Civil Law

A collection of 101 posts

Civil Law

Uttam Rice Mill vs. Ashok Construction Company - Order XXI Rule 106,17(IA) CPC - Restoration Of Execution Proceedings

Code of Civil Procedure 1908- Order XXI Rule 106, 17 (lA) - Execution Court dismissed application seeking restoration of the execution proceedings - Upholding this order, SC observed: Even if it were assumed that the facts of the case did not demand application of Rule 17 (lA) of Order XXI

Civil Law

Som Nath vs Ravinder Kumar - S. 54 TP Act- Sale - East Punjab Urban Rent Restriction Act

Transfer of Property Act, 1882-Section 54 - A contract for the sale of immovable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself create any interest in or charge on such property. Thus, even if

Civil Law

Samtola Devi vs State Of Uttar Pradesh 2025 INSC 404 - Senior Citizens Act - Eviction Orders

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 23 - The provisions of the Senior Citizens Act, nowhere specifically provides for drawing proceedings for eviction of persons from any premises owned or belonging to such a senior person. It is only on account of the observations

Civil Law

J. Ganapatha Vs N. Selvarajalou Chetty Trust 2025 INSC 395 - Moulding Of Relief

Moulding Of Relief - The concept of moulding of relief refers to the ability of a court to modify or shape a relief sought by a party in a legal proceeding based on the circumstances of the case and the facts established after a full-fledged trial. The principle enables the

Civil Law

N.P. Saseendran vs N.P. Ponnamma 2025 INSC 388 - Gift, Settlement & Will

Transfer of Property Act, 1882- Section 122 -128- Gift - Delivery of possession is only one of the methods to prove acceptance and not the sole method. The receipt of the original document by the plaintiff and registration of the same, would amount to acceptance of the gift and the

Civil Law

Yerikala Sunkalamma Vs State Of Andhra Pradesh 2025 INSC 383 - S.80 CPC Notice - Art.300A Constitution - Declaratory Title Suits Against Government

Code of Civil Procedure 1908- Section 80 -The primary objective behind Section 80 of the CPC is to provide the Government or a public officer with an opportunity to assess the legal merits of a claim and potentially settle it if it appears to be just and reasonable (Para 97)

Civil Law

Inder Singh vs State Of Madhya Pradesh 2025 INSC 382 - Condonation Of Delay

Limitation Act - Section 5 - All parties, whether or not State under Article 12 of the Constitution, are required to act with due diligence and promptitude- delay cannot be condoned without sufficient cause, but a major aspect which has to be kept in mind is that, if in a

Civil Law

Gangubai Raghunath Ayare vs Gangaram Sakharam Dhuri (D) 2025 INSC 355 - Order I Rule 9 - Necessary Party

Code of Civil Procedure 1908 - Order I Rule 9 - Care must be taken to ensure that the necessary party is before the court, be it a plaintiff or a defendant, otherwise, the suit or the proceedings will have to fail - Quoted form of Chief Conservator of Forests,

Civil Law

Ayyavu vs Prabha 2025 INSC 336 -

Note: No legal aspects discussed in the judgment - SC allowed an appeal against HC judgment in a second appeal. 2025 INSC 336 Ayyavu vs Prabha 2025 INSC 336 Ayyavu vs Prabha .pdf172 KBdownload-circleLawLens - AI-Driven Legal Research for Indian LawsDiscover AI-powered legal research tools for Indian law professionalsAI-Driven Legal

Civil Law

V. Ravikumar vs S. Kumar 2025 INSC 343 - Power Of Attorney Cancellation

Power of Attorney - The power holder having exercised the authority conferred; to convey the properties in the name of the purchasers, the cancellation of the power of attorney will have no effect on the conveyances carried out under the valid power conferred. Nor would it confer the person who

Civil Law

Rabindranath Panigrahi vs Surendra Sahu 2025 INSC 333- S 100 CPC - Second Appeal

Code of Civil Procedure 1908 - Section 100 -A finding of fact could not be disturbed by the Court in the Second Appeal, as it was not open for the Court to examine the evidence assuming First Appeal jurisdiction, unless the findings returned were perverse. (Para 10) 2025 INSC 333

Civil Law

Himalayan Brahmo Samaj Mandir Trust Shimla vs Bindiya Kuller - S 92 CPC - Transfer Of Suit To ADJ

Code of Civil Procedure, 1908 - Section 92 -The institution of a suit under Section 92 CPC before the Principal District Judge, and its transfer thereafter, to the Additional District Judge due to an administrative exigency -Section 6 read with Sections 9 and 17 of the HP Courts Act clearly

Civil Law

Lavanya C vs Vittal Gurudas Pai 2025 INSC 325 - Order XXXIX Rule 2A - Violation Of Injunction - Lawyer Client Relationship

