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Supreme Court Remands Second Appeal for Non-Compliance with Section 100 CPC - Substantial Questions of Law Must Be Framed Before Hearing. High Court's Failure to Frame Questions Before Hearing Vitiated the Proceeding, Matter Remitted for Fresh Adjudication.

The Supreme Court dealt with a civil appeal arising from a second appeal under Section 100 of the Code of Civil Procedure, 1908. The second appeal was...

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Supreme Court Dismisses Appeal in Bane Land Partition Suit — Concurrent Findings of Fact Upheld. Appellant Failed to Prove Possession of Wet Lands Entitling Him to Share in Bane Lands Under Coorg Revenue Manual.

The appellant, defendant no.13 in a partition suit, was aggrieved by the dismissal of his Regular First Appeal, which affirmed the trial court's decre...

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Supreme Court Allows Appeal in Water Dispute Case, Remands to High Court for Merits. Civil Court Has Jurisdiction Under Section 53 of Rajasthan Irrigation and Drainage Act, 1954 to Entertain Water Course Disputes, Subject to Restriction on Orders Affecting Growing Crops.

The dispute arose between Madan Lal (appellant) and private respondents regarding the use and distribution of water for irrigation. The matter was ini...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court Decree. Handwriting Expert Evidence Cannot Override Consistent Testimony of Attesting Witnesses and Corroborative Receipt of Earnest Money.

The case involves a suit for specific performance of an agreement of sale dated 20.04.1993 for a house in Karimnagar. The plaintiff (appellant) allege...

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Supreme Court Dismisses Union of India's Challenge to Advisory Board Opinion in COFEPOSA Detention Case — Advisory Board's Opinion of No Sufficient Cause for Detention is Non-Justiciable and Not Subject to Challenge Under Article 136

The case involves a challenge by the Union of India against the opinion of the Advisory Board constituted under the Conservation of Foreign Exchange a...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Supreme Court Dismisses Lessee's Claim for Damages in Wild Life Sanctuary Case — No Right to Compensation Without Acquisition. Notification Under Section 18 of Wild Life (Protection) Act, 1972 Does Not Confer Right to Damages for Loss of Use.

The Supreme Court dismissed the appeal filed by M/s Natesan Agencies (Plantations), a partnership firm, against the judgment of the Madras High Court ...