22 judgments match your search. Search by party name, citation (e.g. LOK 2026 (10) Ker. 5), case number, judge or words in the judgment, or pick a date of decision.
LOK 2026 (11) Ker. 61 · High Court of Kerala
Equivalent citations: 2026 KER 85111
Where a counsel reports “no instructions” and the absent party is informed neither by the counsel nor by the court, an ex parte decree passed without any evidence ought to be set aside under Order IX Rule 13 so that the suit is decided on merits.
LOK 2026 (11) SC 66 · Supreme Court of India
Equivalent citations: 2026 INSC 1207
Balance-sheet entries carrying a debt forward can be an acknowledgment under Section 18 of the Limitation Act; a plaint cannot be rejected under Order VII Rule 11 CPC by weighing evidence on whether liability exists.
LOK 2026 (3) SC 2511 · Supreme Court of India
Equivalent citations: 2026 INSC 292
Dismissal of a suit for default is not res judicata, but decree-holders who abandoned their own suits challenging the obstructors’ sale deeds cannot revive that dispute in execution; doing so is an abuse of process.
LOK 2023 (5) SC 17 · Supreme Court of India
Equivalent citations: 2023 INSC 471 : AIR 2023 SC 2140 : (2023) 9 SCC 753 : 2023 (7) Scale 531 : 2023 KLT (Online) 1412
Notice under Section 16 of the Carriage by Road Act, 2007 is required only for claims for loss of or damage to the consignment; a counter-claim against a common carrier for loss of business, reputation and idling cannot be rejected for want of such notice.
LOK 2019 (4) SC 21 · Supreme Court of India
Equivalent citations: 2019 INSC 454 : JT 2019 (4) SC 14 : 2019 KLT (Online) 3003 : 2019 (5) Scale 672 : (2019) 4 SCC 367 : 2019 (263) Taxman 354 : 2019 KHC 3050
The appellant sued for a declaration that he owned a shop purchased in the name of his father, the first defendant, pleading that he had funded the purchase himself and that his father had executed a writing in 2002 acknowledging his ownership; he also sought cancellation of a 2006 sale deed executed by the father in favour of the second defendant. Nine years after filing his written statement, the second defendant applied under Order VII Rule 11 CPC to reject the plaint as barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988. The trial court rejected the plaint and the High Court affirmed, holding that the suit was clearly hit by Section 4.
LOK 2019 (4) SC 22 · Supreme Court of India
Equivalent citations: 2019 INSC 452 : 2019 (5) Scale 689 : (2019) 4 SCC 348 : 2019 KHC 6388
The appellant sued the municipal corporation for a declaration that its change in the alignment of a street line affecting his land was illegal and ultra vires, and for an injunction restraining it from constructing a road through the property. The trial court decreed the suit, the first appellate court reversed and dismissed it, and the High Court dismissed the second appeal.
LOK 2018 (3) SC 124 · Supreme Court of India
Equivalent citations: AIR 2018 SC 2637 : JT 2018 (3) SC 250 : 2018 (4) Scale 266 : (2018) 4 SCC 587 : 2018 KHC 6183
A writ appeal must be decided with reasons on the issues raised; a court cannot leave the appeal unreasoned and then decide the merits in a review, whose scope under Order 47 Rule 1 CPC is limited.
LOK 1952 (8) SC 181 · Supreme Court of India
Equivalent citations: [1954] 1 S.C.R. 380 : 1952 INSC 29
Writ of mandamus cannot be issued to compel university syndicate to alter examination results or appointments made in good faith.
LOK 1952 (8) Ker. 142 · High Court of Kerala
Equivalent citations: 1952 KLT 599 : 1952 KHC 110
In the absence of a specific statutory enabling provision (such as S. 5 of the Cochin Tenancy Act XV of 1113 or S. 6 of the Malabar Compensation for Tenants’ Improvements Act I of 1900), a mortgagee-defendant cannot claim in execution the value of improvements…
LOK 1952 (3) SC 172 · Supreme Court of India
Equivalent citations: [1952] 1 S.C.R. 583 : 1952 INSC 13
Writ of certiorari cannot be issued to correct mere errors of fact or law committed by statutory transport authorities acting within jurisdiction.
LOK 1951 (5) SC 47 · Supreme Court of India
Equivalent citations: [1951] 1 S.C.R. 548 : 1951 INSC 29
Partition decree challenge; general allegations of fraud and undue influence without precise particulars cannot be entertained in civil pleadings.
LOK 1951 (5) SC 21 · Supreme Court of India
Equivalent citations: [1951] 1 S.C.R. 534 : 1951 INSC 27
Second appeal under Section 100 CPC; High Court cannot re-examine factual findings of lower courts regarding boundary extents of ghatwali tenure.
LOK 1951 (3) SC 54 · Supreme Court of India
Equivalent citations: [1951] 1 S.C.R. 292 : 1951 INSC 15
Application to set aside court auction sale in execution of decree; requirement of showing material irregularity and substantial injury.
LOK 1951 (3) SC 25 · Supreme Court of India
Equivalent citations: [1951] 1 S.C.R. 258 : 1951 INSC 14
Production of additional evidence in appellate court; power under Order 41 Rule 27 CPC can be exercised only if court requires document to enable it to pronounce judgment.
LOK 1951 (2) SC 93 · Supreme Court of India
Equivalent citations: [1951] 1 S.C.R. 277 : 1951 INSC 9
Suit for specific performance of contract to sell land; plaintiff failing to prove contract may be granted money decree for advance admitted by defendant under Section 70 Contract Act.
LOK 1951 (1) SC 123 · Supreme Court of India
Equivalent citations: [1951] 1 S.C.R. 138 : 1951 INSC 2
Execution of decree; confirmation of auction sale under Order 21 Rule 92 CPC vests title in purchaser; failure to object within limitation bars separate suit.
LOK 1950 (12) SC 16 · Supreme Court of India
Equivalent citations: 1950 SCR 852 : 1950 INSC 34
Execution of decree; limitation period under Section 48 CPC; concealment of assets and fraud by judgment debtor.
LOK 1950 (11) SC 211 · Supreme Court of India
Equivalent citations: 1950 SCR 781 : 1950 INSC 29
Appellate court's jurisdiction to interfere with trial court's finding of fact based on oral testimony of witnesses.
LOK 1950 (10) SC 132 · Supreme Court of India
Equivalent citations: 1950 SCR 754 : 1950 INSC 24
Civil Procedure Code; res judicata when two appeals arise out of a single suit decree and one appeal is dismissed for non-prosecution.
LOK 1950 (10) SC 123 · Supreme Court of India
Equivalent citations: 1950 SCR 747 : 1950 INSC 22
Execution of decree for possession; registration of decree/document.