Search Results for "Second Appeal"

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Search Results for "Second Appeal"

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Supreme Court

Supreme Court Remands Land Encroachment Case to High Court for Failure to Address Substantial Question of Law. High Court formulated question regarding sustainability of concurrent findings after surveyor's report but dismissed second appeal without deciding it, necessitating remand for proper adjudication under Code of Civil Procedure, 1908.

21 Sep 2021

The dispute originated from a civil suit filed by the appellant (plaintiff) alleging encroachment by two defendants on land purchased in 1995. The pla...

Supreme Court

Supreme Court Dismisses Defendant in Eviction Suit Due to Misuse of Adjournments and Failure to Cross-Examine. Closure of Cross-Examination Right Upheld as Defendant Sought Repeated Adjournments Despite Last Opportunities and Costs, Violating Procedural Cooperation Under Code of Civil Procedure, 1908.

20 Sep 2021

The Supreme Court dealt with a special leave petition challenging orders that closed the defendant's right to cross-examine the plaintiff's witness in...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control and Municipal Demolition Case, Upholding Tenant's Statutory Protection and Damages Award. The Court affirmed that statutory protection under the Karnataka Rent Control Act, 1961 overrides municipal demolition powers under the Karnataka Municipal Corporations Act, 1976, and that the tenant's suit for damages was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908.

14 Sep 2021

The dispute originated from the demolition of a rented building by the Bangalore City Corporation, leading to litigation between the tenant and the la...

Supreme Court

Supreme Court Upholds Husband in Divorce Case Based on Irretrievable Breakdown of Marriage Under Article 142 of Constitution. Marriage Dissolved as Parties Lived Apart for Almost Two Decades and Reconciliation Was Impossible, Despite Lack of Statutory Ground in Hindu Marriage Act, 1955.

13 Sep 2021

The dispute involved a husband and wife who married in 2002 under Hindu rites, but the marriage never consummated and broke down immediately, with the...

Supreme Court

Supreme Court Dismisses Appeals in Land Title and Specific Performance Dispute, Upholding High Court's Reversal of First Appellate Court Decree. High Court Correctly Exercised Jurisdiction Under Section 100 CPC by Framing Substantial Question of Law on Genuineness of Agreement to Sell and Examining Document Under Section 73 Evidence Act, 1872.

9 Sep 2021

The dispute arose from two civil suits concerning land transactions in Karnataka. The respondent, as plaintiff in the first suit (OS No.20/1985), soug...

Supreme Court

Supreme Court Allows Appeal in Property Injunction Suit, Reversing High Court's Remand Order. Suit for Permanent Injunction Without Declaration of Title Held Maintainable Under Principles from Anathula Sudhakar Case, as Possession Was Established and Title Not Directly in Issue, Restoring Trial Court Decree Based on Concurrent Findings of Fact.

7 Sep 2021

The dispute arose from a civil suit filed by the appellant-plaintiff seeking a permanent injunction to restrain the respondent-defendant from trespass...

Supreme Court

Supreme Court Dismisses Appeal in Title Suit Over Land Ownership Due to Insufficient Proof of Title. Plaintiffs Failed to Establish Ownership Over Suit Land Despite Claims Based on Oral and Decreed Partitions, Leading to Upholding of Trial Court's Dismissal.

7 Sep 2021

The dispute originated from a title suit filed in 1967 by Banaras Sah, acting for himself and as legal guardian of his six minor sons, against Krishna...

Supreme Court

Supreme Court Dismisses Appeal in Title Suit Over Land Ownership and Possession. Plaintiffs' Title Established Through Partition Evidence and Mutation Application, Supporting Decree for Possession Against Defendant's Legal Representatives.

7 Sep 2021

The dispute originated from a title suit filed in 1967 by Banaras Sah, acting for himself and as legal guardian of his six minor sons, against Krishna...

Supreme Court

Supreme Court Allows Plaintiff in Property Injunction Suit by Reversing High Court Judgment on Maintainability and Jurisdiction. The Court held that a suit for bare injunction is maintainable without a declaration prayer even when title is disputed, and the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure, 1908 by reappreciating evidence.

2 Sep 2021

The dispute originated from a suit filed by the plaintiff seeking perpetual injunction to restrain the defendants from interfering with the peaceful p...

Supreme Court

Supreme Court Allows Plaintiff in Mortgage Redemption Suit Under Transfer of Property Act, 1882, Reversing Lower Court Dismissals. The Court Held That a Document Titled 'Conditional Sale Deed' Was a Mortgage by Conditional Sale Under Section 58(c), Entitling the Plaintiff to Redeem the Property Upon Repayment.

13 Aug 2021

The dispute arose from a transaction dated 22.2.1969, where the plaintiff borrowed Rs. 3,000 from defendant No. 1 and executed a document titled 'cond...

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