Rule 1(b) .....

Tags : Orissa HC, Withdrawal of Suit, CPC, Order 23 Rule 1(b)



CIVIL - “Sufficient Ground” for Withdrawal Of Suit in O 23 R 1(b) CPC Not Limited To Formal Defect: Orissa HC(19.03.2019)

Orissa HC while answering a reference arising out of conflicting judgments held that expression "sufficient grounds" occurring in Order 23, Rule 1(b) .....

Tags : Orissa HC, Withdrawal of Suit, CPC, Order 23 Rule 1(b)



SC: Suit Seeking Damages for Illegal Use of Property Maintainable After Filing Suit for Possession(04.12.2023)

Supreme Court has held that a suit for possession and suit for claiming damages for use and occupation of the property are two different causes of act.....

Tags : Supreme Court, Suit for possession



Calcutta High Court: Inconvenience of Wife Treated as Prime Consideration in Matrimonial Suit(16.01.2020)

Calcutta High Court has ruled that if a Transfer Petition under Section 24 of the Code of Civil Procedure, 1908 is sought by a wife during matrimonial.....

Tags : Calcutta High Court, Transfer Petition, Matrimonial Suit



Delhi HC Finalizes Draft Rules Governing Patent Suits & Intellectual Property Rights Division Rules(13.12.2021)

Delhi High Court has published the final drafts of High Court of Delhi Rules Governing Patent Suits, 2021 and Delhi High Court Intellectual Property R.....

Tags : Delhi High Court, Patent Suits & Intellectual Property Rights Division Rules



Delhi HC to Transfer Commercial Suits Valued at or Below Rs.2 Crores to District Courts(31.01.2019)

Delhi High Court has issued a circular to transfer all commercial suits valued at or below Rs. 2 crores pending before it to respective District Court.....

Tags : Delhi High Court, Commercial Suits



SC: Intra-Court Appeal Does Not Lie Against All Interim Orders in an Admiralty Suit(26.09.2022)

Supreme Court has held that an appeal does not lie to the Commercial Appellate Division of the High Court from an order of the Commercial Division (Si.....

Tags : Supreme Court, Admiralty Suit, Appeal



Del. HC: Issuance of Anti-Suit Injunction Possible if Foreign Proceedings Oppressive or Vexatious(04.01.2024)

Delhi High Court while observing that cases of injunction are governed by the doctrine of equity, has held that Indian Courts can issue anti-suit inju.....

Tags : Delhi High Court, Anti-Suit Injunction, Oppressive, Matrimonial



Bombay High Court: In Absence of Karta, Any Member of Family May Prosecute Suit(20.01.2020)

Bombay High Court has held that where a Karta has not been appointed, any member of the Hindu Undivided Family may represent the family in the capacit.....

Tags : Bombay High Court, Prosecution of Suit in Absence of Karta



SC: Mandatory Time Line for Filing Written Statement is Not Applicable to Non-Commercial Suits(21.01.2020)

Supreme Court has clarified that the mandatory time-line for filing written statement does not apply to non-commercial suits. The Court held that as r.....

Tags : Supreme Court, Timeline for Non- Commercial Suit



SC: Subsequent Purchaser Can Challenge Readiness of Plaintiff in Specific Performance Suit(22.02.2021)

Supreme Court has observed that subsequent purchaser of the suit property can challenge the readiness and willingness on part of the plaintiff in a sp.....

Tags : Supreme Court, Readiness of Plaintiff in Specific Performance Suit



Madras HC Refuses to IPS Officer Plea to Reject MS Dhoni’s Plaint in Civil Suit Seeking Damages(10.12.2021)

Madras High Court has refused to entertain an application filed by IPS officer G. Sampath Kumar to reject the plaint in a civil suit, preferred by cri.....

Tags : Madras High Court, Civil Suit Seeking Damages



Calcutta HC Transfers Abhishek Banerjee's Defamation Suit Against Suvendu Adhikari(03.12.2021)

Calcutta High Court has ordered the transfer of a defamation suit filed by Trinamool Congress (TMC) national general secretary Abhishek Banerjee again.....

