Supreme Court

10th Feb, 2020

In a suit for Specific Performance, mere plea of the Plaintiff that he’s ready to pay the consideration, without any material cannot be accepted.

The Supreme Court in the case of C.S. Venkatesh vs. A.S.C. Murthy (Civil Appeal No. 8425 of 2009) on 07.02.2020 opined that mere plea that the plaintiff is ready to pay the consideration, without any […]

10th Feb, 2020

Beneficiaries of Insurance policy are ‘consumers’ even if they are not parties to contract of insurance

The Supreme Court in the matter of Canara Bank vs United Indian Insurance Corporation (Civil Appeal No. 1042 of 2020), decided on 06.02.2020 observed that the beneficiaries of the policy taken out by the insured […]

3rd Feb, 2020

Section 92 of the Code of Civil Procedure 1908 would not be applicable in a suit by a Trust.

The Supreme Court in the matter of Ghat Talab Kaulan Wala vs. Baba Gopal Das Chela Sruti Dass (Through LR) (Civil Appeal No. 724/2020) decided on 31.01.2020 held that Section 92 of CPC contemplates a […]

3rd Feb, 2020

Unequivocal statements made by counsel will be binding on clients

The Supreme Court in the matter of Om Kumar vs. Suresh Kumar (Civil Appeals No. 833-834 of 2020), decided on 30.01.2020 has observed that unequivocal statements made by counsel will be binding on their clients. […]

27th Jan, 2020

Appellate court cannot act as an appellate court in revision proceedings

The Supreme Court of India in the matter of Varadrajan vs. Kanakavali & Ors. (Civil Appeal No. 5673/2009) dated 22.01.2020 reiterated that an order passed by a subordinate court can be interfered with only if […]

27th Jan, 2020

Under the Land Acquisition Act, Interest awarded under Section 34 is to be calculated from the date of award and not from the date of notification.

The Supreme Court in the case of Chanabasappa vs Karnataka Neeravari Nigam Ltd. & Anr (Civil Appeal no. 475 of 2020, Arising out of S.L.P. (Civil) No. 29148 of 2016) decided on 21.01.2020 held that […]

20th Jan, 2020

Where the decision of the Disciplinary Committee is not perverse, the Court would not change their decision in appeal

The Supreme Court in the case of Om Pal Singh vs Disciplinary Authority & Ors. (Civil Appeal no. 176 of 2020) decided on 14.01.2020 held that whenever the Court direct reinstatement, they should apply their […]

20th Jan, 2020

Contractual employees engaged by a company entitled to Provident Fund benefit as per the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

The Supreme Court in the matter of M/s Pawan Hans Limited & Ors. vs. Aviation Karamchari Sangathan & Ors. (Civil Appeal No. 353 of 2020) has observed that contractual employees engaged by a Company who […]

13th Jan, 2020

In a suit for possession on the ground of subletting, once the landlord establishes that a third party is in exclusive possession of the premises, the onus shifts on to the tenant to prove that he continues to hold legal possession in tenancy

The Supreme Court in the matter of A. Mahalakshmi vs. Ala Venkatram (D) (Civil Appeal No. 9443/2019) on 07.01.2020 held that in a suit for possession on the ground of subletting, the onus is on […]

13th Jan, 2020

Upon death of a coparcener his property devolves upon his legal heirs under Section 8 of the Hindu Succession Act as his self acquired property after notional partition

The Supreme Court in the matter of M. Arumugam vs. M. Ammaniammal (Civil Appeal No. 8642 of 2009) decided on 08.01.2020 held that a HUF property devolving under Section 8 of the Hindu Succession Act, […]

13th Jan, 2020

State cannot invoke the doctrine of adverse possession to perfect title over acquired land from private citizens without following due process of law

The Supreme Court in the case of Vidya Devi vs State of Himachal Pradesh& Ors. (Civil Appeal no. 60-61 of 2020) decided on 08.01.2020 held that forcible dispossession of a person from his private property […]

6th Jan, 2020

In a landlord-tenant suit, when the landlord’s derivative title is challenged, the same has to be established in some form

The Supreme Court in the matter of Vijay Eknath Lad vs. Chiu Mao Chen in Civil Appeal No. 4726 of 2010 decided on 18.12.2019 held that though a tenant cannot challenge the title of his […]

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