Search Results for "Second appeal"

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court Restores Eviction Decree Against Tenant — Reaffirms Scope of Second Appeal Jurisdiction

The Apex Court upheld the concurrent findings of the Trial Court and First Appellate Court — Clarified the principles governing the scope of Second ...

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Partition and Separate Possession Dispute: Ancestral vs. Self-Acquired Property – High Court Upholds Joint Family Property Status

High Court Clarifies Partition Rights in Joint Family Property, Rejects Prior Partition Claims Presumption of Joint Family Property: The Court held t...

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Supreme Court Allowed Eviction Suit – Bona Fide Need of Landlord Duly Established – High Court and First Appellate Court Orders Set Aside.

Eviction of Tenant on Grounds of Bona Fide Need – Premises Required for Installation of Ultrasound Machine for Landlord’s Unemployed Sons The Sup...

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Bar on Testamentary Disposition of Tenanted Land – Protection of Possession under Section 53A of the Transfer of Property Act – Appreciation of Oral and Documentary Evidence – Injunction and Declaration of Title – Relevance of Admissions in Evidence

Statutory Bar under Section 43 Upheld – Held that testamentary disposition of tenanted land was barred, and the Will relied upon by the defendants w...

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Adoption Does Not Divest Rights in Self-Acquired Property: Bombay High Court Upholds First Appellate Court’s Decision. Court Rules Adoption Does Not Affect Title Over Property Purchased Independently – Legal Effect of Adoption Deed Examined

Adoption and Property Rights: The Bombay High Court held that adoption does not divest an individual of rights over self-acquired property. The proper...

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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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Supreme Court of India Sets Aside Abatement of Second Appeals in Om Prakash Gupta Alias Lalloowa Case Due to Valid Substitution Applications Filed by Legal Representatives – Emphasizes Justice-Oriented Approach in Procedural Compliance

Substitution Applications Filed by Heirs of Deceased Respondents Held Valid; Supreme Court Highlights Proper Sequence for Abatement Proceedings. Cons...

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Supreme Court Upholds Justice in Real Estate Appeals Delay Case. A decision clarifying procedural justice and addressing delay condonation in real estate appellate cases.

The Supreme Court of India allowed appeals arising from the dismissal of real estate complaints due to procedural delay. It emphasized that the High C...

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Supreme Court on Interim Orders Without Framing Substantial Questions of Law. Upholding judicial rigor, the Court sets aside an interim order passed without framing substantial legal questions in a second appeal.

The Supreme Court examined whether a High Court can grant interim orders in a second appeal without formulating substantial questions of law under Sec...