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Supreme Court

Supreme Court Upholds Customary Right to Office of Mutawalli in Public Waqf Mosque — Revisional Jurisdiction Not Exceeded. Customary right to office of mutawalli of Andrott Jumah mosque held by Pattakal family based on descent from first mutawalli, supported by statutory Wakf records and absence of contrary evidence.

1 Aug 2019

The dispute pertains to the office of mutawalli (manager) of the Andrott Jumah mosque in Lakshadweep, a public waqf. The respondents, members of the P...

Supreme Court

Supreme Court Allows Appeal by Electricity Distribution Company in Theft Case: Parallel Assessment Under Section 126 Permissible Despite Criminal Complaint Under Section 135. Assessment Under Section 126 Not Conditional on Consumer Seeking Restoration of Supply.

1 Aug 2019

The case involves an appeal by West Bengal State Electricity Distribution Company Ltd. against the judgment of the Calcutta High Court which allowed t...

Supreme Court

Supreme Court Allows Appeal in Arbitration Reference Dispute — Compromise Decree Bars Invocation of Arbitration Clause. Held that once a suit is decreed on compromise, the arbitration clause cannot be invoked for the same dispute, and the subsequent money suit based on the compromise is not covered by the arbitration agreement.

30 Jul 2019

The appellant, Zenith Drugs & Allied Agencies Pvt. Ltd., was appointed as a clearing and forwarding agent by M/s Rhone Poulene India Limited (RPIL) un...

Supreme Court

Supreme Court Upholds Refund Order in Consumer Case Against Builder for Delayed Possession. Builder's Failure to Deliver Villa by Agreed Date Constitutes Deficiency in Service Under Consumer Protection Act, 1986.

30 Jul 2019

The case involves an appeal by Marvel Omega Builders Pvt. Ltd. and another against the judgment of the National Consumer Disputes Redressal Commission...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

Supreme Court

Supreme Court Dismisses Appeals Challenging Nomination of Daughter's Son as Sajjadah Nashin and Mutawalli. The Court upheld the concurrent findings that the word 'Khandan' in the Zabta includes the spiritual sect and not only male lineal descendants, and that the respondent No.1 is eligible for nomination.

24 Jul 2019

The case involves a dispute over the succession to the office of Sajjadah Nashin and Mutawalli of a Dargah in Fatehpur, Rajasthan. The Dargah was foun...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — High Court Exceeded Jurisdiction Under Section 41 of Punjab Courts Act, 1918 by Reversing Concurrent Findings of Fact on Readiness and Willingness. The court restored the decree for specific performance holding that readiness and willingness is a finding of fact and that a subsequent power of attorney can ratify prior acts.

24 Jul 2019

The appellant, Randhir Kaur, filed a suit for specific performance of an agreement to sell dated November 5, 2004, for land measuring 193 kanals 18 ma...

Supreme Court

Supreme Court Allows Execution of Specific Performance Decree Despite Delay in Deposit of Balance Sale Consideration. Doctrine of Merger Applies When Appellate Court Confirms Trial Court Decree Without Modifying Time Limit.

23 Jul 2019

The appellant, Surinder Pal Soni, filed a suit for specific performance of an agreement to sell dated 8 December 2003 for agricultural land in Panchku...

Supreme Court

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.

22 Jul 2019

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

Supreme Court

Supreme Court Dismisses Appeal of Third-Party Purchaser Seeking Impleadment in Suit for Specific Performance — Plaintiff Cannot Be Compelled to Implead Stranger Against Wish Under Order 1 Rule 10 CPC. The Court held that a third party claiming independent title cannot be added in a suit for specific performance as it would enlarge the scope of the suit.

17 Jul 2019

The appellant, Gurmit Singh Bhatia, purchased a suit property during the pendency of a suit for specific performance filed by the original plaintiffs ...

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