Gujarat High Court
LEGAL SUBJECT
Civil Procedure and Evidence
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Calcutta High Court
Writ jurisdiction is inappropriate for disputed facts where an efficacious statutory appeal is available.
The petitioner filed an application under Section 5(3) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, concerning certain properties at Belilious Road, Howrah.4 MIN READ↗
Delhi High Court
Contempt proceedings cannot extend beyond the specific directions contained in the underlying order.
The Petitioner initiated contempt proceedings under Sections 11 and 12 of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution, alleging wilful disobedience of the Court’s order dated 16 January...2 MIN READ↗
Calcutta High Court
Waqf authorities must furnish complaint and relied-upon documents to alleged encroachers.
The petitioners were proceeded against under Section 54 of the Waqf Act, 1955, in relation to E.C. No. 1132 concerning the Osman Mullick Waqf Estate, on the allegation that they were encroachers upon the Waqf property.2 MIN READ↗
Delhi High Court
Offences under Section 138 NI Act may be compounded at any stage, including after conviction, upon settlement.
The petitioner-company and its Directors sought quashing of Complaint Case Nos. 8034/2019 and 8032/2019, instituted by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”), and pending b...2 MIN READ↗
Kerala High Court
Delay in filing a rent appeal was condoned upon payment of admitted rent arrears.
The petitioners, being the mother and son—the latter a person with disability and represented by his mother as natural guardian—were the legal heirs of Respondent No. 4 in the underlying rent-control proceedings.3 MIN READ↗
Chhattisgarh High Court
Fair price shop cancellation without opportunity to lead evidence and cross-examine witnesses violates Rule 16(3).
The petitioner’s self-help group operated a fair price shop at Village Piparsatti, District Janjgir-Champa, under the Chhattisgarh Public Distribution System (Control) Order, 2016.2 MIN READ↗
Delhi High Court
Offences under Section 138 NI Act may be compounded at any stage, including after conviction, upon settlement.
The petitioner-company and its Directors sought quashing of Complaint Case Nos. 8034/2019 and 8032/2019, instituted by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”), and pending b...2 MIN READ↗
Madhya Pradesh High Court
Writ petitions seeking electrocution compensation are not maintainable where disputed facts require adjudication.
The petitioner’s husband, Sanjay, died from electrocution on 2 October 2020 after coming into contact with a stay wire near an electric pole in a field.2 MIN READ↗
Supreme Court
Absence of a railway ticket does not negate bona fide passenger status in untoward-incident claims.
On 27 September 2017, Maheshbhai was travelling in the general compartment of a train towards Surat via Ahmedabad. The claimants alleged that, owing to overcrowding and a sudden jerk, he fell from the train between Sa...3 MIN READ↗
Calcutta High Court
Writ court will not direct police to restore possession in a private property dispute.
The petitioner purchased land at Saradapally Bhutgoria, Bankura, after his wife’s death and constructed a residential house there.3 MIN READ↗
Chhattisgarh High Court
An enhancement claim fails where reassessment produces compensation lower than the Tribunal’s existing award.
Late Gopiram Sahu, aged 39 years, died in a motor vehicle accident on 31 July 2020. His legal representatives filed a claim petition, which was allowed by the Motor Accident Claims Tribunal in Claim Case No. 486/2020...2 MIN READ↗
Madras High Court
Courts may summon unadmitted pre-dispute documents for forensic comparison with disputed signatures.
The respondent–plaintiff instituted O.S.No.8810 of 2019 before the First Assistant Judge, City Civil Court, Chennai, seeking recovery of money under a loan deed dated 16 November 2016.3 MIN READ↗
Madras High Court
A claimant asserting property rights is a proper party to a specific performance suit.
The petitioner/plaintiff instituted O.S.No.130 of 2022 before the Principal District Court, Villupuram, seeking specific performance of an agreement of sale dated 3 March 2014 allegedly executed between him and the se...3 MIN READ↗
Madras High Court
Pre-institution mediation may be dispensed with where plaint documents disclose plausible urgency for interim relief.
The petitioner/plaintiff instituted a commercial suit seeking recovery of money and permanent injunction against the respondents.3 MIN READ↗
Delhi High Court
At the Section 11 stage, judicial scrutiny is confined to the prima facie existence of a valid arbitration agreement.
M/S Tata Capital Ltd. filed a petition under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator for disputes arising from a Loan Agreement dated 27 November 2024.2 MIN READ↗
Delhi High Court
Unregistered agreements to sell cannot confer title, rendering evidentiary inquiry under Order XXI Rule 58 unnecessary.
