Search Results for "First Appellate Court Reversal"

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Madras High Court Allows Second Appeal in Property Dispute — Settlement Deed Set Aside for Fraud and Misrepresentation. Continuous Possession and Revenue Records Support Plaintiff's Claim Over Sister's Alleged Fraudulent Deed.

The case involves a property dispute between two sisters, Mahalakshmi (original plaintiff, now deceased) and Rajeswari (first defendant). The suit pro...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Supreme Court Upholds High Court's Decree Granting Letters of Administration in Will Dispute. Will Proved in Accordance with Law, No Suspicious Circumstances Found Under Section 68 of Indian Evidence Act, 1872 and Section 63 of Indian Succession Act, 1925.

The case involves a dispute over the estate of E. Srinivasa Pillai, who died on 19th January 1978. The plaintiffs, C. Saradambal (widow of the testato...

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Bombay High Court Dismisses Appeal in Sale Deed Cancellation Suit — No Substantial Question of Law Arises. Concurrent findings of fact that sale deed was executed voluntarily and for consideration cannot be interfered with under Section 100 CPC.

The present second appeal was filed by the original plaintiffs (appellants) against the concurrent judgments of the trial court and the first appellat...

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Bombay High Court Allows Second Appeal in Property Dispute, Holds That Plaint Description and Map Sufficient Under Order VII Rule 3 CPC. The court restored the trial court's decree for removal of encroachment and possession, finding that the first appellate court erred in reversing on technical grounds.

The case involves a second appeal arising from a property dispute. The appellants (plaintiffs) filed a suit for removal of encroachment and possession...

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Supreme Court Hears Appeal Against High Court's Reversal of First Appellate Court's Decree for Specific Performance of Agreement for Sale. High Court Had Directed Refund of Earnest Money Instead of Specific Performance, Holding That Appellant Failed to Prove Readiness and Willingness.

The litigation arose from an agreement for sale dated 08.01.2010, whereby the defendants agreed to sell two items of immovable property to the appella...