Tags : Calcutta High Court, Defamation Suit Against Suvendu Adhikari



Delhi HC Imposes Costs for Filing of Frivolous Sexual Harassment Suit(12.03.2021)

Delhi High Court has imposed a cost of Rs.30,000 on the petitioners with a warning not to file false and frivolous cases, ruling that time has come to.....

Tags : Delhi High Court, Frivolous Suit



SC: Courts Can’t Grant Refund if it is Not Specifically Prayed for in Specific Performance Suit(15.12.2022)

Supreme Court has held that unless a plaintiff specifically seeks the refund of the earnest money at the time of filing of the suit or by way of amend.....

Tags : Supreme Court, Specific Performance Suit, Refund



Bombay HC: No Formula to Determine Period of Limitation for Filing Administration Suit(07.05.2018)

Bombay High Court while allowing a man to claim rights as a beneficiary to an estate under a will over three years after a parent's death has held tha.....

Tags : Bombay High Court, administration suit, limitation



Delhi HC: While Seeking Review of Orders Passed in Civil Suit, Grounds of Order XLVII to be Satisfied(18.02.2022)

Delhi High Court has observed that while seeking review of orders passed in a civil suit, the grounds mentioned in Order XLVII Rule 1 of the Code of C.....

Tags : Delhi High Court, Review of Orders Passed in Civil Suit



SC: Plaintiff in Partition Suit Not Disentitled to Seek Relief in Second Appeal(22.02.2022)

Supreme Court has observed that the plaintiff in a partition suit is not disentitled to seek relief in second appeal merely because his claim was deni.....

Tags : Supreme Court, Plaintiff in Partition Suit



Supreme Court: Suit of Injunction Not Maintainable if Plaintiff Fails to Prove Title Over Property(23.02.2024)

Supreme Court has held that suit of injunction by plaintiff may not be maintainable against defendant if the plaintiff fails to prove title of the pro.....

Tags : Supreme Court, Suit of Injunction, Title



Bombay HC: Can’t Entertain Application Increasing Valuation of Suit if Pecuniary Jurisdiction Lost(26.02.2024)

Bombay High Court has observed that an application for increasing the valuation of suit cannot be entertained by it when due to increase in pecuniary .....

Tags : Bombay High Court, Valuation of Suit, Pecuniary Jurisdiction



Delhi HC Allows Plea Seeking Postponing Vacation of Suit Property Due to COVID-19 Pandemic(09.04.2020)

Delhi High Court has allowed a judgment debtor to postpone the vacation of suit property due to the unforeseen circumstances brought about by the COVI.....

Tags : Delhi High Court, Vacation of Suit Property



SC: Suit for Permanent Injunction is Not Maintainable Against True Owner of Property(04.03.2022)

Supreme Court has observed that a suit for permanent injunction is not maintainable against the true owner of the property when the dispute with respe.....

Tags : Supreme Court, Suit for Permanent Injunction



Meghalaya HC: Plaintiff May File Application u/s 151 r/w Order XX Rule 6A Where No Decree Drawn(04.03.2022)

Meghalaya High Court has held that a plaintiff may file application under Section 151 read with Order XX Rule 6A of Civil Procedure Code, 1908, where .....

Tags : Meghalaya High Court, Suit Decided, Decree Not Drawn



Supreme Court: Eviction Suit By Co-owner With ‘No Objection From Other Owners’ Maintainable(24.03.2017)

Supreme Court has reiterated that a co-owner can alone maintain a suit for eviction of tenant without joining other co-owners if such other co-owners .....

Tags : Supreme Court, Eviction Suit



SC: Even Trespasser in Established Possession Can Obtain Injunction(09.02.2021)

Supreme Court has upheld a a Madras High Court judgment decreeing an injunction suit, observing that even a trespasser, who is in established possessi.....

Tags : Supreme Court, Injunction Suit



SC Division Bench Delivers Split Verdict in Civil Appeal from Specific Performance Suit(16.01.2023)

Supreme Court division bench comprising Justices M.R. Shah and B.V. Nagarathna a split verdict in a civil appeal arising out of a suit seeking specifi.....

