Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Allows Appeals by Third-Party Purchasers Against Decree Affecting Their Possession: Leave to Appeal Granted as Sale Deed Holders Are 'Persons Aggrieved' Under Section 96 CPC. The Court held that the High Court erred in rejecting the application for leave to appeal, as the trial court's decree directly prejudiced the appellants' rights and interests.

1 Jan 2020

The case involves appeals by third-party purchasers (appellants) who purchased sites from the General Power of Attorney holders of the original owners...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

Supreme Court

Supreme Court Allows Appeal of Taxpayer Against Non-Processing of Income Tax Returns and Refund Claims. Mandamus Issued to Process Returns Under Section 143(1) Within Four Weeks, Subject to Section 143(1D) and Section 241A of the Income Tax Act, 1961.

1 Jan 2020

The appellant, Vodafone Idea Ltd. (formerly Vodafone Mobile Services Ltd), is a telecommunications company that filed income tax returns for Assessmen...

Supreme Court

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.

29 Jul 2019

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 ...

Supreme Court

Supreme Court Dismisses Appeal in Succession Dispute, Holding Probate Not Required for Will Made in Delhi by Hindu. Section 213 of Indian Succession Act, 1925 does not mandate probate for wills by Hindus outside Bengal, Madras, and Bombay territories.

26 Jul 2019

The present appeal arose from a dispute over the estate of Zorawar Singh, who executed a Will dated June 16, 1985 and a codicil dated October 21, 1995...

Supreme Court

Supreme Court Dismisses Appeal Claiming Private Temple Ownership — Revenue Entries Do Not Confer Title Without Document of Title. The Court held that the plaintiff failed to prove the temple was private and that revenue entries alone cannot establish ownership under Section 100 CPC.

22 Jul 2019

The appellant, Ramesh Das (since deceased, represented by legal representatives), filed a civil suit for declaration and perpetual injunction claiming...

Supreme Court

Supreme Court Dismisses Appeal in Gift Deed Dispute — Construction of Document of Title Raises Question of Law Under Section 41 of Punjab Court Act. High Court Correctly Held That Entire Land Was Gifted Based on Authenticated Translation and Conduct of Parties.

16 Jul 2019

The dispute concerns half of the land measuring 3 Biswas and 11 Bighas out of Khasra No. 1252 in Dholewal, Ludhiana. Chaman Lal (the original appellan...

Supreme Court

Supreme Court Allows Appeal in Summary Suit for Recovery of Dues — Conditional Leave to Defend Set Aside. Unconditional Withdrawal of Criminal Prosecution Under Negotiable Instruments Act and Lack of Explanation for Delayed Cheques Indicate No Admission of Debt, Entitling Defendant to Unconditional Leave to Defend.

15 Jul 2019

The Supreme Court considered an appeal against an order granting conditional leave to defend in a summary suit filed by Polycab Wires Pvt. Ltd. agains...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

Supreme Court

Supreme Court Dismisses Appeal in Dargah Land Dispute, Upholds Mutawalis' Right to Possession. Suit for Possession Based on Title Governed by 12-Year Limitation Under Article 65 of Limitation Act, 1963.

3 Jul 2019

The case involves a dispute over agricultural lands situated at village Haregaon, Tq. Ausa, Dist. Latur, claimed by the plaintiffs (respondents herein...

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