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Search Results for "Civil Suit"

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Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Case — Upholds Arbitral Award Despite Conflicting Jurisdiction Clauses. Court Holds That Where Multiple Agreements Contain Different Arbitration Clauses, a Common Arbitrator Can Be Appointed with Consent, and the Award Is Not Liable to Be Set Aside Under Section 34 of the Arbitration and Conciliation Act, 1996.

1 Jan 2020

The dispute arose between Quippo Construction Equipment Ltd. (appellant) and Janardan Nirman Pvt. Ltd. (respondent) concerning four agreements for hir...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Bar of Limitation — Claim Under Section 7 IBC Held Time-Barred as Debt Arose Before 2006 and Application Filed in 2018. The court held that the Limitation Act applies to IBC proceedings and the application was filed beyond three years from the date of default.

2 Sep 2019

The Supreme Court allowed the appeal filed by M/s Radha Exports (India) Pvt. Limited against the judgment of the National Company Law Appellate Tribun...

Supreme Court

Supreme Court Allows Appeal in Water Dispute Case, Remands to High Court for Merits. Civil Court Has Jurisdiction Under Section 53 of Rajasthan Irrigation and Drainage Act, 1954 to Entertain Water Course Disputes, Subject to Restriction on Orders Affecting Growing Crops.

27 Aug 2019

The dispute arose between Madan Lal (appellant) and private respondents regarding the use and distribution of water for irrigation. The matter was ini...

Supreme Court

Supreme Court Partially Allows Appeal in Land Title Dispute Under Wilkinson's Rules — Limits Decree to Half Property Claimed in Plaint. The Court held that a decree cannot grant relief beyond what is claimed in the plaint, and the majority award under Wilkinson's Rules is binding unless corruption or contravention of custom is proved.

27 Aug 2019

The case involves a civil appeal before the Supreme Court of India arising from a land title dispute in the Kolhan area of Singhbhum, Bihar (now Jhark...

Supreme Court

Supreme Court Dismisses Appeal in Joint Family Property Dispute — Tenancy Rights Determined Under Bombay Tenancy Act, Civil Court Jurisdiction Barred. The court held that the civil court lacked jurisdiction to decide tenancy issues under Sections 85 and 85A of the Bombay Tenancy and Agricultural Lands Act, 1948, but the certificate under Section 32M had become final.

27 Aug 2019

The dispute pertains to an open land measuring eight acres in Nasik, originally owned by Raghunath Hari Phadake. The land was taken on lease by Govind...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Lack of Independent Witness Support and Inadequate Section 313 Examination. Reversal of Acquittal by High Court Set Aside as Trial Court's View Was Plausible and Not Perverse.

26 Aug 2019

The incident occurred on 17 March 1997 at 7:00 a.m. when Keramat Ali Maral (the deceased) was having tea at Kalia Hotel. Six accused persons entered t...

Supreme Court

Supreme Court Allows NALCO's Appeal, Sets Aside Injunction in Arbitration Dispute — Civil Suit for Declaration and Injunction Not Maintainable When Arbitration Agreement Exists. Objections to Arbitration Agreement Must Be Raised Under Section 16 of Arbitration and Conciliation Act, 1996.

23 Aug 2019

The Supreme Court allowed the appeal filed by National Aluminium Company Limited (NALCO) against the order of the High Court of Punjab & Haryana which...

Supreme Court

Supreme Court Allows Wife's Appeal in Mental Cruelty Divorce Case — High Court's Order of Dissolution Set Aside. Allegations of Illegitimate Relationship Not Proved; Trial Court's Dismissal of Husband's Petition Restored.

21 Aug 2019

The appellant, Ravinder Kaur, was the wife of the original respondent, Manjeet Singh, who died during the pendency of the appeal. The respondent had f...

Supreme Court

Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

20 Aug 2019

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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