Tags : Supreme Court, Specific Performance Suit, Civil Appeal, Agreement of Sale



SC Delivers Split Verdict on Issue ‘Is Non-Production of Power of Attorney Fatal to Title Suit?’(16.01.2023)

Supreme Court Division Bench has delivered a split verdict in a plea pertaining to the issue that when a sale deed is executed on the strength of a de.....

Tags : Supreme Court, Sale Deed, Power of Attorney, Title Suit



MP HC: Co-defendants Must File Separate Suit Against Each Other for Dispute Over Suit Property(15.03.2024)

Madhya Pradesh High Court has held that it is a settled law that the co-defendants cannot fight against each other as they cannot file a counterclaim .....

Tags : Madhya Pradesh High Court, Co-defendants, Suit Property



Kerala High Court: Suits Instituted As Against Private Persons Can't be Dismissed u/s 80 CPC(28.06.2018)

Kerala High Court has held that suit instituted as against private persons cannot be dismissed under Section 80 of CPC even if the cause of action aga.....

Tags : Kerala High Court, Suit, Notice



Delhi HC: Defendent May be Granted Leave to Defend Suit if Court Satisfied of Defence(07.02.2022)

Delhi High Court has observed that under Order XXXVII of the Code of Civil Procedure, 1908, the defendant may be granted the leave to defend the suit .....

Tags : Delhi High Court, Leave to Defend Suit



Delhi HC: Mere Pendency of Title Suit No Ground to Disentitle Person from Obtaining Electricity(09.03.2022)

Delhi High Court has observed that mere pendency of a Title Suit would not be a ground to disentitle a person from obtaining an electricity connection.....

Tags : Delhi High Court, Pendency of Title Suit



Delhi HC Grants Ex-Parte Injunction in Trademark Infringement Suit by VOLVO(14.03.2022)

Delhi High Court has granted interim relief to owners of registered trademarks VOLVO and FMX, restraining Lamina Suspension Products Limited from usi.....

Tags : Delhi High Court, Trademark Infringement Suit by VOLVO



AP HC: Suit for Declaration Must Be Filed Where Property Title is in Dispute(15.03.2022)

Andhra Pradesh High Court has held that where the title of a property is in dispute, the parties concerned must file a suit for declaration and not a .....

Tags : Andhra Pradesh High Court, Suit for Declaration



Delhi HC Passes Anti Suit Injunction, Temporarily Restraining Defendant(05.05.2020)

Delhi High Court has allowed Hindustan Times Media Limited's plea seeking interim injunction against a company from using domain name 'hindustan.com' .....

Tags : Delhi High Court, Anti-Suit Injuction



SC: Bar to File Separate Suit Challenging Compromise Decree Applies to Stranger Also(07.05.2020)

Supreme Court has held that the bar under Order 23 Rule 3A of the Code of Civil Procedure, 1908 to challenge a decree passed on a compromise in a sepa.....

Tags : Supreme Court, Bar to File Separate Suit



P&H HC Disapproves of False Assertions Made by Parties in Maintenance Suit(21.03.2022)

Punjab and Haryana High Court has observed that false assertions should be discouraged by parties while they come to the Court seeking reliefs. The Co.....

Tags : Punjab and Haryana High Court, False Assertions, Maintenance Suit



NHRC Takes Cognizance of Mother Pulling Suitcase with Exhausted Kid Sleeping(18.05.2020)

National Human Rights Commission has taken suo motu cognizance of media reports about a mother pulling a suitcase with her small child sleeping on it .....

Tags : National Human Rights Commission, Mother Pulling Suitcase with Exhausted Kid Sleeping



Delhi High Court: Suit Property Can't Be Attached Under Order 38 Rule 5 CPC Mechanically(31.03.2022)

Delhi High Court has reiterated that the power under Order XXXVIII Rule 5 of Code of Civil Procedure, 1908 cannot be exercised mechanically or merely .....

Tags : Delhi High Court, Order XXXVIII Rule 5, Code of Civil Procedure, High Court, Suit Property



SC: Parties Can Seek Benefit of Amended Law if Passed Before Final Decree in Partition Suit(31.03.2023)

Supreme Court has held that if law governing parties has been amended before conclusion of final decree proceedings in a partition suit, the party ben.....

