Search Results for "Declaration and Injunction"

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Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

Supreme Court

Supreme Court Upholds Trial Court's Decision in Property Sale Dispute, Reversing High Court's Second Appeal - Validates Sale Deed Executed Under Power of Attorney and Awards Rendition of Accounts Against Agent. Registered Power of Attorney Cannot Be Cancelled Orally Under Registration Act, 1908, and Bona Fide Purchaser Protected Despite Agent's Breach of Internal Agreement.

28 Jan 2022

The dispute originated from a suit filed by the plaintiff, a junior engineer, regarding property he owned. He entered into an oral agreement to sell t...

Supreme Court

Supreme Court Allows Appeal Against Karnataka High Court Order Setting Aside Rejection of Plaint in Res Judicata Case. The Court held that the subsequent suit for declaration of title was barred by res judicata and Order II Rule 2 CPC as the issue of title had been finally decided in earlier litigation.

8 Dec 2021

The dispute pertains to 11 acres 16 guntas of agricultural land in Talaghattapura Village, Bangalore. The appellants (Lankappa and others) claimed tit...

Supreme Court

Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

25 Nov 2021

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

Supreme Court

Supreme Court Dismisses Transfer Petition in Criminal Trademark Case Due to Insufficient Grounds and Substantial Progress in Trial. Overlapping Issues with Civil Suits and Convenience Arguments Fail to Justify Transfer Under Section 406 of Code of Criminal Procedure, 1973, as Criminal Proceeding Would Remain Before Magistrate, Not High Court.

7 May 2021

The dispute originated from a criminal complaint filed by Sabu Trade Private Limited against Rajkumar Sabu under Section 156(3) of the Code of Crimina...

Supreme Court

Supreme Court Dismisses Appeal in Will Dispute — Upholds High Court's Finding of Non-Genuine Will Due to Suspicious Circumstances. The court affirmed that the propounder of a Will must dispel all suspicious circumstances, and the High Court's reversal of the Trial Court's decree was justified based on inconsistencies in evidence.

24 Apr 2020

The case involves a civil appeal by the plaintiffs-appellants against the High Court of Karnataka's judgment dated 26.10.2007, which reversed the Tria...

Supreme Court

Supreme Court Allows Appeal in Copyright Infringement Suit — Suit Barred by Limitation Under Article 58 of Limitation Act, 1963. Cause of Action First Arose in 1995 When Plaintiffs Had Knowledge of Defendants' Claims, Not in 2003 When Notice Was Issued.

6 Mar 2020

The Supreme Court allowed the appeal filed by the defendant (M/s. Zee Telefilms Ltd., now Zee Entertainment Enterprises Ltd.) against the judgment of ...

Supreme Court

Supreme Court Dismisses Licensee's Appeal in Electricity Billing Dispute — Holds Additional Demand Time-Barred for Disconnection Under Section 56(2) of Electricity Act, 2003. The two-year limitation for disconnection runs from the date of the original bill, not from discovery of a billing mistake.

18 Feb 2020

The case involves a dispute between the Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Limited (appellant/licensee) and Rahamatullah Khan alias Ra...

Supreme Court

Supreme Court Allows Appeal in Registration Act Case — Compromise Decree Not Requiring Registration. Compromise decree relating to suit property does not require registration under Section 17(2)(vi) of Registration Act, 1908.

31 Jan 2020

The appeal arose from a judgment of the High Court of Madhya Pradesh at Indore Bench dated 13.02.2017, which dismissed the appellants' writ petition c...

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