No Appeal Against Decree/Order In ‘Section 6 Suit’ For Recovery Of Possession, SC Reminds Courts [Read Order]
6 years, 6 months ago

No Appeal Against Decree/Order In ‘Section 6 Suit’ For Recovery Of Possession, SC Reminds Courts [Read Order]

Live Law  

‘It is surprising that in a Section 6 Suit, appeals have solemnly been filed and heard on merits. What is even more surprising is that from the first appeal dismissal, a second appeal is also filed and dismissed.’The Supreme Court, while dismissing a special leave petition, reminded the courts that ‘Section 6 Suit’ is of summary nature and no appeal lies against it.A suit under Section. What is even more surprising is that from the first appeal dismissal, a second appeal is also filed and dismissed.’ The Supreme Court, while dismissing a special leave petition, reminded the courts that ‘Section 6 Suit’ is of summary nature and no appeal lies against it. The bench of Justice Rohinton Fali Nariman and Justice Indu Malhotra, dismissing the SLP filed against these orders, said: “It is surprising that in a Section 6 Suit, appeals have solemnly been filed and heard on merits. We need to remind the Courts below that Section 6 of the Specific Relief Act, 1963 shows that the remedy under Section 6 is summary in nature and that no appeal lies.”

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History of this topic

Single-Judge Allowing Withdrawal With Liberty To Revive Contempt Plea During Pendency Of Appeal Is Unnecessary Intrusion In Appellate Jurisdiction: P&H HC
2 months, 2 weeks ago

Single-Judge Allowing Withdrawal With Liberty To Revive Contempt Plea During Pendency Of Appeal Is Unnecessary Intrusion In Appellate Jurisdiction: P&H HC

Live Law  

The Punjab & Haryana High Court has said that single judge passing order allowing to withdraw the contempt plea with liberty to revive it during the pendency of appeal is unnecessary intrusion into the appellate jurisdiction. Justice Sureshwar Thakur and Justice Sudeepti Sharma said the passing of the order by the single bench "is unnecessarily intrudes into the exercise of …

Disputes Over Title Cannot Be Adjudicated In Suits U/S 6 Of Specific Relief Act: Jharkhand High Court
3 months, 3 weeks ago

Disputes Over Title Cannot Be Adjudicated In Suits U/S 6 Of Specific Relief Act: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that the title for ownership in regard to the property in question is not to be adjudicated under Section 6 of the Specific Relief Act, 1963. Justice Subhash Chand, while dismissing a Civil Miscellaneous Petition challenging a trial court's rejection of an impleadment application, reiterated, “the suit was for recovery of the possession under …

Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court
1 year, 1 month ago

Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court

Live Law  

Recently, the Supreme Court reiterated the well-established position of law that under Section 34 of the Specific Relief Act of 1963, a suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession. The section provides that courts have discretion as to declaration of status or right, however, it carves out …

S.6 SRA | Limitation Period For Instituting Suit For Recovery Of Possession Is 6 Months: Punjab & Haryana High Court
2 years, 8 months ago

S.6 SRA | Limitation Period For Instituting Suit For Recovery Of Possession Is 6 Months: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has recently held that period of limitation for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act, 1963 is six months. The period of limitation prescribed for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act is six months. The bench comprising …

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court
3 years, 4 months ago

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court

Live Law  

The Supreme Court observed that an appeal against conviction cannot be treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court.Merely for execution of the sentence, an appeal against conviction cannot be treated as infructuous, the bench comprising Justices Dinesh Maheshwari and Vikram Nath said.In this case, a. The …

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