Where a mutation is sought to be entered on the basis of a Will, the plea that the Will must first be proved before mutation is entered cannot be sustained, particularly when the party raisi..

O.18 R.17 CPC does not give either party the right to further examine or cross-examine a witness who has already been examined -- This provision empowers only the Court to put questions to s..

Where a private transfer or delivery of attached property is made pursuant to a sale agreement that was entered into and registered before the attachment was made, such a transfer does not f..

A co-owner cannot file a suit for permanent or mandatory injunction against another co-owner, even if different co-owners are separately holding and possessing distinct portions of the joint..

The right to life and personal liberty under Article 21 of the Constitution of India is independent of the validity of a marriage or nikah and must be protected even where the marriage is vo..

Mediclaim reimbursement received under a contractual health insurance policy, obtained through payment of premiums, is not deductible from compensation awarded under the Motor Vehicles Act, ..

A matrimonial appeal challenging a divorce decree must be adjudicated on merits and cannot be dismissed or disposed of solely on the ground of non-payment of maintenance arrears by the appel..

A second application under Order VII Rule 11 of the Code of Civil Procedure, 1908 seeking rejection of a plaint is barred by res judicata if the same issue was directly and substantially dec..

When suit land had already been sold to the defendant and converted into residential land, and patta was issued to various persons, the plaintiff could not maintain a suit for permanent inju..

Writ petition challenging an order passed in mutation proceedings is not maintainable where no exceptional circumstance exists and an efficacious alternative remedy before the competent Civi..

A spouse who engineers the breakdown of marriage through wrongful conduct, including contracting a second marriage during subsistence of the first, cannot invoke that breakdown as a cause of..

While considering an application for condonation of delay, it is the sufficiency of the cause shown that is of paramount importance -- Neither the length of the delay nor the number of days ..