Search Results for "Possession"

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Search Results for "Possession"

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Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

Supreme Court

Supreme Court Dismisses Appeal in MRTP Act Case Upholding Commission's Finding of No Unfair Trade Practices. The Court Held That Extra Charges and Cancellation of Apartment Allotment Were Contractual and Did Not Constitute Unfair Trade Practices Under Sections 36-A and 36-B of the Monopolies and Restrictive Trade Practices Act, 1969.

25 Jan 2022

The appeal arose from a judgment dated 19.01.2009 by the Monopolies and Restrictive Trade Practices Commission, New Delhi, which dismissed a complaint...

Supreme Court

Supreme Court Dismisses Appeal in NDPS Act Case Upholding Conviction for Ganja Possession. Search Procedure Compliance Upheld as Recovery Was from Baggage, Not Personal Search, Under Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985.

25 Jan 2022

The appeal arose from an incident on 11.09.2010 at 10:30 AM when Sub Inspector K.S. Singh (PW-5) apprehended the appellant carrying ganja in a green p...

Supreme Court

Supreme Court Reverses High Court Judgment in Gift Deed Dispute, Restoring Concurrent Findings of Lower Courts. The Court Held That High Court Erred in Allowing Second Appeal Without Properly Addressing Substantial Question of Law and Ignoring Factual Context Undermining Gift Deed Validity Under Sections 122 and 123 of Transfer of Property Act, 1882.

24 Jan 2022

The dispute centered on the validity of a gift deed executed by Hardei, who died issueless in 1991, in favour of Gian Chand and Dhanbir (plaintiffs), ...

Supreme Court

Supreme Court Dismisses Insurance Claim in Consumer Dispute Over Deterioration of Stock Policy. Claim Rejected as Insured's Admission of Proper Temperature Maintenance Triggered Policy Exceptions Excluding Liability if Temperature Did Not Exceed 4.4°C.

24 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 14 August 2018 in Consumer Case No 37 of 2010. The ...

Supreme Court

Supreme Court Dismisses Developer's Appeal in Consumer Dispute Over Delayed Possession and Refund. The court upheld the National Consumer Disputes Redressal Commission's order for refund with interest, rejecting the developer's argument that possession delivery period should start from Fire NOC date under the Apartment Buyers Agreement, as construction had commenced earlier.

21 Jan 2022

The appeals arose under Section 23 of the Consumer Protection Act, 1986 from the decision of the National Consumer Disputes Redressal Commission on co...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

Supreme Court

Supreme Court Dismisses Interim Application in Land Acquisition Case Under Bangalore Development Authority Act, 1976 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Acquisition proceedings for Peripheral Ring Road lapsed as compensation was not paid nor possession taken before commencement of the 2013 Act under Section 24(2), rendering interim relief infructuous.

20 Jan 2022

The dispute arose from land acquisition proceedings for the Peripheral Ring Road (PRR) around Bangalore, initiated by the Bangalore Development Author...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

Supreme Court

Supreme Court Partly Allows Appeal in SC/ST Act Case, Reducing Sentence to One Year Rigorous Imprisonment. The Court modified the sentence based on mitigating factors including the dispute's origin over a shop, appellant's age, lack of serious injury, no criminal antecedents, and sentence already undergone, under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 323 of the Indian Penal Code, 1860.

19 Jan 2022

The appeal concerned the quantum of sentence imposed on the appellant, who was convicted by the Special Court under the Scheduled Castes and Scheduled...

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