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Supreme Court Considers Whether Two Appeals are Required When a Suit and Counterclaim are Disposed of by a Single Judgment. The Court Analyzed Conflicting High Court Decisions on the Maintainability of a Single Appeal Against a Composite Decree and Noted a Cleavage of Opinion.

The Supreme Court heard a civil appeal arising from a dispute over property rights wherein a suit for partition and injunction and a counterclaim for ...

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Supreme Court Remands Second Appeal to High Court for Reconsideration Due to Improper Disposal - High Court's Summary Endorsement of First Appellate Court's Findings Without Examining Substantial Questions of Law Under Section 100 CPC Set Aside.

The dispute originated from a suit for recovery of possession and damages filed by the plaintiff against the defendant regarding a property transactio...

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Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

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Bombay High Court Holds That Deletion of Leave Requirement Under Section 378 CrPC Does Not Automatically Entitle Complainant to Admission of Appeal for Final Hearing. The Court Must Still Apply Its Mind to Merits Before Admitting Appeal.

The judgment pertains to two criminal appeals filed by complainants against acquittal. The core legal issue was whether, after the amendment to Sectio...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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Bombay High Court Considers Second Appeal Challenging Rejection of Condonation of Delay in Appeal Against Injunction Decree. The Court Analyzed Principles Governing Condonation of Delay Under Section 5 of the Limitation Act, 1963, as Laid Down in Esha Bhattacharjee v. Managing Committee.

The case involved an application for condonation of delay filed by the Superintending Archaeologist, Archaeological Survey of India, in appealing a de...