Search Results for "Decree"

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Supreme Court Allowed Eviction Suit – Bona Fide Need of Landlord Duly Established – High Court and First Appellate Court Orders Set Aside.

Eviction of Tenant on Grounds of Bona Fide Need – Premises Required for Installation of Ultrasound Machine for Landlord’s Unemployed Sons The Sup...

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Supreme Court Addresses Misconduct by Advocates-on-Record and Senior Advocates; Calls for Reforms in Senior Advocate Designation Process

Court Emphasizes Ethical Standards, Accountability, and the Need for Robust Guidelines to Uphold Integrity in the Legal Profession The court recalle...

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Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...

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Bar on Testamentary Disposition of Tenanted Land – Protection of Possession under Section 53A of the Transfer of Property Act – Appreciation of Oral and Documentary Evidence – Injunction and Declaration of Title – Relevance of Admissions in Evidence

Statutory Bar under Section 43 Upheld – Held that testamentary disposition of tenanted land was barred, and the Will relied upon by the defendants w...

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Civil Suit for Declaration of Title and Possession — Res Judicata, Limitation, and Representative Suit Discussed — Supreme Court Set Aside High Court’s Decree and Dismissed the Suit.

A suit filed in a representative capacity cannot override the conclusive effect of a decree already attained finality, and res judicata shall bar any ...

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Adoption Does Not Divest Rights in Self-Acquired Property: Bombay High Court Upholds First Appellate Court’s Decision. Court Rules Adoption Does Not Affect Title Over Property Purchased Independently – Legal Effect of Adoption Deed Examined

Adoption and Property Rights: The Bombay High Court held that adoption does not divest an individual of rights over self-acquired property. The proper...

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Supreme Court Dismissed Habeas Corpus Petition as Infructuous—Claim of Defamation by Petitioner Held Misconceived. Habeas Corpus—Police Statement on Divorce Decree—Alleged Defamation—No Basis Found

The Supreme Court dismissed the petition. Habeas Corpus petition becomes infructuous once the detenue is located—further inquiry is unnecessary. (Pa...