Search Results for "Second appeal"

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Injunction Suit Not Maintainable When Title Is Disputed

The High Court of Karnataka held that when title to immovable property is disputed, a suit for mere permanent or mandatory injunction is not maintaina...

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Supreme Court Grants Bail to Accused Summoned Under Section 319 CrPC in Murder Case - Sets Higher Evidentiary Standard for Bail in Section 319 Proceedings

The Supreme Court heard two connected criminal appeals regarding bail matters in a murder case -- The first appeal was filed by MD Imran @ D.C. Guddu ...

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High Court Dismisses Second Appeal in Land Dispute - Heirs of Appellant Fail to Restore Permanent Injunction Decree - Appellate Court's Modification of Injunction Upheld Under CPC

The High Court dismissed a Second Appeal in a land dispute case where the appellants sought restoration of a Trial Court decree granting permanent inj...

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High Court Dismisses Second Appeal in Civil Land Dispute Due to Absence of Substantial Question of Law. Appellate Court's Factual Findings on Possession and Evidence Appreciation Upheld as Not Perverse Under Section 100 of Code of Civil Procedure, 1908.

The dispute concerned agricultural land in Survey No.517 at village Chitroda, where the appellants (original plaintiffs) sought permanent injunction a...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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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

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

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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

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

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Property Dispute – Sale Deed Interpretation – Injunction and Ownership Rights

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