Search Results for "Mesne Profits"

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Supreme Court

Supreme Court Confirms Partition of Family Properties and Validates Sale Deed. The Supreme Court overturns the High Court's decision on the partition of properties, reinforcing the validity of a sale deed executed by the appellant.

2 Mar 2024

The Supreme Court addressed the partition of family properties, focusing on Regular Survey Nos. 106/2 and 44/4. The High Court had erroneously relied ...

Supreme Court

Supreme Court Dismisses Miscellaneous Application Seeking Clarification on Interest Rate in Auction Sale Refund Dispute. The court held that no clarification was needed as the Debt Recovery Appellate Tribunal's 2014 order, which specified refund with accrued interest after deducting mesne profits, was clear and had attained finality.

24 Apr 2023

The background involved a miscellaneous application filed before the Supreme Court seeking clarification of its earlier order dated 12.05.2022 in Spec...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute, Upholding High Court's Decree for Possession and Injunction. The Court held that the suit was not under Section 6 of the Specific Relief Act, 1963, making the appeal competent, and rejected belated applications for amendment of written statement and additional grounds at the appellate stage.

29 Mar 2023

The dispute originated from a suit filed by the plaintiff (respondent) seeking permanent injunction and later amended to include prayers for possessio...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

29 Mar 2023

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

Supreme Court

Supreme Court Allows Legal Representatives' Appeal in Provincial Small Cause Courts Act Case Due to Subsequent Deposit of Damages. Application Under Order IX Rule 13 CPC for Setting Aside Ex Parte Decree Maintainable After Full Compliance with Section 17 of Provincial Small Cause Courts Act, 1887 Regarding Deposit of Arrears, Costs, and Damages.

2 Feb 2023

The appeal arose from a civil suit for recovery of arrears of rent and ejectment filed by the respondent as owner against the defendant, who was a ten...

Supreme Court

Supreme Court Allows Recovery of Excess Payments from In-Service Nursing Trainees Under Restitution Principle. Recovery Permitted as Payments Were Made Pursuant to Court Order Later Set Aside, Distinguishing Mistaken Payment Guidelines Under Rafiq Masih Case for Class III and IV Employees.

29 Mar 2022

The dispute originated from in-service employees of the Rajasthan Medical & Health Subordinate Service, working as ANMs, Lab Technicians, and similar ...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Partly Allows Appeals in Mesne Profits Dispute, Modifying High Court's Reduction. The Court held that the High Court erred in mechanically reducing mesne profits by 50% without considering market rate and property potential, and fixed new rates to meet the ends of justice during stay of execution under the Code of Civil Procedure, 1908.

10 Mar 2022

The dispute arose from four suits filed by the appellant for recovery of possession of portions of a residential house and mesne profits against the r...

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 Rent Control Jurisdiction Dispute - Civil Court Lacks Jurisdiction Over Eviction of Statutory Tenant Under Haryana Rent Act. The Court held that the Civil Court has no jurisdiction to entertain a suit for possession as the subject property is governed by the Haryana (Control of Rent & Eviction) Act, 1973, and the respondents are statutory tenants who can only be evicted under Section 13 of that Act.

28 Jan 2022

The appeal arose from a dispute over jurisdiction in a possession suit concerning leased land in Kaithal, Haryana. The appellants, as owners, had leas...

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