Search Results for "adverse finding"

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High Court of Bombay at Goa Examines Natural Justice Violation in Goa Co-operative Societies Act, 2001 Proceedings. Tribunal Made Adverse Findings Against Non-Party Directors While Remanding Misfeasance Proceedings.

The matter concerned a writ petition filed by nine women, who were elected members of the Board of Directors of a Cooperative Bank, challenging an ord...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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High Court of Karnataka Dismisses Regular Second Appeal in Adverse Possession Suit — Concurrent Findings of Fact Not Interfered With. Appellant failed to prove adverse possession for over 12 years as required under Section 65 of the Indian Limitation Act, 1963.

The appellant, Virupakshappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decre...

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High Court of Karnataka Sets Aside First Appellate Court's Decree and Restores Trial Court Dismissal; Adverse Possession Claim Fails as Plaintiff Did Not Admit Defendant's Title and Possession Was Not Hostile

The dispute concerned agricultural land bearing Sy.No.113 measuring 8 acres 84 cents in Bellary district. The original plaintiff Smt. Hampamma filed a...

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Supreme Court Allows Appeal in Adverse Possession Case, Restores Appellate Court's Decree. Permissive possession cannot be converted into adverse possession without hostile animus; High Court erred in reversing concurrent finding of fact.

The dispute concerns a property originally owned by Banta, who died on 02.07.1992. Banta had two children: Jit Ram (son) and Sibo (daughter). Sibo fil...

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Bombay High Court Dismisses Second Appeal in Adverse Possession Suit — Concurrent Findings of Fact Not Interfered With. Court holds that claim of adverse possession must be proved with clear and unequivocal evidence of hostile possession for the statutory period.

The case involves a second appeal filed by the original plaintiffs (now appellants) against the judgment of the lower Appellate Court which dismissed ...

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Supreme Court Allows Appeals in Adverse Possession Case — Khasra Entries Found Suspicious and Fraudulent. High Court's Reversal of First Appellate Court's Findings Set Aside as Perverse and Without Considering Evidence of Fraud.

The Supreme Court allowed two civil appeals arising from a dispute over adverse possession of agricultural lands in Village Purani Chhabani, Guna, Mad...

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Gujarat High Court Quashes Denial of Promotion Based on Uncommunicated Adverse Remarks — Violation of Natural Justice. Non-communication of adverse entries in ACR renders them void and cannot be used to deny promotion under Article 226 of the Constitution.

The petitioner, F H Shaikh, joined service on 10/05/1982 as a Class-II officer (Principal) under the Director of Employment and Training, Gujarat Stat...