Search Results for "Adverse Possession"

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Supreme Court Allows Appeal in Electricity Duty Case Due to Statutory Interpretation. Levy Under Bihar Electricity Duty Act 1948 Not Applicable as Supply Was to Licensee, Not Consumer as Defined Under Sections 2(b) and 2(ee).

The appeal arose from a judgment of the Patna High Court dated 18 September 2017, which declined to entertain a writ petition filed by the appellant, ...

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Supreme Court Dismisses Union of India's Appeal in Land Grabbing Case Due to Application of Res Judicata. Prior Civil Court Decree Conclusively Determined Title and Possession, Barring Re-litigation Under Section 8 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

The dispute originated from an application filed by the legal heirs of S.V. Srinivasulu Naidu under Section 8 of the Andhra Pradesh Land Grabbing (Pro...

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Supreme Court Dismisses Appeal in Permanent Injunction Suit — Concurrent Findings of Three Courts Upheld. Defendant's Claim of Boundary Dispute and Bar of Civil Court Jurisdiction Rejected as No Substantial Question of Law Arises.

The present appeal arises from a suit for permanent injunction filed by the plaintiffs (respondent Nos. 1 and 2) on 31 July 1971, claiming ownership a...

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Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

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Supreme Court Allows Plaintiff's Claim for Possession in Property Dispute Based on Title and Rejects Adverse Possession Defense. Licensee's Possession Cannot Be Converted into Adverse Possession Without Clear Evidence of Ouster.

The dispute pertained to a suit property in Bangalore. The original plaintiff, A. Krishnappa, claimed ownership of the property as joint family proper...

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Supreme Court Allows Appeal in Property Dispute Over Family Settlement Memorandum Registration. Court holds that memorandum recording pre-existing family arrangement does not require registration under Indian Registration Act, 1908, and parties acting upon it are estopped from resiling.

The appeal arose from a judgment of the High Court of Punjab and Haryana at Chandigarh in a second appeal, which reversed the first appellate court's ...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...