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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 Appeals in Service Law Seniority Dispute, Overturning High Court Reliance on Per Incuriam Precedent. Seniority of Assistant Engineers Must Be Counted from Date of Regularization Under Uttar Pradesh Regularisation Rules, 1979 and 1989 Rules, Not from Initial Ad Hoc Appointments.

The Supreme Court of India, in a civil appellate jurisdiction, addressed a group of appeals concerning the seniority determination of Assistant Engine...

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Bombay High Court Allows Appeal by Municipal Corporation in MRTP Act Notice Case — Notice Under Section 89 MRTP Act Held Valid and Not Barred by Limitation. The Court set aside the trial court decree declaring the notice invalid, finding that the notice was within limitation but the suit was premature.

The appellant, Municipal Corporation of Greater Mumbai, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 against the oral ju...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Abetment to Suicide Case — No Evidence of Instigation or Intent. Allegations of harassment and instigation under Sections 306, 354, 323, 504 IPC read with Section 34 IPC not proved beyond reasonable doubt.

The State of Karnataka appealed against the judgment of acquittal dated 22.07.2017 passed by the II Additional District and Sessions Judge, Haveri (si...

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Supreme Court Quashes Criminal Proceedings Against Relatives in Matrimonial Dispute Due to Omnibus Allegations. FIR under Sections 498A, 34 IPC and Sections 3, 4 Dowry Prohibition Act, 1961, and DV Act complaint quashed for lack of specific overt acts against appellants.

The Supreme Court allowed appeals by Appellants, quashing criminal proceedings arising from matrimonial discord between (complainant) and her husband ...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute - Tribunal Lacks Jurisdiction For Non-Notified Properties, Civil Court Retains Authority For Property Status Determination.

The Supreme Court allowed the appeal filed by Appellants against Respondents, setting aside the High Court order and allowing the application under Or...

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Bombay High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Under Section 50(1)(b) of Arbitration & Conciliation Act, 1996 — Award Not Binding on Non-Signatory Respondents as They Were Not Parties to Arbitration Agreement.

The appellant, Integrated Sales Services Limited (ISSL), a Hong Kong company, entered into a Representation Agreement on 18th September 2000 with DMC ...