Search Results for "First Appellate Court Reversal"

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Madras High Court Allows Second Appeal by Temple Trust in Rent Recovery Suit Against Tenant. First Appellate Court's Reversal Set Aside for Failure to Frame Proper Points and Perverse Findings.

The Plaintiff, Sri Veeraraghavaswamy Devasthanam, represented by its Honorary Agent, filed a suit for recovery of arrears of rent against the Defendan...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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High Court of Karnataka Allows Appeal in Central Excise Case — Appellant Entitled to Cenvat Credit on Input Services. Definition of 'Input Service' Under Cenvat Credit Rules, 2004 is Broad and Includes Services Having Nexus with Manufacturing Business.

The appellant, Toyota Kirloskar Motor Private Limited, is a manufacturer of motor vehicles and parts, registered under the Central Excise Act. It file...

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Bombay High Court Dismisses Second Appeal in Property Title Suit — Concurrent Findings of Fact Not Disturbed. Will Execution Not Proved as Attesting Witnesses Not Examined Under Section 68 of Evidence Act, 1872.

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court in Regular Civil Appea...

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Bombay High Court Allows Writ Petition Challenging Vacation of Interim Injunction in Tenancy Dispute. Possession Delivered Under Tenancy Act in 1968 Held to Confer Prima Facie Right, Appellate Court's Reversal Set Aside.

The petitioners, original plaintiffs, filed a suit for declaration of ownership and possession and for perpetual injunction in respect of agricultural...

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High Court of Bombay at Goa Dismisses Appeal by Goa University Against Injunction in Easement Dispute. Right of Way Claim Upheld Based on Long User and Necessity Under Indian Easements Act, 1882.

The case involves an appeal by Goa University (original defendants) against an order dated 24.06.2016 passed by the District Judge-1, North Goa, Panaj...

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Bombay High Court Dismisses Petition Challenging Rent Order Under Maharashtra Rent Control Act — Tenant's Eviction Upheld for Non-Payment of Rent. Court Held That Rent Controller's Order Directing Deposit of Rent and Mesne Profits Was Justified and Not Requiring Interference Under Article 227.

The petitioner, Somnathappa s/o Nagnathappa Halge, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 05/...

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Supreme Court Dismisses Appeal Against High Court's Enhancement of Sentence on Reversal of Acquittal. High Court's Power Under Section 423(1)(a) CrPC to Impose Any Sentence Within Magistrate's Competence Upheld.

The case arose from a criminal incident where the appellants were charged under Sections 147, 447, and 325 read with 149 of the Indian Penal Code for ...