Search Results for "Second Appeals"

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Supreme Court

Supreme Court Allows Appeal in Land Dispute, Reversing High Court Decree for Injunction. Suit for Permanent Injunction Without Declaration Held Not Maintainable as Plaintiffs Were Encroachers on Government Gochar Land, and Gram Panchayat Lacked Authority to Lease Under Rajasthan Panchayat (General) Rules, 1961.

20 Feb 2024

The dispute involved a civil suit filed by the respondents for permanent injunction and ownership of land, claiming a lease from Gram Panchayat, Titar...

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 Dismisses Appeals by Development Authority in Land Allotment Case, Upholding High Court's Directions for Sale Deed Execution and Refund. The Court found no error in the High Court's judgment under Section 100 of the Code of Civil Procedure, 1908, based on allotment letters, possession handover, and lease-cum-sale agreements creating enforceable rights.

28 Apr 2023

The Supreme Court disposed of a bunch of appeals challenging a common judgment of the High Court that decided five Regular Second Appeals. The appeals...

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 Sets Aside High Court Judgment in Second Appeal and Remands Case for Reconsideration Under Correct Legal Provision. The Court held that the High Court erred by interfering with findings of fact and not applying Section 41 of the Punjab Courts Act, 1918, which governs second appeals in Punjab and Haryana, leading to remand without merits adjudication.

10 Mar 2022

The dispute originated from a suit filed by the plaintiffs (respondent Nos. 1 and 2) seeking declaration of title and prohibitory injunction against t...

Supreme Court

Supreme Court Upholds High Court's Direction for Payment of Rent During Pendency of Eviction Appeals Under Madhya Pradesh Accommodation Control Act, 1961. The court interpreted Section 13 to allow appellate courts to impose conditions like payment of reasonable rent as a term for stay of eviction, especially when eviction is decreed on grounds other than rent default.

22 Feb 2022

The appeals involved common questions regarding the interpretation of Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, in the context...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding High Court's Decision on Share Entitlement and Appellate Jurisdiction. The court held that in a partition suit, parties' positions are interchangeable, allowing appellate relief to non-appealing plaintiffs under Order XLI Rule 4 and Rule 33 of the Code of Civil Procedure, 1908, and that second appeals can address factual issues if findings are perverse.

21 Feb 2022

The appeal arose from a partition suit filed by plaintiff Nos. 1 to 8 (respondent Nos. 1 to 8) against defendant No. 1 (appellant) regarding shares in...

Supreme Court

Supreme Court Dismisses State's Appeal in Gujarat Sales Tax Act Case Due to No Breach of Exemption Conditions and Application of Promissory Estoppel. The assessee was entitled to exemption under Entry No.255(2) of Notification dated 05.03.1992 as raw materials were used in the eligible unit, and subsequent amendments did not retroactively impose liabilities, upholding the principle of promissory estoppel under Section 49(2) of the Gujarat Sales Tax Act, 1969.

21 Jan 2022

The dispute arose from the State of Gujarat's appeal against the High Court's dismissal of its tax appeals, which upheld the Gujarat Value Added Tax T...

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 Employee's Appeal in Employment Contract Dispute Over Overseas Deputation Clause. The Court held that a business visit does not constitute deputation under the contract as deputation requires a tripartite consensual agreement and written evidence, which was lacking.

12 Jan 2022

The appeal arose from a judgment of the High Court of Punjab & Haryana in a second appeal, concerning a dispute over an employment contract clause rel...

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