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Search Results for "Decree"

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Supreme Court

Supreme Court Reverses High Court Decree for Specific Performance in Property Sale Agreement Dispute. The Court held that specific performance cannot be granted for contracts dependent on third-party actions and that the High Court erred in not properly framing substantial questions of law under Section 100 of the Code of Civil Procedure, 1908.

13 Sep 2022

The dispute arose from a suit for specific performance of an agreement of sale dated 19.06.1993 concerning immovable property. The respondent-plaintif...

Supreme Court

Supreme Court Allows Father's Appeal for Disinterment of Son's Body in Encounter Case, Upholding Right to Dignified Burial Under Article 21. The court held that the state's arbitrary denial of disinterment, while permitting it for others killed in the same encounter, violated Articles 14 and 21 of the Constitution of India, as the right to life includes the right of next of kin to perform last rites according to religious traditions.

12 Sep 2022

The appeal arose from a dispute over the disinterment of the body of Mohd. Amir Magrey, killed in an encounter between police and militants in Hyderpo...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

Supreme Court

Supreme Court Upholds Auction Purchaser in Land Acquisition Compensation Execution Dispute Under CPC. Auction sale confirmed as judgment debtor failed to prove material irregularity or substantial injury under Order XXI Rule 90 of Code of Civil Procedure, 1908, and did not comply with deposit requirements under Order XXI Rule 89.

2 Sep 2022

The dispute originated from the non-payment of compensation for land acquired under the Land Acquisition Act, 1984, spanning over three decades. The o...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Arbitrator's Discretion on Post-Award Interest. The Court held that under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the arbitrator has discretion to determine the quantum for post-award interest, and since the award specified interest only on the principal, the statutory default did not apply.

1 Sep 2022

The appeal arose from a judgment of the Delhi High Court dismissing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, which ch...

Supreme Court

Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

1 Sep 2022

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

Supreme Court

Supreme Court Dismisses Appeals in Land Reforms Case Upholding High Court's Remand Order. Fraud in Obtaining Occupancy Rights Under Karnataka Land Reforms Act, 1961 Vitiates Proceedings, Justifying Remand for Fresh Disposal Despite Delay.

31 Mar 2022

The appeals arose from a judgment of the Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.1563 of 2007 connected with Writ...

Supreme Court

Supreme Court Upholds State Legislation on Internal Reservation for Backward Classes in Tamil Nadu - The Court reversed the High Court's declaration of unconstitutionality, holding that sub-classification within Most Backward Classes and Denotified Communities is permissible under Articles 15(4) and 16(4) of the Constitution of India, 1950, based on commission recommendations and historical data.

31 Mar 2022

The dispute arose from the Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appoi...

Supreme Court

Supreme Court Dismisses Appeals in Waqf Management Dispute, Upholding High Court's Revisional Order. The Court affirmed that a local unit of a registered society lacks legal standing to sue under the Societies Registration Acts unless authorized by byelaws, and revisional jurisdiction under Section 83(9) proviso of the Waqf Act, 1995, though narrower, permits correction of fundamental legal errors.

30 Mar 2022

The dispute arose from cross-suits between the Salafi Juma Masjid Mahal Committee and Salafi Trust over the management and administration of a mosque ...

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