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Supreme Court

Supreme Court Allows Appeals by Punjab Wakf Board, Holds Wakf Tribunal Has Jurisdiction Over Suits for Possession of Wakf Property. The Court distinguished Ramesh Gobindram and held that under the Wakf Act, 1995, the Tribunal has exclusive jurisdiction over disputes relating to wakf property, even against non-Muslim lessees.

7 Feb 2019

The Supreme Court allowed two appeals filed by the Punjab Wakf Board against separate judgments of the Punjab and Haryana High Court. The High Court h...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit for Clubbing Properties in Different Jurisdictions. Section 17 CPC Does Not Permit a Single Suit for Separate Immovable Properties Situated in Different States.

6 Feb 2019

The appeal arose from a civil suit filed by the appellant (plaintiff) seeking declaration that two properties—one in Indore, Madhya Pradesh, and ano...

Supreme Court

Supreme Court Upholds Vesting of Charnoi Land in State Under Madhya Bharat Abolition of Zamindari Act. Common Grazing Land Not Saved as Grove Under Section 5(f) Despite Presence of Fruit-Bearing Trees.

6 Feb 2019

The present appeal arose from a suit for declaration and permanent injunction filed by the plaintiffs/respondents concerning land recorded as 'Charnoi...

Supreme Court

Supreme Court Allows Landlord's Appeal in Permanent Injunction Suit — Tenant Fails to Prove Actual Possession Under Section 38 of Specific Relief Act, 1963. The Court held that possession cannot be inferred from circumstances and absence of business licences and electricity connection negates claim of possession.

6 Feb 2019

The Supreme Court allowed the appeal filed by the appellant-landlord against the judgment of the Bombay High Court which had affirmed the First Appell...

Supreme Court

Supreme Court Allows Restoration of First Appeal Dismissed in Default, Emphasizes Liberal Construction of Procedural Law to Advance Substantial Justice. The Court held that an order refusing to readmit an appeal under Order 41 Rule 19 CPC is appealable under Order 43 Rule 1(t) CPC, and that the application disclosed sufficient cause for restoration.

5 Feb 2019

The appeal arose from a civil suit filed by the respondent (plaintiff) against the appellant, Mysore Urban Development Authority (defendant), seeking ...

Supreme Court

Supreme Court Dismisses Appeal in Land Dispute Over Escheated Property, Upholds High Court's Reversal of Injunction. Patwari's Unauthorized Entry Cannot Confer Sirdari Rights Under Kumaon and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960.

5 Feb 2019

The dispute concerns agricultural land in Village Gyansu, District Uttar Kashi, originally owned by Badri Aswal and his wife Tulsa Devi, who died with...

Supreme Court

Supreme Court Remands Land Dispute Case for Fresh Trial Due to Procedural Irregularity in Demarcation Report. The High Court's dismissal of the suit was set aside as the First Appellate Court had relied on other evidence besides the Commissioner's report, and the matter required fresh consideration.

4 Feb 2019

The case involves a land dispute between the appellants (plaintiffs) and respondents (defendants) over Khasra No. 146. The plaintiffs alleged that the...

Supreme Court

Supreme Court Allows Appeal in Section 6 Specific Relief Act Suit — High Court's Revision Under Section 115 CPC Set Aside for Exceeding Jurisdiction. Revisional Power Cannot Be Used to Correct Errors of Fact or Law in Interlocutory Orders.

4 Feb 2019

The dispute arose from a civil suit filed by Respondent No.1 (Shashi Verma) under Section 6 of the Specific Relief Act, 1963, seeking declaration of w...

Supreme Court

Supreme Court Upholds Setting Aside of Ex Parte Preliminary Decree in Redemption Suit — Order 9 Rule 13 CPC Maintainable. The court held that a decree passed after defendants were proceeded ex parte under Order 9 Rule 6(1)(a) and the court proceeded under Order 17 Rule 2 (Explanation) is an ex parte decree amenable to Order 9 Rule 13 CPC.

1 Feb 2019

The original appellant, G. Ratna Raj (since deceased, represented by legal representatives), filed a civil suit (C.S. No. 131/1999) in the High Court ...

Supreme Court

Supreme Court Upholds High Court Order Quashing Chairman's Stay on Tribunal Proceedings — Chairman of Central Administrative Tribunal Cannot Stay Proceedings Pending Before a Division Bench While Sitting Singly. The Court held that the Chairman's power under Section 5(6) read with Section 25 of the Administrative Tribunals Act, 1985 does not extend to staying proceedings before a co-ordinate Bench.

1 Feb 2019

The Supreme Court dismissed the appeal filed by All India Institute of Medical Sciences (AIIMS) against the Uttarakhand High Court's order quashing th...

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