Search Results for "second appeal"

119 result(s) found

Scroll Down To Discover

Found 119 result(s)

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

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 ...

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

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...