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Search Results for "Decree"

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Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

Supreme Court

Supreme Court Condones Delay in Filing Second Appeal by the State – Upholds High Court's Order Allowing Condonation of Delay. Condonation of Delay – Sufficient Cause – Merits of the Case – Liberal Approach for State Litigations

21 Mar 2025

Delay in government litigation should not be condoned automatically, but a liberal approach may be taken when public interest is involved. Substantial...

Supreme Court

Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

20 Mar 2025

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...

Supreme Court

Title Dispute Over Suit Property – Second Appeal Allowed – Lower Court Findings Reversed. High Court set aside concurrent findings of the Trial and First Appellate Court – Plaintiff failed to establish ownership through title deeds – Revenue records do not confer title – Suit for injunction without proving ownership not maintainable – Appeal dismissed.

19 Mar 2025

High Court correctly held that plaintiff’s documents did not prove ownership. Revenue records are not conclusive proof of title. Oral partition clai...

Supreme Court

Supreme Court Reiterated Doctrine of Merger in Execution Proceedings – Decree of Trial Court Merges with Appellate Court’s Decision. Executing Court Cannot Modify or Extend the Decree Passed by the Appellate Court – Delay in Execution Not a Ground for Challenge – Section 53A of Transfer of Property Act, 1882, Not Applicable When Buyer Had Knowledge of Pending Litigation

19 Mar 2025

Doctrine of Merger Applies to Execution Proceedings – Para 24 Section 53A Not Applicable When Agreement Executed During Pending Litigation – Para ...

High Court

Bombay High Court Refused Permission to Abandon Part of Declaration Claim at the Appellate Stage.

18 Mar 2025

Order XXIII Rule 1(1) of the Code of Civil Procedure, 1908 – Right to Withdraw Suit or Abandon Part of Claim – Appellate Stage – Effect of Trial...

Supreme Court

Negotiable Instruments Act, 1881 – Section 138 – Insolvency and Bankruptcy Code, 2016 – Section 14, Section 17 – Criminal Procedure Code, 1973 – Section 482 – Moratorium under IBC bars proceedings against a corporate debtor but not against a natural person – Cause of action under Section 138 of NI Act arises after the issuance of demand notice – High Court erred in relying on P. Mohan Raj – Appellant’s petition under Section 482 CrPC ought to have been allowed – Complaint and summoning order quashed.

17 Mar 2025

The Supreme Court distinguished the case from P. Mohan Raj, holding that the cause of action under Section 138 NI Act arose after the moratorium was i...

High Court

Scope of Amendment under Section 152 of the Code of Civil Procedure, 1908 – High Court Holds Correction of Decree Justified in Case of Misdescription of Property

13 Mar 2025

Judicial Power – Clerical or Accidental Errors – Distinction Between Review and Amendment – Execution of Decrees – Correction of Judgment to R...

Supreme Court

Property Dispute – Sale Deed Interpretation – Injunction and Ownership Rights

7 Mar 2025

The Supreme Court emphasized the importance of documentary evidence, proper interpretation of sale deeds, and adherence to factual findings when evalu...

Supreme Court

Supreme Court of India — Appeal Dismissed — No Ownership or Leasehold Rights Conferred — Remedy for Recovery of Possession or Unearned Income Kept Open

7 Mar 2025

Lease Agreement Not Executed — No Transfer of Leasehold Rights — Auction Sale on 'As Is' Basis — Rights Under Lease Agreement Limited — Liquid...

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