Search Results for "collusion"

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Supreme Court Dismisses Appeals in Specific Performance Suits — Concurrent Findings of Fact Not Disturbed. Agreements of Sale Dated 16.07.1980 Were Not Genuine and Were Created to Defeat Prior Agreement of 27.03.1979.

The case involves two civil appeals arising from a judgment of the Madras High Court which reversed the trial court's decree for specific performance ...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Child Rape and Murder Case. Judicial Confession and Last Seen Theory Upheld but Death Penalty Not Warranted as 'Rarest of Rare'.

The case involves the ghastly rape and murder of two children aged 10 and 7 years. On 29 October 2010, Mohanakrishnan picked up the children from outs...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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Supreme Court Allows Appeal in Specific Performance Suit — Sets Aside Review Order Recalling Judgment Due to Non-Filing of Vakalatnama. Service of Notice Held Complete and Arguments Not Collusive, Hence Recall Unjustified Under Order 47 Rule 1 CPC.

The dispute arose from a specific performance suit filed on 15.10.2010 by the appellant, Shree Chaitanya Constructions, against eight defendants. Only...

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Supreme Court Allows Ad-hoc Lecturer to Continue Until Regular Appointment in UP Education Service Case. Ad-hoc appointment in leave vacancy does not confer right to substantive post; salary directed under Article 142 for work done.

The appellant, Raman Singh, was appointed as an ad-hoc Lecturer in English on 11 August 1993 by the Committee of Management of the third respondent sc...

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Supreme Court Allows Appeal in Property Dispute Over Coparcenary Rights and Validity of Sale Deeds. The Court held that property inherited under Mitakshara law remains coparcenary, and a coparcener by birth can challenge alienations without legal necessity.

The present civil appeal arises from a property dispute concerning agricultural land in Village Khangarh, District Ferozepur, Punjab. The appellant, A...

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Supreme Court Dismisses Appeal Against Concurrent Findings of Collusive Decree in Property Dispute. The Court upheld the lower courts' conclusion that a decree obtained by collusion was not binding on the plaintiffs, and purchasers under a subsequent sale deed were bona fide purchasers.

The appeal arose from a property dispute where the original plaintiff, Jaspal Singh, residing in West Germany, authorized Kidar Singh via a special po...

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Supreme Court Allows Appeal in Partition Suit: High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence. The Court restored concurrent findings of trial court and first appellate court dismissing suits for partition and injunction.

The Supreme Court considered appeals against a common judgment of the Madras High Court which, in exercise of its second appellate jurisdiction under ...