Respondent No. 1, the Decree Holder, obtained a decree pursuant to a mediation settlement dated 16.10.2019 arising from an agreement to sell dated 06.05.2018 executed by Respondent No. 2, the Judgment Debtor, concerni...3 MIN READ↗
Delhi High Court
At the Section 11 stage, judicial scrutiny is confined to prima facie existence of an arbitration agreement.
The Petitioner had been appointed as a distributor of Indian Oil Corporation Limited under a Memorandum of Agreement dated 13 November 1996.2 MIN READ↗
Madras High Court
Writ petition dismissed for non-prosecution due to the petitioner’s repeated absence at hearings.
The petitioner filed a writ petition under Article 226 of the Constitution seeking a direction to respondents 1 to 3—the Tamil Nadu Water Supply and Drainage Board authorities—to compensate him to the extent of ₹7,20,...2 MIN READ↗
Gujarat High Court
In composite negligence, an innocent pillion passenger may recover full compensation from any tortfeasor.
On 13 July 2017, Inkaben was travelling as a pillion rider on motorcycle No. GJ-16-BE-9447, driven by her husband, Sanjaybhai, from Kasak towards Zadeshwar. When a cow allegedly came onto the road, the motorcycle driv...3 MIN READ↗
Madhya Pradesh High Court
Arbitral business-loss awards cannot be reviewed on merits under Section 34 absent public-policy violations.
The appellants, Union of India and others, challenged the order dated 15 March 2016 passed by the Fifth Additional District Judge, Jabalpur, in M.J.C. No. 05/2008, whereby their application under Section 34 of the Arb...3 MIN READ↗
APTEL
Connectivity extension for 72.6 MW was granted subject to payment of accrued compensation.
Serentica Renewables India 4 Pvt. Ltd. (“SRI4PL”) proposed a 200 MW wind-power project at Kallam, Maharashtra, and applied for connectivity with a proposed start date and SCOD of 1 July 2024. After transition to the C...4 MIN READ↗
Chhattisgarh High Court
Maintainability of a Domestic Violence Act complaint involving shared household is ordinarily a matter of evidence.
Respondents 1 and 2—respectively the mother-in-law and sister-in-law of petitioner 6—filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (“DV Act”), alleging that petition...3 MIN READ↗
Chhattisgarh High Court
Functional disability must reflect occupational impact; a leg-amputee shopkeeper was assessed at 75%.
On 16 February 2020, the appellant was riding his motorcycle when a Bolero vehicle bearing registration No. CG-11-AR-3169, driven allegedly rashly and negligently by Respondent No. 1, collided with him. The appellant...3 MIN READ↗
Madhya Pradesh High Court
Procedural deviation in executing a Section 33-C(1) recovery certificate does not invalidate substantive orders absent prejudice.
The State preferred a writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005, challenging the order dated 15.05.2025 by which the learned Writ Court declined...3 MIN READ↗
Madras High Court
Legal heirs of deceased power agent liable only to extent of inherited estate; principal must prove specific dues, Madras HC rules
The appellant-plaintiff and the deceased P.A. Bansidhar were brothers. The plaintiff executed a registered power of attorney in favour of Bansidhar on 12 March 1998 to manage and alienate the plaintiff’s properties. B...5 MIN READ↗
Chhattisgarh High Court
Repeated refusal to resume cohabitation without sufficient cause establishes desertion warranting divorce.
The parties married on 25 April 2018 according to their social customs.4 MIN READ↗
Chhattisgarh High Court
A second appeal rendered infructuous by subsequent adjudication must be dismissed without examining merits.
The appellant-plaintiff filed the present second appeal against the judgment and decree dated 04.02.2017 passed by the Additional District Judge, Gariyaband, in Civil Appeal No. 23-A/2010.2 MIN READ↗
Manipur High Court
Defendants may file additional written statements addressing amendments carried out pursuant to an allowed pleading amendment.
The dispute arose from Original Suit No. 18 of 2003, described as a partition suit among coparceners, pending before the Court of the Civil Judge (Junior Division), Imphal West-I.3 MIN READ↗
Gujarat High Court
Contributory negligence cannot be attributed to a claimant without supporting evidence.
On 1 March 2004, at approximately 7:30 p.m., the claimant was returning after selling groundnuts while riding motorcycle No. GJ-11-J-8782. Near Bamangadh Village Chowkdi on the Junagadh–Bhesan Road, an Ambassador car...3 MIN READ↗No articles match these filters.