Search Results for "illegal dispossession"

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Appellate Court Dismisses Appeal on Illegal Dispossession in Property Dispute. Concurrent findings of fact by lower courts upheld; Section 6 Specific Relief Act, 1963, remains central to the decision.

The appellants, property owners, were alleged to have unlawfully evicted the respondent, who filed a suit under Section 6 of the Specific Relief Act, ...

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Supreme Court Dismisses Appeal in Possessory Title Suit — Plaintiff Failed to Prove Prior Possession or Better Title. Concurrent findings of First Appellate Court upheld that defendants had valid title and possession through registered sale deeds.

The appeal arose from a suit for declaration of title and possession filed by Moti Ram (respondent) against Poona Ram (appellant) and others. The plai...

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Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits.

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order ...

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Bombay High Court Upholds Decree for Restoration of Possession Under Section 6 of Specific Relief Act, 1963 — Trial Court's Finding on Ownership Held Without Jurisdiction. Court sets aside finding on ownership but confirms decree as plaintiffs proved prior possession and wrongful dispossession.

The case involves a Civil Revision Application filed by the original defendant against a decree passed by the learned Joint Civil Judge, Senior Divisi...

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Bombay High Court Allows Amendment to Plaint in Property Dispute Due to Subsequent Dispossession. Amendment Based on Events After Issues Framed Is Permissible Under Order 6 Rule 17 CPC Despite Delay.

The petitioner, Dela Gurudal Vanjari, filed a suit in 2005 seeking a declaration that a mutation entry was illegal and for an injunction against the r...

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Bombay High Court Quashes Removal of Employee in Disciplinary Proceeding for Violation of Natural Justice and Proportionality. Charge-sheet and Penalty Set Aside Due to Non-Supply of Documents and Disproportionate Punishment.

The petitioner, Abha Chawla Mohanty, was an employee of the Oriental Insurance Co. Ltd. appointed in October 1985. She was served with a charge-sheet ...