Search Results for "substantial question of law"

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Search Results for "substantial question of law"

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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 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 Dismisses Review Petition in Civil Appeal Matter Due to Absence of Error Apparent on Record. High Court's Dismissal of Second Appeal for Lack of Substantial Question of Law Upheld as Concurrent Findings Were Affirmed.

16 Nov 2021

The Supreme Court dealt with a review petition filed in relation to a civil matter concerning property rights. The litigation originated from a second...

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 Remands Land Encroachment Case to High Court for Failure to Address Substantial Question of Law. High Court formulated question regarding sustainability of concurrent findings after surveyor's report but dismissed second appeal without deciding it, necessitating remand for proper adjudication under Code of Civil Procedure, 1908.

21 Sep 2021

The dispute originated from a civil suit filed by the appellant (plaintiff) alleging encroachment by two defendants on land purchased in 1995. The pla...

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...

Supreme Court

Supreme Court Dismisses Appeal in Title Suit Over Land Ownership and Possession. Plaintiffs' Title Established Through Partition Evidence and Mutation Application, Supporting Decree for Possession Against Defendant's Legal Representatives.

7 Sep 2021

The dispute originated from a title suit filed in 1967 by Banaras Sah, acting for himself and as legal guardian of his six minor sons, against Krishna...

Supreme Court

Supreme Court Allows Plaintiff in Property Injunction Suit by Reversing High Court Judgment on Maintainability and Jurisdiction. The Court held that a suit for bare injunction is maintainable without a declaration prayer even when title is disputed, and the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure, 1908 by reappreciating evidence.

2 Sep 2021

The dispute originated from a suit filed by the plaintiff seeking perpetual injunction to restrain the defendants from interfering with the peaceful p...

Supreme Court

Supreme Court Remands Second Appeal to High Court for Reconsideration Due to Improper Disposal - High Court's Summary Endorsement of First Appellate Court's Findings Without Examining Substantial Questions of Law Under Section 100 CPC Set Aside.

28 Jul 2021

The dispute originated from a suit for recovery of possession and damages filed by the plaintiff against the defendant regarding a property transactio...

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