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Civil procedure

Mageba Bridge Products Private Limited v. M/s Trade Centre

The Supreme Court held the respondent firm’s registration was proved, but dismissed the recovery suit as time-barred. Section 14 did not save limitation.

  • Suit for recovery of money
  • Registration of partnership firm
  • Section 69(2) of the partnership act, 1932
  • Section 14 of the limitation act, 1963
  • Acknowledgment of debt
  • Part-payment
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Constitutional law

Karnataka Power Transmission Corporation Limited v. Rekha & Ors.

The Supreme Court held that writ petitions for electrocution compensation are not maintainable where disputed facts exist, and compensation must be assessed on a just, fair basis.

  • Maintainability of writ petition under article 226
  • Electrocution compensation
  • Strict liability
  • Absolute liability
  • Compensation methodology
  • Disputed questions of fact
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Family law

Harpreet Sawhney v. Puneet Sharma

The Supreme Court reconsidered maintenance, enhanced the wife’s monthly support to Rs.30,000 and the children’s to Rs.1,50,000 total, and held PF/ESPP deductions are not compulsory.

  • Enhancement of maintenance
  • Child maintenance
  • Interim maintenance
  • Assessment of income for maintenance
  • Provident fund deductions
  • Espp deductions
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Civil procedure

A.K. GHOSH & COMPANY AND OTHERS versus BIMAN BOSE AND OTHERS

The Supreme Court held that a plaintiff in a commercial suit must file a reply to a counter-claim within the Order VIII Rule 1 time limits, and upheld dismissal of the belated reply.

  • Written statement to counter-claim
  • Order viii rule 1 cpc
  • Order viii rule 6a cpc
  • Order viii rule 6g cpc
  • Order xliii cpc
  • Maintainability of appeal
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Civil procedure

KRISHNA KUMAR OJHA & ORS. versus JITENDRA CHAUDHARY & ORS.

Supreme Court held a compromise decree void under Order XXIII Rule 3 CPC where defendant no. 5 had not signed and no valid authority or exigent circumstance was shown.

  • Compromise decree
  • Order xxiii rule 3 cpc
  • Advocate's authority to compromise
  • Fraud
  • Delay and limitation
  • Partition suit
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Civil procedure

MAKARDHWAJ RAM versus JAGDISH RAI (DEAD) TH. LRS. & ANR.

Supreme Court held that the suit was not barred by constructive res judicata and restored the concurrent findings in the appellant’s favour.

  • Constructive res judicata
  • Section 11 cpc
  • Declaration of title and possession
  • Mutation of revenue records
  • Sale deed cancellation
  • Inter-family property dispute
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Property law

DARUBAI & ANR. versus KAMALABAI & ORS.

Supreme Court held that heirs under Section 8 of the Hindu Succession Act take as tenants-in-common with separate shares, so karta-based legal necessity did not apply.

  • Partition
  • Possession
  • Joint tenancy
  • Tenancy-in-common
  • Rule of survivorship
  • Section 8 of the hindu succession act, 1956
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Civil procedure

JENNIFER MESSIAS versus LEONARD G LOBO

Supreme Court held that the partition decree was executable on its terms and set aside the High Court’s order that had halted execution pending a fresh final decree.

  • Preliminary decree
  • Final decree
  • Execution proceedings
  • Partition suit
  • Order xx rule 18 cpc
  • Order xx rule 12 cpc
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.