Search Results for "Perpetual Injunction"

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Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

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Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

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Supreme Court Allows Appeal in Karnataka Land Reforms Case — Testamentary Succession of Tenancy Rights Upheld. Civil Court Findings on Tenancy and Succession Are Binding on Land Tribunal Under Section 48-A of the Karnataka Land Reforms Act, 1961.

The case involves a long-standing dispute over agricultural land in Bilagi Village, Karnataka, spanning over half a century. The appellant, Kanna Timm...

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Supreme Court Dismisses Appeal Claiming Private Temple Ownership — Revenue Entries Do Not Confer Title Without Document of Title. The Court held that the plaintiff failed to prove the temple was private and that revenue entries alone cannot establish ownership under Section 100 CPC.

The appellant, Ramesh Das (since deceased, represented by legal representatives), filed a civil suit for declaration and perpetual injunction claiming...

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Supreme Court Allows Appeal in Gift Deed Dispute: Donor's Legal Representatives Have Locus to Challenge Collusive Exchange of Donated Property. Exchange of School Property by Principal and President Without Society Resolution Held Illegal and Void.

The case involves a dispute over a property donated by Smt. Randhir Kaur to Doaba Public School via a registered Gift Deed dated 27.05.1981 for educat...

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Supreme Court Allows Appeal in Adverse Possession Case — Declares Plaintiff Owner of Encroached Land. Court Holds That Mere Long Possession Without Hostility and Knowledge Does Not Confer Title by Adverse Possession Under Limitation Act, 1963.

The appellant, Mallikarjunaiah, filed a civil suit seeking declaration of title and injunction in respect of certain agricultural lands, including 1 G...

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Supreme Court Remands Case to High Court for Fresh Hearing Due to Jurisdictional Error in Deciding Application Under Order 41 Rule 27 CPC. High Court Failed to Follow Settled Precedents on Admission of Additional Evidence in Appeal.

The Supreme Court allowed the appeals filed by the legal representatives of the original defendants against the common judgment of the High Court of J...

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Supreme Court Allows Appeal by Purchasers from Co-sharer in Injunction Suit: Concurrent Findings of Fact Binding on High Court. Co-sharer's Possession Not Adverse Without Ouster, Purchaser Steps into Vendor's Shoes Under Property Law.

The Supreme Court allowed the appeal by defendant Nos.1 and 2, setting aside the High Court's judgment and restoring the concurrent findings of the Tr...

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Supreme Court Allows Appeal in Property Dispute Case Due to High Court Exceeding Jurisdiction Under Section 100 CPC. High Court's Reappreciation of Evidence in Second Appeal Quashed as Beyond Scope of Substantial Question of Law.

The present appeal arises from a property dispute between the original plaintiff (respondent) and the original defendants (appellants) concerning the ...