Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Dismisses Union of India's Appeal in Land Acquisition Compensation Case — Lease Not Fraudulent. High Court's finding that lease was validly granted by Gaon Sabha with due approval upheld; no fraud established to vitiate earlier decree.

14 Aug 2020

The Union of India and another appealed against the High Court of Delhi's judgment dated 21.05.2007, which allowed the respondents' appeals and set as...

Supreme Court

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.

31 Jul 2020

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 ...

Supreme Court

Supreme Court Upholds NCDRC Order on Medical Negligence Compensation but Leaves Jurisdictional Issue Open. The Court affirmed the award against Safdarjung Hospital due to the small compensation amount and lack of factual challenge, while clarifying that the question of jurisdiction under Section 2(1)(o) of the Consumer Protection Act, 1986, remains undecided for future cases.

23 Jul 2020

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 7 October 2016, which held Safdarjung Hospital lia...

Supreme Court

Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

22 Jul 2020

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Control Case — Notice Requirement Under Section 21(1)(a) Proviso of U.P. Rent Control Act Can Be Satisfied by Oral or Written Notice, No Mandatory Mode Prescribed. The Court restored the eviction order, holding that the High Court erred in reversing concurrent findings on notice and comparative hardship.

20 Jul 2020

The appellant, Mohd. Asif Naseer, purchased a shop (Shop No.64) in Lucknow via registered sale deed dated 29.10.2004. The respondent, West Watch Compa...

Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

Supreme Court

Supreme Court Transfers Partition Suit to Bombay High Court for Clubbing with Testamentary Proceeding — Primacy of Probate Court in Will Validity Issues. Transfer Ordered to Avoid Inconsistent Findings as Common Assets Exist Between Partition Suit and Testamentary Petition Under Indian Succession Act, 1925.

18 Jun 2020

The petitioners, Shamita Singha and Masoom Singha, are daughters of Late Pawan Kumar Singha from his first marriage. They sought transfer of a suit fo...

Supreme Court

Supreme Court Dismisses SLP Against Rejection of Review in Arbitration Dispute — Earlier SLP Against Main Judgment Dismissed Without Liberty. Principle of Finality Bars Subsequent Challenge to Review Order.

22 May 2020

The Supreme Court dismissed special leave petitions filed by Patel Engineering Ltd. against the High Court of Meghalaya's order rejecting their review...

Supreme Court

Supreme Court Allows Appeal in FCI Lease Dispute — Agreement to Lease Not a Lease Under Section 105 of Transfer of Property Act, 1882. The Court held that the agreement dated 16.12.1976 was an agreement to enter into a lease, not a lease itself, as it did not create a present and immediate interest in the land.

13 May 2020

The present appeal arises from a judgment of the High Court of Madhya Pradesh which allowed the appeal of the Food Corporation of India (FCI) and dism...

Supreme Court

Supreme Court Allows Appeal: Stranger to Compromise Decree Can Challenge It by Separate Suit — Order 23 Rule 3A CPC Does Not Bar Such Suit

6 May 2020

The appeal arose from a suit filed by the appellant, Triloki Nath Singh, seeking a declaration that a compromise decree dated 15 September 1994 passed...

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