Search Results for "Section 100 CPC"

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Search Results for "Section 100 CPC"

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Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

Supreme Court

Supreme Court Reverses High Court Decree for Specific Performance in Property Sale Agreement Dispute. The Court held that specific performance cannot be granted for contracts dependent on third-party actions and that the High Court erred in not properly framing substantial questions of law under Section 100 of the Code of Civil Procedure, 1908.

13 Sep 2022

The dispute arose from a suit for specific performance of an agreement of sale dated 19.06.1993 concerning immovable property. The respondent-plaintif...

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 Reverses High Court Judgment in Land Title Dispute Due to Jurisdictional Error and Procedural Defects. High Court Exceeded Authority Under Section 100 CPC by Re-appreciating Evidence Without Framing Substantial Question of Law, and Specific Performance Decree Was Invalid for Non-Impleadment of Necessary Parties.

17 Jan 2022

The dispute involved a long-standing conflict over land measuring 0.08 cents, part of a larger 50-acre parcel, with origins dating back to the 1960s. ...

Supreme Court

Supreme Court Sets Aside High Court's Dismissal of Second Appeal and Remands Matter for Fresh Consideration Due to Lack of Reasons. High Court Must Assign Reasons When Dismissing Second Appeal In Limine Under Section 100 of Code of Civil Procedure, 1908, to Demonstrate Application of Mind and Allow Understanding of Decision.

29 Nov 2021

The dispute originated from a civil suit for declaration of tenancy, eviction, and other reliefs filed by the plaintiff against the defendant concerni...

Supreme Court

Supreme Court Allows State's Appeal in Will Dispute, Restoring Lower Courts' Findings on Genuineness. High Court's Interference Under Section 100 CPC Held Impermissible as It Re-appreciated Evidence and Formulated Question of Law Incorrectly Based on Factual Findings.

25 Nov 2021

The dispute centered on the genuineness of a Will executed by Kishan Singh on 10 December 1974, bequeathing agricultural land to Harnam Singh, a non-r...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Will Interpretation and Gift Deed Validity. High Court Erred in Interfering with First Appellate Court's Factual Finding on Nature of Bequest Under Section 100 CPC and Wrongly Applied Section 14 Hindu Succession Act When Will Conveyed Full Ownership.

22 Nov 2021

The dispute centered on a house property originally owned by Kashirao Sampatrao Deshmukh, who died in 1977 leaving his wife Shevantabai. After Kashira...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

26 Oct 2021

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...

Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute Over Concurrent Factual Findings. High Court Erred in Interfering with Trial and First Appellate Courts' Findings on Possession of Chaubara Under Section 100 of Code of Civil Procedure, 1908, as Second Appeal Jurisdiction is Limited to Substantial Questions of Law.

29 Sep 2021

The dispute concerned property located at GT Road, Shahabad Markanda, involving competing claims over possession of a chaubara (room) on the first flo...

Supreme Court

Supreme Court Dismisses Appeals in Land Title and Specific Performance Dispute, Upholding High Court's Reversal of First Appellate Court Decree. High Court Correctly Exercised Jurisdiction Under Section 100 CPC by Framing Substantial Question of Law on Genuineness of Agreement to Sell and Examining Document Under Section 73 Evidence Act, 1872.

9 Sep 2021

The dispute arose from two civil suits concerning land transactions in Karnataka. The respondent, as plaintiff in the first suit (OS No.20/1985), soug...

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