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Supreme Court

Supreme Court Dismisses Appeal in Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

Supreme Court

Supreme Court Allows Plaintiffs' Appeal Against Impleadment of Subsequent Purchasers as Defendants in Civil Suit - Sets Aside High Court and Trial Court Orders. Court Held That Plaintiffs Are Dominus Litis and Cannot Be Compelled to Implead Defendants Against Their Wish Under Order 1 Rule 10 CPC, Though Non-Impleadment Is at Plaintiffs' Risk Regarding Counter-Claim.

16 Sep 2022

The Supreme Court heard a civil appeal arising from a property dispute where the appellants (original plaintiffs) had filed Civil Suit No. 298/2011 fo...

Supreme Court

Supreme Court Allows Appeal in Stamp Duty Dispute Over Agreement to Sell. The court quashed orders directing payment of deficient stamp duty under Entry No. 5 of Schedule 1-A of the Indian Stamp Act, 1899 as amended by the State of Punjab, holding that possession was not delivered under the agreements as per recitals.

16 Sep 2022

The dispute arose from a civil suit for specific performance of a Memorandum of Agreement dated 24.02.1996 and an agreement to sell dated 14.05.2011 c...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

Supreme Court

Supreme Court Dismisses Appeals in Land Reforms Case Upholding High Court's Remand Order. Fraud in Obtaining Occupancy Rights Under Karnataka Land Reforms Act, 1961 Vitiates Proceedings, Justifying Remand for Fresh Disposal Despite Delay.

31 Mar 2022

The appeals arose from a judgment of the Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.1563 of 2007 connected with Writ...

Supreme Court

Supreme Court Allows Municipal Committee's Appeal in Land Auction Case Due to Lack of Confirmation. Highest Bidder Acquires No Enforceable Right to Sale Deed Without Confirmation by Deputy Commissioner Under Haryana Municipalities Management of Municipal Properties and State Properties Rules, 1976.

29 Mar 2022

The dispute arose from a civil suit for mandatory injunction filed by the respondent-plaintiff against the Municipal Committee, Barwala, seeking execu...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Allows Civil Suit and Sets Aside High Court Order Rejecting Plaint Under Order 7 Rule 11 CPC. The Court Held That Defendants Cannot Take Contradictory Stands on Jurisdiction Under the Doctrine of Approbate and Reprobate, Preventing the Plaintiff from Being Left Remediless Under Section 257 of the M.P. Land Revenue Code, 1959.

23 Mar 2022

The dispute originated when the plaintiff filed proceedings before the Revenue Authority under Section 250 of the M.P. Land Revenue Code, 1959. The de...

Supreme Court

Supreme Court Dismisses State's Appeals in Service Law Dispute Over Reinstatement Benefits Under Rajasthan Service Rules. The court upheld High Court judgments quashing orders denying full wages, as Rule 54 orders were passed without notice, violating natural justice, and clarified that full pay under Rule 54(2) requires full exoneration, which was not met due to minor penalties.

23 Mar 2022

The dispute involved appeals by the State against High Court judgments granting relief to two employees in service law matters. The respondents, emplo...

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