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Search Results for "declaration of title"

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Supreme Court

Supreme Court Dismisses Appeal in Title Declaration Case, Upholding High Court's Factual Reappreciation and Limitation Finding. The Court affirmed that in civil suits for declaration, the standard of proof is preponderance of probability and multiple documents can collectively establish title even without a single conclusive document.

31 Jan 2024

The Supreme Court heard a civil appeal arising from a property dispute where the respondent had filed a suit for declaration of title and injunction. ...

Supreme Court

Supreme Court Quashes High Court Order Vacating Stay in Contempt Proceedings Due to Overreach of Jurisdiction. The Court Held That Contempt Jurisdiction Under Article 215 and the Contempt of Courts Act, 1971 Must Not Be Used to Issue Supplemental Directions or Alter Original Orders, Emphasizing the Special and Rare Nature of Such Power.

30 Jan 2024

The appeal before the Supreme Court centered on the limits of contempt jurisdiction under Article 215 of the Constitution of India and the Contempt of...

Supreme Court

Supreme Court Dismisses Appeal in Evacuee Property Dispute, Upholding Sale of Specified Area Under Displaced Persons Act. Property Transfer Limited to Area in Sale Certificate and Conveyance Deed, with Additional Areas Requiring Payment as per Chief Settlement Commissioner's Orders Under Section 24(1).

24 Jan 2024

The appeal before the Supreme Court arose from a property dispute concerning 'Spring Field', an evacuee property in Shimla. The appellants, legal heir...

Supreme Court

Supreme Court Allows Plaintiff's Appeal in Property Title Dispute by Upholding Finality of Prior High Court Judgment on Adverse Possession. The Court Held That the High Court Breached Judicial Discipline by Interpreting Its Earlier Clear Judgment Contrary to the Doctrine of Merger, Restoring the Sub-Judge's Decree for the Entire 8 Cents of Land.

3 Jan 2024

The dispute originated from a civil suit filed by the appellant for declaration of title, possession, and permanent injunction over a property measuri...

Supreme Court

Supreme Court Dismisses Defendants' Appeal in Land Title Suit, Upholding Civil Court's Authority Over Benami Transaction Involving Tribal Land. Civil Court's Jurisdiction Not Barred by Prior Revenue Proceedings or Section 257 of Chhattisgarh Land Revenue Code, 1959, as Issues of Ownership and Possession Required Judicial Enquiry Beyond Revenue Authority Scope.

20 Feb 2023

The dispute arose from a civil suit filed by the respondent for declaration of title and permanent injunction over land purchased under a sale deed da...

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 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 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 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 Allows Appeal in Civil Procedure Case on Maintainability of Suit Challenging Compromise Decree. The Court held that an independent suit to set aside a compromise decree is barred under Order XXIII Rule 3A of the Code of Civil Procedure, 1908, and the Trial Court correctly rejected the plaint under Order VII Rule 11(d).

9 Feb 2022

The dispute arose from a property gifted to the original plaintiff during his minority, which was later revoked, leading to a development agreement an...

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