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Supreme Court

Supreme Court Allows Appeal in Permanent Injunction Suit — Lawful Possession Established Despite Title Not Being in Issue. The Court held that in a suit for injunction, proof of lawful possession suffices and title need not be proved unless specifically in issue, and that official documents over 30 years old are admissible under Section 90 of the Evidence Act.

14 Dec 2020

The appeal arises from a suit for permanent injunction filed by the appellants (plaintiffs) against the respondents (defendants) in 1974, alleging att...

Supreme Court

Supreme Court Allows Appeal of Daughter-in-Law Against Eviction Under Senior Citizens Act, 2007 — Protection of Women from Domestic Violence Act, 2005 Right of Residence Prevails Over Senior Citizens Act, 2007. The court held that the authorities under the Senior Citizens Act, 2007 have no jurisdiction to order eviction of a woman entitled to residence under Section 17 of the PWDV Act, 2005, and the property transfers were collusive to defeat her rights.

11 Dec 2020

The present dispute arises out of an application filed by the second and third respondents (parents-in-law of the appellant) under the Maintenance and...

Supreme Court

Supreme Court Dismisses Appeal in Design Infringement Suit Transfer Case — Commercial Court at District Level Competent to Decide Cancellation of Design Under Section 22(4) of Designs Act, 2000. Transfer to High Court Not Mandatory Where High Court Lacks Ordinary Original Civil Jurisdiction.

1 Dec 2020

The present appeal arose from a suit filed by the respondent, M/s. Mold Tek Packaging Ltd., against the appellant, S.D. Containers Indore, seeking a d...

Supreme Court

Supreme Court Allows State Appeal in Electricity Duty Exemption Case: Promissory Estoppel Not Applicable Due to Lack of Clear Representation and Public Interest. The court held that the Industrial Policy 2012 did not create an enforceable right to retrospective exemption, and the notification under Section 9 of the Bihar Electricity Duty Act, 1948 was validly made prospective.

1 Dec 2020

The Supreme Court allowed the appeal filed by the State of Jharkhand against the judgment of the Jharkhand High Court, which had directed the State to...

Supreme Court

Supreme Court Allows Appeal in Contract Refund Dispute — Interest on Principal Not Payable from Date of Deposit When Contract Not Void or Breached. Gujarat Maritime Board Not Liable to Pay Interest for Period Before Abandonment of Contract Under Indian Contract Act, 1872.

24 Nov 2020

The Supreme Court allowed the appeal filed by the Chief Executive Officer and Vice Chairman, Gujarat Maritime Board, against the judgment of the Gujar...

Supreme Court

Supreme Court Dismisses Appeal in Permanent Injunction Suit — Concurrent Findings of Three Courts Upheld. Defendant's Claim of Boundary Dispute and Bar of Civil Court Jurisdiction Rejected as No Substantial Question of Law Arises.

16 Nov 2020

The present appeal arises from a suit for permanent injunction filed by the plaintiffs (respondent Nos. 1 and 2) on 31 July 1971, claiming ownership a...

Supreme Court

Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

4 Nov 2020

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

Supreme Court

Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

3 Nov 2020

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

Supreme Court

Supreme Court Allows Restoration of Land Under West Bengal Restoration of Alienated Land Act, 1973 — Transfer in Distress and Agreement for Reconveyance Established. The Court held that transferors' stated purposes constituted distress and the agreement for reconveyance was valid, entitling them to restoration under Section 4 of the Act.

2 Nov 2020

The case involves an appeal by the original transferors of land (Renuka Dey and others) against the dismissal of their application for restoration of ...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

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