Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Dismisses Appeal in Civil Revision Petition Against Eviction Decree on Admission Under Order XII Rule 6 CPC. The Court upheld the High Court's order, finding that the defendants' written statement contained admissions of plaintiff's ownership and tenancy, warranting a decree under Order XII Rule 6 of the Code of Civil Procedure, 1908, despite a pending suit for specific performance.

4 Oct 2021

The dispute originated from a civil suit filed by the respondent (original plaintiff) against the appellants (original defendants) for possession, man...

Supreme Court

Supreme Court Allows Transfer Petition in Matrimonial Case Under CPC Section 25. Transfer Granted from Delhi to Nainital Family Court Considering Family Connections in Haldwani and Geographical Separation of Parties.

1 Oct 2021

The Supreme Court of India heard a transfer petition filed under Section 25 of the Code of Civil Procedure, 1908. The petitioner sought transfer of a ...

Supreme Court

Supreme Court Allows Civil Appeal in Family Settlement Admissibility Case - Unregistered Kharurunama and Receipt Admissible as Corroborative Evidence. The Court held that if a family settlement document merely records a pre-existing oral agreement, it does not require registration under Section 17(1)(b) of the Registration Act, 1908 and can be used as evidence for collateral purposes, remanding the matter for trial court determination.

1 Oct 2021

The Supreme Court of India heard a civil appeal arising from a special leave petition, concerning the admissibility of an unregistered family settleme...

Supreme Court

Supreme Court Reverses Appellate Decisions and Upholds Trial Court Decree in Property Dispute Involving Registered Sale Deed. The Court held that the registered sale deed is valid as fraud was not proven, oral evidence cannot contradict its terms under Section 91 of the Evidence Act, 1872, and amendments to pleadings after long delay were improper, with the second suit barred by res judicata under Section 11 of the Code of Civil Procedure, 1908.

30 Sep 2021

The dispute arose between brothers over property ownership following a registered sale deed dated 14.9.1970. The plaintiff (elder brother) filed a sui...

Supreme Court

Supreme Court Sets Aside High Court Order Restoring Suit and Upholds Auction Sale in Civil Appeal. High Court Erred in Granting Relief to Defendant Despite Evidence of Service and Completion of Auction Proceedings Under Order IX Rule 13 of Code of Civil Procedure, 1908.

29 Sep 2021

The dispute originated from a suit for recovery of money filed by respondent no. 2 against respondent no. 1 regarding part sale consideration for prop...

Supreme Court

Supreme Court Upholds Mandatory Age Limit in Teacher Appointment Scheme and Sets Aside Continuance of Ineligible Appointee. The Court held that the upper age limit of 35 years under the Rehbar-e-Taleem scheme was mandatory to prevent arbitrariness under Articles 14 and 16 of the Constitution, and age relaxation notifications apply prospectively only.

29 Sep 2021

The dispute arose from the Rehbar-e-Taleem (Re-T) scheme launched by the State of Jammu and Kashmir on 28.04.2000 to address staff deficiencies in ele...

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 Disposes Transfer Petition in Family Dispute Upon Parties' Reconciliation and Withdrawal of Related Petitions. Transfer Petition Withdrawn as Parties Reunited, With Petitioner Withdrawing Divorce and Maintenance Petitions and Respondent Directed to Withdraw Visitation Rights Petition Under Code of Civil Procedure, 1908.

24 Sep 2021

The Supreme Court of India, in its civil original jurisdiction, addressed a transfer petition filed by the petitioner-wife against the respondent-husb...

Supreme Court

Supreme Court Allows Landowners' Appeals for Enhanced Compensation in Land Acquisition Case Based on Parity and Comparable Sales. Compensation Enhanced to Rs.28.12 per Square Yard for Lands Acquired in 1976 Under Sections 4, 6, and 18 of Land Acquisition Act, 1894, as Similar Lands in Comparable Cases Received Same Rate.

23 Sep 2021

The dispute involved appeals by original landowners against the High Court's dismissal of their appeals seeking enhanced compensation for lands acquir...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

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