Judgments - Civil Procedure

However, we find that after the execution Court had dismissed the execution proceeding on the ground of delay in depositing the amount, the same question was dealt with by the original side of the Trial Court as well in the application for extension of time. Since both the Courts have given concurrent findings that the case for extension of time was not made out, we Full Judgment

Tags Civil Procedure Decree Specific Performance

Supreme Court of India (Division Bench (DB)- Two Judge)

M/S MILLENNIUM WIRES P LTD Vs. STATE TRADING CORP. OF INDIA LTD & ORS

Appeal (Civil), 3103 of 2015, Judgment Date: Mar 23, 2015

It would suffice to say here that injunctions against the negotiating banks for making payments to the beneficiary must be given cautiously as constant judicial interference in the normal practices of market can have disastrous consequences as it affects the trustworthiness of the Indian banks and markets. In the circumstances as narrated above and in light of the settled law on the point of injunction against the banks to honour their Full Judgment

Tags Injunction Civil Procedure

Supreme Court of India (Division Bench (DB)- Two Judge)

OM AGGARWAL Vs. HARYANA FINANCIAL CORPORATION & ORS.

Appeal (Civil), 4942 of 2007, Judgment Date: Feb 23, 2015

law laid down by the Hon'ble 5 Judges of the Apex Court of India reported in AIR 1969 SC 78 that in case the Statutory Authorities do not act in Full Judgment

Tags Civil Procedure Civil Court Jurisdiction- Barred

Supreme Court of India (Division Bench (DB)- Two Judge)

P.V. GURU RAJ REDDY & ANR. Vs. P. NEERADHA REDDY & ORS.

Appeal (Civil), 5254 of 2006, Judgment Date: Feb 13, 2015

-The finding of the High Court in this regard proceeds on the basis that the plaintiffs had admitted in the plaint that the property purchased in the name of the defendant No.3 belonged to the plaintiffs. Therefore the provisions of Benami Transactions (Prohibition) Act, 1988 would apply. We fail to see how the aforesaid view of the High Court can be sustained. The suits in question were not filed for recovery of any property held in benami by the defendants. Rather, the suit was for declaration of Full Judgment

Tags Civil Procedure

Supreme Court of India (Division Bench (DB)- Two Judge)

Raveesh Chand Jain Raveesh versus Raj Rani Jain

Appeal (Civil), 1822 of 2015, Judgment Date: Feb 12, 2015

- The bare perusal of the aforesaid provision makes it clear that it confers wide discretion on the court to pass a judgment at any stage of the suit on the basis of admission of facts made in the pleading or otherwise without waiting for the determination of any other question arose between the parties. Since the Rule permits the passing of judgment at any stage without waiting for determination Full Judgment

Tags Civil Procedure Damages Recovery Of Possession Res Judicata

Supreme Court of India (Division Bench (DB)- Two Judge)