Search Results for "dismissal of suit"

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Supreme Court Allows Appeal by Defendants in Property Dispute, Reinstating Dismissal of Suit for Lack of Proof of Oral Partition and Will. High Court's Decree Set Aside as Perverse and Beyond Scope of Second Appeal Under Section 100 CPC, with Findings Based on Irrelevant Documentary Evidence.

The dispute involved a property claim by the plaintiffs, who sought a declaration that a sale deed executed by the first defendant in favor of the sec...

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Supreme Court Dismisses Appeals in Property Dispute, Upholds Deletion of Issues and Rejection of Section 151 Application. Court holds that Order XIV Rule 5 CPC allows deletion of issues at any stage and Section 151 CPC cannot be used to circumvent specific provisions like Order VII Rule 11 CPC.

The case involves a property dispute over CB-97, Naraina Village, Delhi Cantt. The appellants (defendants in the suit) challenged two orders of the De...

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Supreme Court Dismisses Appeal in Limitation Dispute Over Alternative Plot Allotment. Concurrent Findings on Time-Barred Declaratory Suit Upheld Under Article 136 of Constitution, Applying Limitation Act 1963 Provisions to Determine Starting Point of Limitation.

The appeal arose from a civil suit filed by the appellants seeking declaratory reliefs regarding ownership of an alternative residential plot allotted...

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Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

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Supreme Court Allows Appeal in Partition Suit — School Leaving Certificate Not Properly Proved Under Section 35 Evidence Act. Release Deed Executed by Major Plaintiff Valid Despite Absence of Fraud or Coercion.

The case involves a partition suit filed by C. Jayarama Reddy (plaintiff) against his three brothers (defendants 1-3) and subsequent purchasers (defen...

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Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

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Supreme Court Allows Revocation of Probate in Will Case Due to Fraud and Non-Issuance of Citation. Probate Granted Without Notice to Legal Heir Set Aside as Obtained by Suppression of Facts and Forged No-Objection Certificate.

The appeal arose from a judgment of the Calcutta High Court dismissing an application for revocation of probate. The appellant, Manju Puri, daughter o...

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Supreme Court Dismisses Lessee's Claim for Damages in Wild Life Sanctuary Case — No Right to Compensation Without Acquisition. Notification Under Section 18 of Wild Life (Protection) Act, 1972 Does Not Confer Right to Damages for Loss of Use.

The Supreme Court dismissed the appeal filed by M/s Natesan Agencies (Plantations), a partnership firm, against the judgment of the Madras High Court ...