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Supreme Court Allows Appeal, Restores Magistrate's Cognizance Order in Complaint Case Under Sections 323, 379 IPC. High Court Erred in Quashing Complaint Based on Civil Dispute and Appreciating Evidence Under Section 482 CrPC.

The appellant, Md. Allauddin Khan, filed a complaint against respondent Nos. 2 and 3 alleging offences under Sections 323, 379 read with Section 34 of...

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Supreme Court Dismisses Appeal in Land Title Dispute — Concurrent Findings Upheld. Patta Validity Requires Proof of Abandonment or Revocation of Earlier Patta Under Madhya Pradesh Land Revenue Code.

The Supreme Court dismissed an appeal arising from a land title dispute in Madhya Pradesh. The respondents-plaintiffs (Shiv Nath and deceased Vishwana...

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Supreme Court Partly Allows Appeal Against High Court's Direction to Vacate Premises in Pending Small Causes Proceedings. High Court Exceeded Jurisdiction Under Article 227 by Ordering Eviction Without Final Order Under Sections 41/43 of Presidency Small Causes Courts Act, 1882.

The appellant purchased property in 1994 and claimed possession. He filed a suit for permanent injunction (CS No.1069 of 2003) which was dismissed, an...

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Supreme Court Allows Appeal by Purchasers from Co-sharer in Injunction Suit: Concurrent Findings of Fact Binding on High Court. Co-sharer's Possession Not Adverse Without Ouster, Purchaser Steps into Vendor's Shoes Under Property Law.

The Supreme Court allowed the appeal by defendant Nos.1 and 2, setting aside the High Court's judgment and restoring the concurrent findings of the Tr...

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Supreme Court Dismisses Appeal in Land Dispute, Grants Liberty to File Fresh Suit for Proper Reliefs. The Court held that the suit was misconceived as the appellant claimed improper reliefs instead of seeking declaration of ownership and injunction against interference without due process of law.

The appellant, Anant Shankar Bhave, filed a civil suit against the Kalyan Dombivli Municipal Corporation seeking a declaration that the act of changin...

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Supreme Court Remands Civil Suit for Fresh Trial Due to Denial of Opportunity to File Written Statement. The Court held that a decision rendered without affording a fair opportunity to the defendant to file a written statement and adduce evidence is not legally sustainable.

The appellant, Rajinder Tiwari, as plaintiff filed a civil suit for permanent injunction against the original respondent, Kedar Nath (now deceased, re...