Search Results for "Section 100 CPC"

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Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

Supreme Court

Title Dispute Over Suit Property – Second Appeal Allowed – Lower Court Findings Reversed. High Court set aside concurrent findings of the Trial and First Appellate Court – Plaintiff failed to establish ownership through title deeds – Revenue records do not confer title – Suit for injunction without proving ownership not maintainable – Appeal dismissed.

19 Mar 2025

High Court correctly held that plaintiff’s documents did not prove ownership. Revenue records are not conclusive proof of title. Oral partition clai...

Supreme Court

Supreme Court Restores Eviction Decree Against Tenant — Reaffirms Scope of Second Appeal Jurisdiction

6 Mar 2025

The Apex Court upheld the concurrent findings of the Trial Court and First Appellate Court — Clarified the principles governing the scope of Second ...

Supreme Court

Supreme Court on Interim Orders Without Framing Substantial Questions of Law. Upholding judicial rigor, the Court sets aside an interim order passed without framing substantial legal questions in a second appeal.

17 Jan 2025

The Supreme Court examined whether a High Court can grant interim orders in a second appeal without formulating substantial questions of law under Sec...

Supreme Court

Supreme Court Sets Aside Calcutta High Court Judgment, Orders Tenant Eviction. Landlord-Tenant dispute over sub-letting resolved by the Supreme Court, reaffirming eviction order against tenant.

13 Sep 2024

The Supreme Court set aside the Calcutta High Court’s judgment dated 24th August 2023, which overturned the First Appellate Court’s eviction order...

Supreme Court

A comprehensive overview of the legal proceedings and judgments surrounding the review petition in Civil Appeal, shedding light on key arguments, legal interpretations, and the subsequent decision by the court.

16 May 2024

Review petition seeking the review of an order passed in a civil appeal. In the original order, the Civil Appeal was allowed, setting aside the judgme...

Supreme Court

The plaintiffs' contentions, acceptance of smaller plots without protest, failure to provide evidence for damages, and the absence of guaranteed right to land allocation.

10 May 2024

Legal dispute between the Ahmedabad Municipal Corporation and the plaintiffs concerning land allotment and compensation under Town Planning Scheme No....

Supreme Court

Supreme Court Allows Plaintiff's Appeal in Land Dispute, Reversing High Court's Dismissal on Limitation Grounds. Adverse Possession Claim Fails as Limitation Period Commenced from 1966 Title Acquisition, Not 1944, Under Limitation Act, 1963, and High Court Exceeded Jurisdiction Under Section 100 CPC by Re-appreciating Findings of Fact.

3 Jan 2024

The dispute involved a civil appeal before the Supreme Court concerning a land title and possession conflict over 3500 sq. ft. of Plot No.1019 in Hard...

Supreme Court

Supreme Court Allows Appeal by Defendants in Property Dispute, Reinstating Dismissal of Suit for Lack of Proof of Oral Partition and Will. High Court's Decree Set Aside as Perverse and Beyond Scope of Second Appeal Under Section 100 CPC, with Findings Based on Irrelevant Documentary Evidence.

3 Jan 2024

The dispute involved a property claim by the plaintiffs, who sought a declaration that a sale deed executed by the first defendant in favor of the sec...

Supreme Court

Supreme Court Allows State's Appeal in Land Acquisition Suit, Restores Dismissal on Limitation Grounds. Suit for Declaration and Compensation Barred by Limitation Under Articles 58 and 72 of Limitation Act, 1963 as Cause of Action Arose in 1987 and Suit Filed in 2003.

24 Feb 2023

The dispute involved a suit filed by the plaintiff against the State of Himachal Pradesh and others seeking declaration, mandatory injunction, and com...

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