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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree Under Section 13(1A)(ii) of Hindu Marriage Act — Non-Compliance with Restitution of Conjugal Rights Decree for Over One Year Constitutes Ground for Divorce.

The appellant-wife challenged the judgment and decree dated 25.01.2022 passed by the I Additional Principal Judge, Family Court, Mysuru in M.C.No.53/2...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

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Supreme Court Dismisses Appeal Against High Court Order for Restitution of Possession in Temple Property Dispute. Section 144 CPC Not Attracted as Possession Was Under Interim Order, Not Decree; Court Has Inherent Power to Restore Status Quo Ante.

The appeal arose from a long-standing property dispute concerning temples and shops in Jaipur. The original plaintiff, Bansidhar Sharma (since decease...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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Bombay High Court Dismisses Appeals in Property Dispute — Widow's Absolute Ownership Under Section 14(1) Hindu Succession Act, 1956 Upheld. Property Received in Lieu of Maintenance Confers Full Estate, Not Limited Interest.

The case involves two second appeals arising from a suit filed by the original plaintiffs (respondents) against the original defendants (appellants) c...

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Bombay High Court Allows Second Appeal in Eviction Suit — Tenant's Subletting Without Consent Justifies Decree for Possession. Lease Deed Clause Prohibiting Subletting and Assignment Without Landlord's Written Consent Enforced; Tenant's Alleged Partnership with Landlord's Son Not Proven.

The case involves a second appeal filed by the defendants/appellants against a judgment and decree dated 21.3.2000 passed by the Additional District J...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Failed to Prove Title and Possession.

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Judge, Latur, dismissi...