The Complete Supreme Court Annual Digest- 2023 [Part-III]

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Rashida Begum @ Rashida Khatun v. Union of India, 2023 LiveLaw (SC) 85 Centre's decision to bar OCI (Overseas Citizens of India) students from general seats will apply to only those who register as OCIs after 04.03.2021. Anushka Rengunthwar v. Union of India, 2023 LiveLaw (SC) 73 : AIR 2023 SC 903 Civil Law Cause of action for redemption suit is successive, second suit by mortgagor not barred by default dismissal of first suit. Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189 Decree of possession can't be passed in favour of plaintiff merely because defendants could not fully establish their title. Smriti Debbarma v. Prabha Ranjan Debbarma, 2023 LiveLaw (SC) 19 : AIR 2023 SC 379 : (2023) 1 SCR 355 Documents can be produced during cross-examination in civil trial to confront the party to suit or witness. Mohammed Abdul Wahid v. Nilofer, 2023 LiveLaw (SC) 1061 : (2024) 2 SCC 144 Error which has to be detected by a long drawn process of reasoning is not an 'error apparent on the face of record' for review. Arun Dev Upadhyaya v. Integrated Sales Service Ltd., 2023 LiveLaw (SC) 506 : AIR 2023 SC 3845 : (2023) 8 SCC 11 Execution petition can't be dismissed as inexecutable merely because property's possession is lost to a third party. Ved Kumari v. Municipal Corporation of Delhi, 2023 LiveLaw (SC) 712 : AIR 2023 SC 4155 First and second appeal arising out of two suits with same parties & common property in dispute can't be clubbed. Seethamal v. Narayanasamy, 2023 LiveLaw (SC) 342 For res judicata to apply, the previous suit should have been decided on merits : supreme court explains principles. Prem Kishore v. Brahm Prakash, 2023 LiveLaw (SC) 266 High Court cannot admit a regular second appeal without framing substantial questions of law. Bhagyashree Anant Gaonkar v. Narendra@ Nagesh Bharma Holkar, 2023 LiveLaw (SC) 688 In the second appeal, the High Court must frame a substantial question of law at the admission stage itself ordinarily. Suresh Lataruji Ramteke v. Sumanbai Pandurang Petkar, 2023 LiveLaw (SC) 821 : AIR 2023 SC 4794 Judgment debtor can't be allowed to take undue advantage by invoking a plea of lack of jurisdiction at the execution stage. Mumtaz Yarud Dowla Wakf v. Badam Balakrishna Hotel Pvt. Ltd., 2023 LiveLaw (SC) 920 'Lis Pendens' under O. XXI Rule 102 CPC to transfer after suit's dismissal - Executing Court should determine if transfer was before appeal. Jini Dhanrajgir v. Shibu Mathew, 2023 LiveLaw (SC) 450 : AIR 2023 SC 2567 'Litigants become disillusioned' : Supreme Court expresses anguish at long pendency of civil cases; issues directions for speedy disposals. Yashpal Jain v. Sushila Devi, 2023 LiveLaw (SC) 916 Non-Participation in a proceeding of a restitution of conjugal rights has civil consequences. Poonam Anjur Pawar vs Ankur Ashokbhai Pawar, 2023 LiveLaw (SC) 579 Order 17 Rule 3 CPC - Suit can be decided on merit if there is some material, though it may not be strictly "evidence". Prem Kishore v. Brahm Prakash, 2023 LiveLaw (SC) 266 Order 41 Rule 17 CPC - Appeal can't be dismissed on merits if appellant fails to appear; to be dismissed for non-prosecution. Benny Dsouza v. Melwin Dsouza, 2023 LiveLaw (SC) 1032 Order 41 Rule 22 CPC - Cross objections have all trappings of regular appeal; must be considered in full. Dheeraj Singh v. Greater Noida Industrial Development Authority, 2023 LiveLaw (SC) 493 : AIR 2023 SC 3110 Order 41 Rule 23A CPC - Appellate Court can't remand suit for de novo trial merely because a particular evidence has not been adduced. Sirajudheen v. Zeenath, 2023 LiveLaw (SC) 145 Order V Rule 2 of Civil Procedure Code requires service of summons with plaint. National Insurance Company Ltd. v. National Building Construction India Ltd; 2023 LiveLaw (SC) 800 Order VII Rule 11 CPC - Appropriateness of prayer sought is not an issue to be considered while deciding application seeking rejection of plaint. Sajjan Singh v. Jasvir Kaur, 2023 LiveLaw (SC) 517 Order VII Rule 11 CPC - Inconsistencies in plaint averments not a sufficient reason to reject plaint. G. Nagaraj v. B.P. Mruthunjayanna, 2023 LiveLaw (SC) 311 Order VII Rule 11 CPC - No evidence or merits of controversy can be examined while deciding rejection of plaint. Eldeco Housing and Industries Ltd. v. Ashok Vidyarthi, 2023 LiveLaw (SC) 1033 Order VII Rule 11 CPC - Plaint to be rejected if it is vexatious, illusory cause of action and barred by limitation. Ramisetty Venkatanna v. Nasyam Jamal Saheb, 2023 LiveLaw (SC) 372 Order XLI Rule 5 CPC - Mere filing of appeal would not operate as a stay of decree. Sanjiv Kumar Singh v. State of Bihar, 2023 LiveLaw (SC) 63 Order XVII Rule 2 CPC - Court can proceed only against an...

The Complete Supreme Court Annual Digest- 2023 [Part-III]

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

The Complete Supreme Court Annual Digest- 2023 [Part-III]

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers