Supreme Court

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 […]
23rd Dec, 2019

Supreme Court can dissolve marriage on grounds of ‘Irretrievable breakdown of marriage’

The Supreme Court in the case of “Munish Kakkar vs Nidhi Kakkar” (Civil Appeal No. 9318 of 2014) decided on 17.12.2019 has reiterated its earlier position that in exercise of its inherent powers under Article […]
23rd Dec, 2019

Bank is responsible for refund of amount siphoned out by illegal net banking transaction

Supreme Court in the case of DAV Public School vs The Senior Manager, Indian Bank, Midnapur Branch & Ors. (Civil Appeal No. 9352 of 2019 arising out of SLP(C) No. 3738 of 2019) decided on […]
15th Dec, 2019

Second appeal should not be dismissed on merit for reasons of non-appearance of lawyer

The Supreme Court has held, in the absence of counsel for the appellant, appeal may, if the Court deems fit, be dismissed in default but the same cannot be heard and decided on merits. The […]
15th Dec, 2019

Practice of summoning officers by High Courts who passed order impugned in Writ Petitions wrong

The Supreme Court has disapproved the practice of summoning officers by the High Court while considering the writ petitions which impugns the order passed by the said officers. The said ruling was held in the […]
9th Dec, 2019

In a case first appeal under Arbitration & Conciliation Act, 1996 disposed of by a Court subordinate to High Court, an article 227 petition should not be entertained.

Supreme Court while upholding the powers of the High Court under Article 226/227 of the Constitution of India has discouraged the use of the same in proceedings challenging  orders passed by civil Court in proceedings […]
9th Dec, 2019

The issue of limitation not to be examined while considering application seeking Appointment of Arbitrator:

The Supreme Court has observed that issue regarding limitation would be decided by the arbitrator under section 16 of the Arbitration and Conciliation Act (hereinafter referred to as Act) and not the High Court at […]
27th Nov, 2019

There is no embargo on filing counter claim after filing written statement as per Order VIII Rule 6A, Code of Civil Procedure 1908

The Supreme Court has held that a Court can exercise its discretion and permit the filing of a counterclaim after the written statement till the stages of framing of issues of the trial.   It […]
21st Nov, 2019

Hotel cannot take shelter of “owner’s risk” clause in valet parking to avoid liablity caused by theft.

The Supreme Court of India delivered the above-mentioned judgment in Taj Mahal Hotels v United India Insurance Company Ltd & Ors [C.P. (W) 8611/2019), decided on 14.11.2019.   Issues:   Following issues were raised before […]
19th Nov, 2019

A certificate of registration of marriage and not a registered contract of marriage is a valid proof of marriage

The Supreme Court held that a contract of marriage does not fulfil the requisites of sub-clause (2) of Section 7 of the Hindu Marriage Act and cannot be taken to be proof of a valid […]
19th Nov, 2019

Government servant cannot raise any dispute before Consumer forum about their service conditions or retiral benefits:

The Supreme Court has observed that a government servant is not a consumer under the Consumer Protection Act 1986 and cannot raise any dispute regarding the pension and retiral benefits before the consumer forum under […]