Tags : Supreme Court, Amendment, Final Decree, Partition Suit



Delhi HC: Suit Cannot Be Rejected Partially Under Order VII Rule 11 of CPC(15.04.2022)

Delhi High Court has observed that there cannot be a partial rejection of a suit under Order VII Rule 11 of Code of Civil Procedure, 1908.

Tags : Delhi High Court, Partial rejection of Suit



SC: Property Purchaser Not Barred by Doctrine of Lis Pendens from Seeking Impleadment in Suit(12.07.2024)

Supreme Court has observed that there exists no bar to the impleadment of transferees pendente lite with notice. Permitting the impleadment of a trans.....

Tags : Supreme Court, Lis Pendens, Property Purchaser, Impleadment in Suit



Don’t List Certain IPR Suits Before 3 Judicial Officers: Delhi High Court(18.10.2018)

Delhi High Court, taking note of allegations of forum shopping involving three judges, has directed that IPR cases filed by certain litigants be not l.....

Tags : Delhi High Court, IPR Suits



SC: After Suit for Possession, Subsequent Suit for Arrears of Rent Maintainable(15.07.2024)

Supreme Court has held that after a suit for possession, a suit for arrears of rent in maintainable and observed that a second suit filed on a differe.....

Tags : Supreme Court, Arrears of Rent, Suit for Possession



SC: Specific Performance Suit Filed Within Limitation Cannot be Dismissed on Sole Ground of Delay(13.10.2020)

Supreme Court has observed that a suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches.

Tags : Supreme Court, Suit of Specific Performance



Kerala HC: Suit for Mandatory Injunction Maintainable After Termination of License(12.07.2021)

Kerala High Court has held that a civil suit for mandatory injunction is maintainable against a licensee to vacate the property on termination of lice.....

Tags : Kerala High Court, Suit for Mandatory Injunction



Supreme Court: Alienation of Suit Property not Invalid During Pendency of Suit(14.08.2019)

Supreme Court has ruled that the effect of doctrine of Lis Pendens is not to annul all the transfer effected by the parties to a suit but only to rend.....

Tags : Supreme Court, Suit Property



Delhi HC Grants Ex-Parte Ad-Interim Injunction in Trademark Infringement Suit Filed By 'Amul'(23.08.2021)

Delhi High Court has granted ex-parte ad-interim injunction to Gujarat Cooperative Milk Marketing Federation Ltd, popularly known as 'Amul', in a trad.....

Tags : Delhi High Court, Trademark Infringement Suit Filed By 'Amul'



Judgments

A Court cannot make a new case, not made out by parties in their pleadings(03.04.2017)

Instant revisional application under Article 227 of Constitution of India, at instance of pre-emptor in a proceeding for pre-emption under West Bengal.....

Tags : Suit, Pre-emption, Validity



A minor can bring a suit within a specified time after the termination of his minority and/or during the subsistence of his minority, through his next friend(30.08.2017)

Defendant is the Appellant against a confirming judgment. Case of the Defendant is that, the suit land is his ancestral homestead. He is in possession.....

Tags : Suit, Minor, Maintainability



When suit is filed on basis of an open, mutual and current account, limitation commences at end of financial year for which the transactions are entered into(24.08.2018)

Present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the Plaintiff in the suit impugning the Judgment .....

Tags : Suit, Time barred, Validity



Right of appeal is not restricted to parties to suit only(30.11.2018)

Instant petition has been preferred by Petitioner under Section 104 of the Constitution of Jammu and Kashmir read with Article 227 of the Constitution.....

Tags : Status quo, Independent suit, Remedy



Payment of rent or monetary consideration are not required to be proved by affirmative evidence as same may have been made secretly in case of sub-tenancy(01.02.2019)

The Plaintiff instituted suit against the Defendants for recovery of possession, alleging that Defendant No. 1 remained in arrears of rent and other c.....

Tags : Eviction, Suit premises, Subletting



Courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred(15.03.2019)

In facts of present case, the dispute relates to 4/5th share in the suit land. The suit land was subjected to ceiling proceedings under the Haryana Ce.....