Code of Civil Procedure 1908 - Order XXXIX Rule 1,2, 2A- Even if the injunction order was subsequently set aside, the disobedience does not get erased -The rigour of such disobedience may be toned down if the order is subsequently set aside- Referred to Samee Khan v. Bindu Khan

Civil Law

Sports Authority Of India vs Dr. Kulbir Singh Rana 2025 INSC 319 - Compromise Orders

Practice and Procedure - Once the order has been passed on a kind of a compromise or concession given by a party, that party cannot turn back and challenge the order before a higher court, unless it is a case of fraud or deception. (Para 10) 2025 INSC 319 Sports

Civil Law

C Prabhakar Rao vs Sama Mahipal Reddy 2025 INSC 311 - Order IX Rule 13 CPC - Setting Aside Ex Parte Decree & Delay Condonation

Code of Civil Procedure 1908 - Order IX Rule 13- The procedure for setting aside the ex-parte decree will be distinct from the procedure for condoning the delayed filing of the application to set aside the ex-parte decree - The adjudication and determination of a court with respect to setting

Civil Law

K. Ramasamy vs R. Nallammal 2025 INSC 310 Delay Condonation - Setting Aside Ex Parte Decree

Code of Civil Procedure 1908 - Order IX Rule 13- High Court order condoned a 1312-day delay and set aside an ex-parte decree - Allowing appeal, SC observed: There is falsity writ large, in the submission of the lawyer having misplaced the files. The application to set aside the ex­

Civil Law

Ram Lal vs Jarnail Singh (D) 2025 INSC 301 - S. 28 Specific Relief Act - Order XX Rule 12A CPC

Specific Relief Act 1963 - Section 28 - The non-payment of the balance sale consideration within the time period fixed by the Trial Court does not amount to abandonment of the contract and consequent rescinding of the same. The real test must be to see if the conduct of the

Civil Law

Pappammal (D) vs Jothi 2025 INSC 277 - Order I Rule 10 CPC - Necessary Party

Code of Civil Procedure 1908 - Order I Rule 10 (2) - The entire purpose of a Trial is to reach the truth of the matter and it is absolutely important that all necessary parties must be heard, before a decision is taken by the Court. (Para 12) 2025 INSC

Civil Law

M. S. Ananthamurthy vs J. Manjula 2025 INSC 273- Transfer of Property - Registration Act - Power Of Attorney - Res Judicata

Transfer of Property Act 1882- Section 54,55 - An agreement to sell does not meet the requirements of Sections 54 and 55 of the TPA to effectuate a ‘transfer’ -A transfer of immovable property by way of sale can only be by a deed of conveyance. An agreement to

Civil Law

Sachin Jaiswal vs Hotel Alka Raje 2025 INSC 275 - S 14 Partnership Act

Indian Partnership Act,1932 - Section 14 - Separate property of an individual partner, can be converted into partnership property. (Para 13) Irrespective of the character of the property, when it is brought in by the partner when the partnership is formed, it becomes a property of the partnership firm,

Civil Law

Kanahaiya Lal Arya vs Md. Ehshan 2025 INSC 271 - Tenancy - Bonafide Need

Tenancy Law - Bonafide need - Eviction - The need has to be a real one rather than a mere desire to get the premises vacated. The landlord is the best judge to decide which of his property should be vacated for satisfying his particular need. The tenant has no

Civil Law

Ashoka Group vs Hariram Buddhraja - S 69 Partnership Act

Partnership Act - Section 69(2); Limitation Act - Section 14 -If the firm is not registered on the date of suit and the suit is to enforce a right arising out of a contract with the third party defendant in the course of his business, then it will be

Civil Law

Cosmos Co. Operative Bank Ltd. vs Central Bank Of India 2025 INSC 243 - TP Act - Equitable Mortgage - Charge

Equitable mortgage -Where under the law no mortgage or charge is said to have been created over a property i.e., no conveyance of a right or interest over the subject property has been effected, yet if the intention of parties to create a mortgage is clear, equity would demand

Civil Law

Surendra Kumar Jain vs Santobai 2025 INSC 230 - S 5 Limitation Act

Limitation Act 1961 - Section 5 - High Court allowed application seeking condonation of delay of 2,422 days in filing an application under Order XLI Rule 19 CPC - Allowing appeal, SC observed: High Court recorded no reason for condoning huge delay in filing application for restoration of the

Civil Law

Bankat Swami Trust vs Daiwan(D) - CPC - Second Appeal - Finding Of Fact

Code of Civil Procedure 1908 - Section 100 - The High Court, if it is of the view that a finding of fact is required for the adjudication of the second appeal, can call for the same from the Trial Court, by keeping the appeal pending- For the aforesaid purpose,