Search Results for "lawful possession"

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Supreme Court

Supreme Court Sets Aside Excessive Bail Conditions Imposed by Madhya Pradesh High Court, Reaffirms Limits on Judicial Discretion in Bail Matters. The Supreme Court ruled that conditions imposed on bail must not infringe on civil rights or prejudge ongoing civil disputes, highlighting the judiciary's role in safeguarding due process in criminal proceedings.

25 Oct 2024

The Supreme Court examined the Madhya Pradesh High Court’s imposition of specific conditions while granting bail, which included the removal of a wa...

High Court

Dispute Over Eviction and Fair Market Rent in License Agreement: Applicability of Atma Ram Properties Principle in Licensee Eviction Cases

27 Sep 2024

The Bombay High Court deliberated on whether a licensee, after the termination of the license agreement, should be directed to pay fair market rent or...

High Court

Court Allows Amendment in 26-Year-Old Tenancy Suit Despite Prolonged Delays. Court Imposes Exemplary Costs on Plaintiffs for Ninth Amendment, Aims to Prevent Multiplicity of Litigation and Encourage Judicial Efficiency

4 Jul 2024

The petition challenges an order by the Small Causes Court, Mumbai, allowing the Plaintiffs to amend their plaint to add grounds of unlawful sublettin...

High Court

Court Dismisses Plaintiff's Application for Decree on Admission in Property Dispute. Lack of clear and unequivocal admissions by Defendants leads to rejection; Trial Court directed to expedite proceedings within one year.

13 Jun 2024

The Plaintiff sought a decree on admission under Order XII Rule 6 of the Civil Procedure Code (CPC), based on alleged admissions by the Defendants reg...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute, Upholding High Court's Decree for Possession and Injunction. The Court held that the suit was not under Section 6 of the Specific Relief Act, 1963, making the appeal competent, and rejected belated applications for amendment of written statement and additional grounds at the appellate stage.

29 Mar 2023

The dispute originated from a suit filed by the plaintiff (respondent) seeking permanent injunction and later amended to include prayers for possessio...

Supreme Court

Supreme Court Sets Aside High Court Order Rejecting Plaint Under Order VII Rule 11 CPC in Title Suit. The Court held that the plaint could not be rejected on limitation grounds as it required consideration of entire averments, and the suit for declaration and injunction under Section 53A of the Transfer of Property Act was maintainable for trial.

14 Mar 2022

The appeal arose from a dispute where the original plaintiffs filed a title suit seeking declaration of right, title, and interest in property under S...

Supreme Court

Supreme Court Allows Defendant's Appeal in Land Dispute and Quashes Permanent Injunction Granted to Plaintiff. Court held that when plaintiff fails to obtain declaration of title and suit for cancellation of sale deed is time-barred, permanent injunction to protect possession cannot be granted as it is a consequential relief and requires lawful possession under Specific Relief Act, 1963.

3 Mar 2022

The dispute involved agricultural land where the plaintiff's husband executed a registered sale deed in 1975 in favor of the defendant for the entire ...

Supreme Court

Supreme Court Quashes Mandamus Directing Acceptance of Basic Tax on Vested Forest Land - Kerala Land Tax Act, 1961 and Kerala Private Forests (Vesting and Assignment) Act, 1971. The Court held that writ of mandamus cannot be issued to establish rights over land vested with government under Section 3 of Kerala Private Forests (Vesting and Assignment) Act, 1971, where respondents' purchase certificates were cancelled and civil jurisdiction barred under Section 13.

19 Jan 2022

The dispute arose from conflicting claims over land in Naduvil village, Kerala, involving the Village Officer, Kannur District, and others as appellan...

Supreme Court

Supreme Court Allows Appeal Against Karnataka High Court Order Setting Aside Rejection of Plaint in Res Judicata Case. The Court held that the subsequent suit for declaration of title was barred by res judicata and Order II Rule 2 CPC as the issue of title had been finally decided in earlier litigation.

8 Dec 2021

The dispute pertains to 11 acres 16 guntas of agricultural land in Talaghattapura Village, Bangalore. The appellants (Lankappa and others) claimed tit...

Supreme Court

Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

25 Nov 2021

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

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