The Madhya Pradesh High Court has reiterated that a suit for permanent injunction is maintainable without seeking a declaration of title when the plaintiff’s title is clear and not under a legal “cloud.” A mere wrongful claim by the defendant cannot compel the plaintiff to file a declaratory suit.
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Cheque as Valid Tender in Decree Satisfaction
In a significant ruling, the Madhya Pradesh High Court (Indore Bench) has clarified that payment by cheque constitutes a valid legal tender for satisfying a court decree unless the decree specifically requires another mode of payment. In Parth Credit and Capital Market Pvt. Ltd. v. Ideal Electronics Pvt. Ltd., Justice Alok Awasthi held that an executing court cannot impose new…
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Order 41 Rule 21 CPC: When can an ex-parte appeal be reheard?
The Madhya Pradesh High Court’s order dated 15 January 2026 in MCC No. 2808 of 2025 (Dayaram @ Dayla (Deceased) through LRs Anter Singh & Ors. v. Smt. Raju Bai & Ors.) is not a decision on land rights, partition, or succession in the usual sense. It is, instead, a decision about something more foundational: the integrity of hearing itself,…
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Will, Mutation & Sale Deed Set Aside: MP High Court Upholds Heirs’ Rights Over Disputed Land (FA No. 833/2000 in MP High Court at Jabalpur)
The Madhya Pradesh High Court at Jabalpur, in First Appeal No. 833/2000, decided on 15 January 2026, upheld a trial court decree that cancelled a disputed Will and the transactions based on it. The case involved a conflict between the legal heirs of a deceased landowner and persons claiming title through a Will and a subsequent sale deed. Background of…
