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Search Results for "Written statement"

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Supreme Court

Supreme Court Allows Buyer's Appeal in Specific Performance Suit, Reversing High Court's Decision on Readiness and Willingness. The Court held that the buyer's evidence, including plaint averments, deposition, and deposit of balance consideration, sufficiently established readiness and willingness under Section 16(c) of the Specific Relief Act, 1963, and the High Court erred in interfering with the Trial Court's findings.

5 Jan 2023

The dispute arose from an agreement to sell dated 13.03.2007, where the seller agreed to sell land to the buyer for Rs. 12,74,000, with Rs. 3 lakhs pa...

Supreme Court

Supreme Court Dismisses Civil Appeal in Property Title Dispute, Upholding High Court's Reversal of Trial Court Decree. The plaintiff failed to discharge the burden of proof to establish ownership of Schedule 'A' property under the Code of Civil Procedure, 1908, based on insufficient evidence including deeds and lack of lease documentation.

4 Jan 2023

The dispute originated from a title suit filed in 1986 by Smriti Debbarma on behalf of Maharani Chandratara Devi, seeking declaration of ownership ove...

Supreme Court

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.

29 Sep 2022

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

Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

Supreme Court

Supreme Court Upholds High Court's Decision on Impleadment in Admiralty Suit - Commercial Appellate Division's Order Setting Aside Addition of Gulf Petroleum FZC as Defendant Maintained. Maritime Claim for Mis-delivery of Cargo Under Section 4(1)(f) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Alleged by Bank as Bill of Lading Holder.

23 Sep 2022

The dispute arose from an Admiralty Suit filed by Banque Cantonale de Geneve (Respondent Bank) against the owners of the vessel M.V. Polaris Galaxy (A...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

Supreme Court

Supreme Court Allows State's Appeal in Forest Land Dispute Due to Denial of Adequate Opportunity and Procedural Errors. The Court set aside lower court judgments and remanded the matter for fresh trial, emphasizing the need to admit additional survey evidence and consider resurvey renumbering under the Forest Regulation and Code of Civil Procedure, 1908.

20 Sep 2022

The dispute centered on land in village Chikkasanne within Bhuvanahalli State Forest area. The State of Karnataka appealed against the High Court's di...

Supreme Court

Supreme Court Allows Plaintiffs' Appeal Against Impleadment of Subsequent Purchasers as Defendants in Civil Suit - Sets Aside High Court and Trial Court Orders. Court Held That Plaintiffs Are Dominus Litis and Cannot Be Compelled to Implead Defendants Against Their Wish Under Order 1 Rule 10 CPC, Though Non-Impleadment Is at Plaintiffs' Risk Regarding Counter-Claim.

16 Sep 2022

The Supreme Court heard a civil appeal arising from a property dispute where the appellants (original plaintiffs) had filed Civil Suit No. 298/2011 fo...

Supreme Court

Supreme Court Reverses High Court Decree for Specific Performance in Property Sale Agreement Dispute. The Court held that specific performance cannot be granted for contracts dependent on third-party actions and that the High Court erred in not properly framing substantial questions of law under Section 100 of the Code of Civil Procedure, 1908.

13 Sep 2022

The dispute arose from a suit for specific performance of an agreement of sale dated 19.06.1993 concerning immovable property. The respondent-plaintif...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

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