#Civil Law

The court held that limitation under Article 58 for challenging registered settlement deeds begins from the registration date, as Section 3 TPA deems constructive notice to all parties. A plaintiff residing with the executants cannot claim ignorance of deeds registered in 2004 and 2009 until filing suit in 2024. The ruling reinforces that registered documents impart immediate legal knowledge regardless of actual awareness.

The Calcutta High Court set aside an interim injunction in a defamation suit, ruling the trial court erred by not applying the Bonnard Principle. A plaintiff must prove the defence of truth is certain to fail at trial - not merely establish a prima facie case - to obtain pre-trial restraint. The decision raises the threshold for interim relief in defamation, strengthening free speech protections.

In a recovery suit for malicious prosecution over a disputed caste certificate, the Delhi High Court held that acquittal does not ipso facto prove malice or want of reasonable cause; the plaintiff must independently establish both elements and quantify damages with evidence. The decision reinforces the stringent burden in tort claims against state prosecutors.

The Calcutta High Court held that an oral agreement for land sale, evidenced by parties' conduct, establishes a prima facie case for specific performance warranting a temporary injunction. The court ruled the suit does not fall under the Commercial Courts Act, and a plea for alternative damages does not disentitle the plaintiff from injunctive relief.

The Calcutta High Court ruled that an insufficiently stamped agreement for sale in a specific performance suit must be impounded under the Indian Stamp Act rather than leading to dismissal of the suit. The court remanded the matter for payment of deficit stamp duty and adjudication on merits, clarifying that stamp deficiency is a curable procedural defect, not a substantive bar to relief.

A Madras High Court second appeal confirmed that an ex-parte decree under Section 28 of the Specific Relief Act can be set aside when the balance sale price is deposited after an unreasonable delay. The decision upholds the 1988 sale deed and signals that delayed payments defeat specific-performance orders, affecting buyers and sellers in property deals.

The Supreme Court confirmed that a decree issued by Ras Al Khaimah’s Investment Authority is enforceable in India under Section 44A CPC, dismissed a contempt petition based on an ambiguous undertaking, and mandated the respondents to furnish an additional security of Rs 200 crore, leaving any corporate veil-piercing questions to the execution courts. This clarifies cross-border decree enforcement and limits contempt claims tied to vague undertakings.

The Supreme Court affirmed that a High Court may set aside arbitration awards of a cooperative society only when the award breaches statutory provisions, confirming the narrow reach of certiorari under Articles 226/227. This limits judicial interference in internal cooperative disputes, affecting societies and members alike.

An oral, temporary settlement among co-owners does not meet the legal definition of a partition, so the Delhi High Court allowed a fresh partition suit despite earlier compromise orders. The decision confirms informal compromises cannot bar new partition actions under Order VII Rule 11 CPC, affecting joint-family property litigants.

The Supreme Court set aside the Indore High Court’s dismissal of a co-ownership suit, restoring the lower courts’ decree. It held that Section 100 CPC permits appellate review only on substantial questions of law, revenue mutations do not extinguish title and limitation begins when the impediment is discovered, shaping future land co-ownership litigation.

The Supreme Court affirmed the Bombay High Court’s order barring oral testimony on internal documents, stressing that earlier exclusions are binding under res judicata and imposing a Rs 10 lakh cost on Reliance. The ruling underscores finality of evidentiary rulings in commercial contract disputes.

A Registrar’s Exhibit-8 memorandum conclusively establishes a firm’s registration, and a money-recovery claim filed after the limitation period is barred under Section 69(2) of the Indian Partnership Act and the Limitation Act, affecting partners seeking recovery.

The Delhi High Court ruled that a claim of residence under Section 17 of the Domestic Violence Act does not stay a civil suit for possession, as the Act offers only protective relief, not a bar to eviction. Property owners can therefore proceed with eviction even when the occupant invokes a residence right under the DVA. This clarifies the limited scope of Section 17 in property disputes.

The Calcutta High Court held that clear admissions of title and unchallenged tax receipts justify a judgment on admission, yet because the trial court did not examine the merits, the case must be remanded for a fresh trial. This clarifies that judgment on admission does not replace a full merits assessment in partition disputes, impacting parties relying on admitted title.

An Odisha High Court ruling confirms that the date recorded on a death certificate issued under the Registration of Births and Deaths Act cannot be contested by an employer unless corrected by law. This makes the certificate a conclusive public document for settling service-related claims. The decision safeguards families of deceased employees from arbitrary denial of benefits.