Search Results for "Averments"

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Search Results for "Averments"

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Supreme Court

Supreme Court Allows Appeal in Land Acquisition Case, Quashing High Court's Lapse Declaration. Acquisition Did Not Lapse Under Section 24(2) of the 2013 Act as Possession Was Taken, Despite Non-Payment of Compensation, Following Overruling of Pune Municipal Corporation Precedent.

16 Jan 2023

The dispute arose from a land acquisition case where the Delhi Development Authority appealed against a High Court judgment that declared the acquisit...

Supreme Court

Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

13 Jan 2023

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

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 Allows Appeal in Service Law Dispute Over Absorption and Salary Components. The court held that gratuity and leave encashment are part of 'salary' under Section 2(r) of the Rajasthan Non-Government Educational Institutions Act, 1989 and the Rajasthan Voluntary Rural Education Service Rules, 2010, entitling the appellants to these payments as per previous Supreme Court order.

26 Sep 2022

The dispute originated from the appellants' appointment as teachers in a senior secondary school, an aided institution under the fifth respondent trus...

Supreme Court

Supreme Court Quashes High Court Order Allowing Impleadment of Subsequent Purchaser in Land Acquisition Appeal. Dispute Regarding Apportionment of Compensation Must be Adjudicated Under Section 30 of Land Acquisition Act, 1894, Not Through Impleadment in Appeal Challenging Enhancement Quantum.

23 Sep 2022

The dispute originated from the acquisition of land by the State Government under the Land Acquisition Act, 1894. The appellant, the original landowne...

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...

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