Civil Suits & Injunctions Precedents Digest
Authoritative Supreme Court rulings on Order 39 Rules 1 & 2 temporary injunctions, Order 7 Rule 11 rejection of plaint, specific performance under SRA 1963, Section 11 res judicata, and property possession rights.
Cox and Kings v. SAP India
5-Judge Constitution Bench upholding Group of Companies doctrine, anchoring non-signatory binding effect in mutual consent and composite transactions.
Ghanshyam v. Yogendra Rathi
Agreement to sell with GPA and delivery of possession protects possession under Section 53A.
Gurbachan Singh v. Gurcharan Singh
The Supreme Court delivered an instructive ruling on the statutory obligations of the First Appellate Court under Section 96 read with Order XLI Rule 31 of the Code of Civil Procedure, 19...
Katta Sujatha Reddy v. Siddamsetty Infra Projects Pvt. Ltd.
2018 Specific Relief Amendment (making specific performance mandatory) is prospective.
P. Kishore Kumar v. Vittal K. Patkar
Re-affirming GPA cannot transfer ownership title; power of attorney is merely agency authorization.
Prasanta Kumar Sahoo v. Charulata Sahu
Preliminary decree in partition suit does not crystalize rights; daughter gets enhanced share till final decree.
Shakeel Ahmad v. Syed Akhlaq Hussain
Unregistered Agreement to Sell / GPA cannot confer ownership or maintain suit for possession.
Shivshankara v. H.P. Vedavyasa Char
Mere long continuous possession without proof of hostile animus possidendi against the true owner cannot confer title by adverse possession.
Arunachala Gounder v. Ponnusamy
Self-acquired property of Hindu male dying intestate devolves upon daughter in preference to collaterals.
Murthy v. C. Saradambal
Unnatural disposition in Will and exclusion of natural heirs create suspicious circumstances.
Sudesh Chhikara v. Ramti Devi
Revocation of Gift Deed by senior citizen requires express condition of providing basic maintenance.
U.N. Krishnamurthy v. A.M. Krishnamurthy
Distinction between readiness (financial capacity) and willingness (mental conduct).
Rahul S. Shah v. Jinendra Kumar Gandhi
Supreme Court directives to eliminate execution delays: Execution must conclude within 6 months.
Vidya Drolia v. Durga Trading Corp.
3-Judge Bench establishing the 4-fold test of non-arbitrability, tenancy dispute arbitrability, and prima facie referral standard.
B. Santoshamma v. D. Sarala
In a modern landmark judgment on property contracts, the Supreme Court held that following the Specific Relief (Amendment) Act, 2018, the grant of specific performance is no longer a disc...
Dahiben v. Arvindbhai Kalyanji Bhanusali
Plaint disclosing illusory cause of action or barred by limitation must be rejected at threshold.
Nazir Mohamed v. J. Kamala
Scope of Second Appeal: High Court cannot interfere with findings of fact without substantial question of law.
Vidya Devi v. State of H.P.
State cannot claim adverse possession over private land taken without paying compensation.
Vineeta Sharma v. Rakesh Sharma
Daughters have equal coparcenary rights by birth in ancestral property; living father not required.
Ravinder Kaur Grewal v. Manjit Kaur
Adverse possession can be used affirmatively as a 'Sword' to file suit for title declaration.
SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure
In Commercial Suits, 120-day limit for Written Statement is mandatory with absolute forfeiture.
IDBI Trusteeship Services Ltd. v. Hubtown Ltd.
Governing principles for granting leave to defend in Order 37 CPC summary suits, updating the classic Mechelec Engineers test following statutory amendments.
National Insurance Co. Ltd. v. Pranay Sethi
5-Judge Constitution Bench standardized motor accident compensation: standardized addition for future prospects and conventional damages with 10% triennial increase.
Uttam v. Saubhag Singh
Joint family property partitioned and devolved under Section 8 loses ancestral character.
Kailash Nath Associates v. DDA
Forfeiture of Earnest Money: Permissible only if actual loss is suffered by vendor.
Brijesh Kumar v. State of Haryana
Section 5 Limitation Act: Delay cannot be condoned merely on sympathetic grounds.
BALCO v. Kaiser Aluminium
Landmark 5-Judge Constitution Bench establishing that Part I does not apply to foreign-seated arbitrations, delineating seat vs venue.
Maria Margarida Sequeria Fernandes v. Erasmo Jack de Sequeria
Possession of caretaker, servant, or relative is only permissive; cannot claim injunction against owner.
Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana
Immovable property can only be transferred via registered Sale Deed; GPA sales banned.
Kammana Sambamurthy v. Kalipatnapu Atchutamma
Supreme Court held that under Section 12(3) Specific Relief Act, a purchaser can seek specific performance of a co-owner's undivided share on relinquishing all claims to the rest.
Ramrameshwari Devi v. Nirmala Devi
Mandating the imposition of realistic, actual, and punitive costs under Section 35 CPC to curb frivolous litigation, false pleadings, and procedural abuse stalling civil decrees.
Afcons Infrastructure Ltd. v. Cherian Varkey Construction
Exhaustive guidelines on mandatory reference of civil and commercial suits to Mediation / Lok Adalat.
Karam Kapahi v. Lal Chand Public Charitable Trust
Judgment on admissions under Order XII Rule 6 enables speedy judgment on clear admissions.
Kashi Math Samsthan v. Shrimad Sudhindra Thirtha Swamy
Settled parameters for temporary injunction under Order XXXIX Rules 1 & 2 CPC: plaintiff must establish all three pillars—prima facie case, balance of convenience, and irreparable injury.
Man Kaur v. Hartar Singh Sangha
Purchaser must prove 'Readiness and Willingness' personally; GPA holder cannot depose.
Mumbai International Airport (P) Ltd. v. Regency Convention Centre & Hotels (P) Ltd.
The Supreme Court delivered an authoritative judgment clarifying the scope and judicial discretion under Order I Rule 10(2) of the Code of Civil Procedure, 1908 (addition of parties). The...
Sree Swayam Prakash Ashramam v. G. Anandavally Amma
The Supreme Court delivered an authoritative judgment on the doctrine of implied grant of easement under the Indian Easements Act, 1882. The Court held that even where an easement does no...
Suhrid Singh v. Randhir Singh
Calculation of Court Fee: Ad-valorem for executant seeking cancellation; Fixed fee for non-executant.
Alka Bose v. Parmatma Devi
An oral agreement of sale is valid and enforceable; an agreement to sell signed only by the vendor and accepted by the purchaser creates a binding contract.
Sarla Verma v. Delhi Transport Corporation
Standardized the multiplier table (18 to 5 based on age) and personal expense deductions (1/2 for bachelors, 1/3 for 2-3 dependents) in fatal accident claims.
Anathula Sudhakar v. P. Buchi Reddy
Definitive charter on property suits: Bare injunction vs Declaration and Possession.
P.T. Munichikkanna Reddy v. Revamma
In a transformative property law and human rights ruling authored by Justice S.B. Sinha, the Supreme Court re-evaluated the doctrine of adverse possession under Articles 64 and 65 of the ...
Sanjay Verma v. Sanjeev Reddy
Doctrine of Lis Pendens: Transferee pendente lite is bound by final decree passed in suit.
Prem Singh v. Birbal
Supreme Court held that a voidable deed must be formally cancelled within 3 years under Article 59 Limitation Act; registered deeds carry a legal presumption of valid execution.
Rajesh Kumar Aggarwal v. K.K. Modi
Authoritative ruling on amendment of pleadings under Order VI Rule 17 CPC; amendments must be allowed liberally if necessary to determine the real controversy.
Seema Arshad Zaheer v. Municipal Corp. of Greater Mumbai
Supreme Court held that discretion under Order XXXIX CPC must be exercised judicially; an applicant seeking temporary injunction must establish clean hands and prima facie title.
Atma Ram Properties (P) Ltd. v. Federal Motors
Appellate court staying an eviction decree under Order 41 Rule 5 CPC has jurisdiction to direct the tenant to pay reasonable market rent / mesne profits during appeal.
Kailash v. Nanhku
90-Day time limit for filing Written Statement is directory in ordinary civil suits.
Salem Advocate Bar Association (II) v. Union of India
Landmark CPC reform verdict approving mediation rules under Section 89, holding 90-day written statement deadline directory, and ordering realistic costs.
Karnataka Board of Wakf v. Government of India
Strict burden of Adverse Possession: Must prove Nec Vi, Nec Clam, Nec Precario.
Rame Gowda v. M. Varadappa Naidu
Settled Possession: Person in settled possession can protect possession even against true owner.
B.L. Sreedhar v. K.M. Munireddy
Comprehensive Supreme Court treatise on Section 115 Evidence Act: definitive analysis of estoppel by representation, promissory estoppel, and its operation as an equitable rule of evidence.
