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Supreme Court Allows Appeal in Property Dispute: Tenant Cannot Challenge Landlord's Title When Mortgagee Does Not Appeal. The Court restored the trial court decree holding that the plaintiff had become full owner of the property after redemption of mortgage, and the tenants' appeal challenging ownership was not maintainable....

The case involves a long-standing property dispute over a three-storeyed building in Almora, Uttarakhand, dating back to 1872. The property was originally owned by three brothers: Pir Bux, Kalia, and ...

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Supreme Court Upholds Labour Court Award in VSS Dispute — NMR Workers Found to Have Been Coerced into Voluntary Separation Scheme. The Court confirmed reinstatement with 70% back-wages under Section 33A of the Industrial Disputes Act, 1947, finding no perversity in the concurrent findings of fact....

The case arose from a dispute between the General Manager, Electrical Rengali Hydro Electric Project, Orissa (appellant) and 90 NMR workers (respondents) who were employed at the Rengali Unit. The wor...

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Supreme Court Dismisses Appeal in Mortgage Redemption Dispute — Agreement Held to be Mortgage by Conditional Sale. Debtor-Creditor Relationship and Reconveyance Clause in Same Document Establish Mortgage Under Section 58(c) of Transfer of Property Act, 1882, Entitling Mortgagor to Redeem Within Limitation Period....

The case involves a dispute over the nature of an agreement dated 29.04.1971 (Exhibit 52) between the plaintiffs (respondents) and defendant no.1 (appellant). The plaintiffs owed Rs.10,500 to defendan...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract....

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (respondent). The agreement covered 75 ¾ cents of l...

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Supreme Court Dismisses Application Seeking Review of Environmental Clearance Judgment. Built-Up Area Under EIA Notification Includes All Covered Construction, Irrespective of FSI Classification Under Municipal Laws....

The Supreme Court dismissed an application seeking review of its earlier judgment dated 10.08.2018 in Civil Appeal No. 10854 of 2016. The applicant, M/s. Goel Ganga Developers India Pvt. Ltd., contend...

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Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act....

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the appellant tenant seeking to stay the execution of an...

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Supreme Court Allows Vendor's Appeal, Dismisses Vendee's Suit for Specific Performance Due to Non-Payment of Rent. Payment of Customary Rent Held an Essential Term of Contract, Non-Performance Bars Discretionary Relief Under Section 16(c) of Specific Relief Act, 1963....

The case involves an agreement to sell dated 13.05.1964 between Mohinder Kaur (vendor) and Bahadur Singh (vendee) for sale of land for Rs.5605/-, with Rs.1000/- paid as earnest money. Possession was h...

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Supreme Court Dismisses Appeal in Undue Influence Case — Registered Sale Deed Upheld as Deceased Was Not Mentally Incapacitated. Burden of Proof for Undue Influence Under Section 16 of Indian Contract Act, 1872 and Section 111 of Indian Evidence Act, 1872 Lies on Plaintiff to Establish Prima Facie Case Before Shifting to Defendants....

The case involves a dispute between brothers over a sale deed executed by their deceased father, Vaijai, in favor of defendant no.1 (wife of defendant no.2) on 02.03.1970. The plaintiffs (including ap...

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Supreme Court Dismisses Appeal of Army Personnel Discharged for Producing Fake Matriculation Certificate. Exoneration in Summary Court Martial Does Not Bar Discharge Proceedings Under Army Rules for Lack of Educational Qualification....

The appellant, Ex. Sepoy Surendra Singh Yadav, was enrolled in the Army on 26.04.1991. At the time of appointment, he produced a matriculation certificate from Madhyamik Shiksha Mandal, Gwalior, which...

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Supreme Court Quashes High Court Interim Order Violating Binding Precedent in Church Property Dispute. Judicial Discipline Mandates Compliance with Articles 141 and 144 of the Constitution as the High Court's Order Contravened the Binding Decision in K.S. Verghese v. St. Peters & St. Pauls Syrian Orthodox Church....

The Supreme Court heard an appeal against an interim order passed by the High Court in a suit concerning the St. Mary's Orthodox Syrian Church. The appellant, Fr. Issac Mattammel Cor-Episcopa, challen...