Search Results for "1982"

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Supreme Court Allows State's Appeal in Will Dispute, Restoring Lower Courts' Findings on Genuineness. High Court's Interference Under Section 100 CPC Held Impermissible as It Re-appreciated Evidence and Formulated Question of Law Incorrectly Based on Factual Findings.

The dispute centered on the genuineness of a Will executed by Kishan Singh on 10 December 1974, bequeathing agricultural land to Harnam Singh, a non-r...

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Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Supreme Court Allows Appeal in Restitution Case Under Section 144 CPC — Interim Injunction Not a Decree for Possession. Section 144 CPC Not Attracted Where No Decree or Order Directed Delivery of Possession.

The dispute originated from a suit filed by Ganeshi Lal, claiming as next friend of the deity at Bhawani Mata Mandir, seeking a permanent injunction a...

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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Supreme Court Allows Union of India's Appeal Against High Court Direction to Consider Havildars for Promotion to Naib Subedar Under Pre-2011 Rules. Creation of Intermediate Warrant Officer Post Does Not Violate Vested Rights; Promotion Must Be Considered Under Rules in Force at Time of Consideration.

The Supreme Court allowed the appeals filed by the Union of India against the judgment of the High Court of Manipur. The respondents, Havildars in Ass...

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Supreme Court Allows Appeal in Ceiling Act Case — Gift Deed Valid Despite Lack of Express Acceptance. Transfer of Property Act, 1882 Sections 122 and 123 do not require express acceptance; implied acceptance from circumstances suffices for a valid gift between father and son.

The present appeal arises from a land ceiling dispute in Rajasthan. Daulat Singh (since deceased, represented by legal heirs) was the owner of 254.2 B...