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sale deed, time bar
Posted inNews

Delhi High Court — “Suit challenging 1996 sale deed filed after 25 years is time-barred”, appeal dismissed under Order VII Rule 11 CPC

Court’s decision The Delhi High Court affirmed the judgment of the Additional District Judge dated 17 October 2025 rejecting the plaint at the threshold. The Court held that the plaintiff’s…
Posted by Rawlaw March 18, 2026
plaint
Posted inNews

Bombay High Court — “Plaint cannot be rejected when suit raises triable issues and continuing breach is pleaded”, interim application dismissed with costs

1. Court’s decision The Bombay High Court dismissed an interim application filed by a defendant seeking rejection of the plaint in a commercial suit concerning specific performance of a property…
Posted by Rawlaw March 17, 2026
auction
Posted inNews

Delhi High Court: ‘As is where is’ clause binds auction purchaser under SARFAESI— “Bank not liable for undisclosed UPSIDA dues absent proof of concealment; suit dismissed”

Court’s decision The Delhi High Court allowed the appeal filed by a secured creditor bank and set aside the Commercial Court’s decree that had directed reimbursement of statutory dues paid…
Posted by Rawlaw February 22, 2026
specific performance
Posted inNews

Bombay High Court refuses to reject 28-year-old specific performance suit at threshold—“Limitation and fraud are mixed questions”; Order VII Rule 11(d) plea dismissed

1. Court’s decision The Bombay High Court (Nagpur Bench) dismissed a Civil Revision Application filed under Section 115 of the Code of Civil Procedure challenging the trial court’s refusal to…
Posted by Rawlaw February 13, 2026
NO COMPENSATION
Posted inNews

Bombay High Court rejects suit for recovery of compensation against former trustee — ‘Consent under Sections 50 & 51 of MPT Act mandatory; Plaintiff’s own pleadings defeat trespass theory’

1. Court’s decision The Bombay High Court allowed the defendant’s application under Order VII Rule 11(d) of the Code of Civil Procedure and rejected the plaint filed by a public…
Posted by Rawlaw December 7, 2025
no breach
Posted inNews

Kerala High Court Dismisses Timber Merchant’s Appeal: “Breach of Contract Ceases When Agreement Expires—Suit Filed After Three Years Barred by Limitation”

Court’s Decision The Kerala High Court, comprising Justice Sathish Ninan and Justice P. Krishna Kumar, dismissed a timber merchant’s appeal seeking damages for alleged breach of contract against property owners…
Posted by Rawlaw October 29, 2025
verbal gift
Posted inNews

Supreme Court: “Courts Must Exercise Greatest Care in Accepting Verbal Gifts Set Up After Donor’s Death” — Oral Gift Fails, Plaintiff’s Suit Dismissed as Time-Barred

Court’s Decision The Supreme Court of India set aside the concurrent findings of the Trial Court and the Karnataka High Court, holding that the plaintiff failed to establish her title…
Posted by Rawlaw October 8, 2025
Delhi High Court: “Bar under Order XIII-A is attracted if a suit is originally filed under summary procedure” — Summary Judgment Set Aside for Violation of Procedural Mandate
Posted inNews

Delhi High Court: “Bar under Order XIII-A is attracted if a suit is originally filed under summary procedure” — Summary Judgment Set Aside for Violation of Procedural Mandate

Court’s Decision The Delhi High Court set aside the Commercial Court’s order directing the petitioner to deposit ₹19.50 lakhs by way of a summary judgment under Order XIII-A of the…
Posted by Rawlaw August 7, 2025
trespassers
Posted inNews

Calcutta High Court Refuses Judgment on Admission in Possession Suit Against Alleged Trespassers: “Adverse Possession Plea Goes to Root of the Case, Precludes Summary Decree”

Court’s Decision The Calcutta High Court dismissed an application under Order XII Rule 6 of the Code of Civil Procedure seeking a judgment on admission in a suit for eviction,…
Posted by Rawlaw July 30, 2025

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