Santosh Hazari v. Purushottam Tiwari
Formulated the classic, authoritative definition of what constitutes a 'substantial question of law' for High Court second appeals under Section 100 CPC.
G.P. Srivastava v. R.K. Raizada
Setting aside ex-parte decree: 'Sufficient cause' examined on the specific date of ex-parte order.
R.K. Mohammed Ubaidullah v. Hajee C. Abdul Wahab
The Supreme Court delivered an authoritative judgment on the doctrine of bona fide purchaser for value without notice under Section 19(b) of the Specific Relief Act, 1963 and Section 3 of...
K. Narendra v. Riviera Apartments
Equitable discretion under Section 20 Specific Relief Act; declining specific performance and awarding compensation where multi-decade litigation and phenomenal price escalation cause severe vendor hardship.
Vidhyadhar v. Manikrao
In an indispensable civil law and evidence precedent, the Supreme Court established two fundamental principles of law. First, where a party to a suit does not enter the witness box to dep...
N. Balakrishnan v. M. Krishnamurthy
Section 5 Limitation Act requires liberal construction of 'sufficient cause'; acceptability of explanation and absence of mala fides is the sole criterion, not length of delay.
Oriental Insurance Co. Ltd. v. Sunita Rathi
The Supreme Court delivered a definitive judgment on the commencement and temporal liability of motor insurance policies under the Motor Vehicles Act. The Court held that an insurance pol...
Samee Khan v. Bindu Khan
Power under Order XXXIX Rule 2A: Disobedience of injunction permits civil imprisonment and attachment.
K.S. Vidyanadam v. Vairavan
In immovable property sale agreements, total inaction and unexplained delay coupled with steep price escalation disentitle the purchaser to specific performance.
Gujarat Bottling Co. Ltd. v. Coca Cola Co.
The 3 Inflexible Pillars of Injunction: Prima Facie Case, Balance of Convenience, Irreparable Injury.
N.P. Thirugnanam v. R. Jagan Mohan Rao
Authoritative Supreme Court ruling on Section 16(c) Specific Relief Act: plaintiff must continuously prove readiness and willingness from the date of contract to the date of decree.
R.D. Hattangadi v. Pest Control (India) Pvt. Ltd.
The Supreme Court delivered the foundational charter governing the assessment of compensation in personal injury and disability cases under the Motor Vehicles Act. Authoritatively dividin...
Manmohan Service Station v. Mohd. Chhattar
Tests for unlawful subletting under rent control statutes; parting with legal possession to a third party without landlord's consent warrants eviction.
Chand Rani v. Kamal Rani
Time is ordinarily not the essence of contract for sale of immovable property.
Dalpat Kumar v. Prahlad Singh
'Prima facie case' means a substantial triable issue raised, not proof to the hilt.
Dorab Cawasji Warden v. Coomi Sorab Warden
Mandatory Injunction at interim stage is granted only in compelling, exceptional circumstances.
Wander Ltd. v. Antox India P. Ltd.
The Magna Carta on appellate review of interlocutory injunctions: appellate court must not interfere with trial court discretion under Order XXXIX CPC merely because it would have taken a different view.
Collector, Land Acquisition, Anantnag v. Mst. Katiji
In one of the most widely cited judgments in Indian legal history, the Supreme Court delivered an enduring doctrine governing the condonation of delay under Section 5 of the Limitation Ac...
Sardar Govindrao v. Devi Sahai
In a classic property law ruling, the Supreme Court laid down the mandatory statutory conditions required to invoke the equitable doctrine of part performance under Section 53A of the Tra...
Vaish Degree College v. Lakshmi Narain
Landmark 3-Judge Bench ruling on contract of personal service: specific performance cannot be granted except in three cases—Article 311 civil servants, industrial workers, and statutory bodies.
Daryao v. State of U.P.
Res Judicata (Section 11 CPC) is a fundamental public policy rule against multiplicity of litigation.
Manohar Lal Chopra v. Seth Hiralal
Foundational 4-Judge Bench holding Order 39 CPC is not exhaustive; Civil Courts possess inherent powers under Section 151 CPC to issue temporary injunctions outside Order 39 to prevent injustice.
H. Venkatachala Iyengar v. B.N. Thimmajamma
Foundational judgment on Proof of Wills: Propounder must remove all suspicious circumstances.
Satyabrata Ghose v. Mugneeram Bangur & Co.
The foundational authority on Section 56 of the Contract Act; defines the doctrine of frustration and supervening impossibility in Indian contract law.
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