Tags : Suit, Maintainability, Jurisdiction



Prominent Hotels Ltd. suit for injunction against eviction not maintainable(11.09.2015)

Setting aside the judgment of the trial court, the Delhi High Court pronounced Prominent Hotels’ suit for declaration and injunction against the NDMC .....

Tags : Hotel, eviction, lease, maintainability, suit



Jurisdiction of civil Courts cannot be completely taken away in spite of either an express or implied bar(19.08.2019)

The order of assessment and the demand for payment of property tax made on the Respondents was the subject matter of challenge in a civil suit filed b.....

Tags : Civil Courts, Jurisdiction, Suit, Maintainability



Mere mentioning and using the word ‘fraud’/’fraudulent’ is not sufficient to satisfy the test of ‘fraud’(26.11.2021)

The original plaintiff has preferred the present appeal against the judgment passed by the High Court, by which the Division Bench of the High Court h.....

Tags : Suit, Provision, Bar



Civil court cannot declare orders passed by the authorities under the ULC Act as illegal or non-est(22.11.2021)

In present matter, the trial Court by the judgment and decree decreed the suit on the ground that, possession has not been taken, before the Urban Lan.....

Tags : Possession, Suit, Jurisdiction



Appellants must show that exceptional and special circumstances exist to reverse the findings, even after, leave is granted(28.08.2023)

The Appellants had filed a suit for partition and mesne profit way back in the year 1988, before the Court of Principal Munsif, claiming ancestral rig.....

Tags : Partition suit, Right, Special circumstances



Suit seeking damages for illegal use of property is maintainable, even after, filing of suit for possession against the same property(30.11.2023)

Challenge in the present appeal is to the order passed by the High Court, vide which the application filed by the Appellants/Defendants under Order VI.....

Tags : Subsequent suit, Cause of action, Maintainability



Jurisdiction of the Court is required to be determined with respect to the situs of the property(07.04.2018)

In facts of present case, the Respondents filed a suit for declaration seeking to declare a communication dated 04th October, 2013 issued by Petitione.....

Tags : Suit, Situs, Jurisdiction



Anti-suit injunction should be granted sparingly and not as a matter of routine(17.04.2018)

In instant case, the marriage between Appellant-husband and Respondent-wife was solemnized on 20th February, 1995 as per Hindu rites and two children .....

Tags : Anti-suit injunction, Decree, Grant



Document containing contract to transfer right, title or interest in an immovable property for consideration is required to be registered, if party wants to rely on same(04.07.2018)

Instant appeal emanates from the decision of the High Court dated 2nd December, 2016 allowing the application preferred by Respondent Nos. 1 & 2 (Defe.....

Tags : Suit agreement, Document, Admissibility



Sufficient grounds for withdrawal of suit(07.08.2015)

Petitioner seeking to withdraw suit because issue is to be decided in another pending petition constitutes 'sufficient grounds'. The Court noted that .....

Tags : suit, withdraw, sufficient ground



'Judgment on admissions' not suitable when objections raised go to the root of the case(12.08.2015)

In an appeal against an order of the trial court passed on the admission of a landlord-tenant relationship, the Supreme Court found the same inappropr.....

Tags : judgment on admission, inappropriate, unsuitable



In the guise of exercising jurisdiction under Article 227 of the Constitution, High Court cannot convert itself into a court of appeal(26.06.2020)

Present appeal challenges the judgment passed by the learned single judge of the High Court thereby, allowing the writ petition filed by Respondent No.....

Tags : Suit premises, Eviction, Jurisdiction



Commission for inspection cannot be issued for ascertaining the boundaries of the suit land, unless all necessary parties are on record(18.06.2024)

Present second appeal has been filed by the appellant/plaintiff who has lost in both the Courts. It is submitted that both the Courts committed an err.....

Tags : Inspection, Suit land, Commission



Consent of Charity Commissioner is necessary for institution of suit of nature specified in Section 50 of MPT Act(12.06.2017)

Challenge in present appeal is to impugned orders made by City Civil Court at Bombay rejecting plaint in Appellant's Suit under Order 7 Rule 11(d) of .....

Tags : Suit, Maintainability, Adequate remedy



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