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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 ...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Witness Under Order 18 Rule 17 CPC. Trial Court's Discretion Upheld as No Error or Perversity Found in Refusing Recall After Plaintiff Closed Evidence and Defendant's Evidence Was in Progress.

The petitioner, as plaintiff, filed a suit for recovery of money against the respondent in O.S.No.563/2010 before the Principal Civil Judge (Sr.Dn.) &...

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Supreme Court Dismisses Appeal Against High Court Order for Restitution of Possession in Temple Property Dispute. Section 144 CPC Not Attracted as Possession Was Under Interim Order, Not Decree; Court Has Inherent Power to Restore Status Quo Ante.

The appeal arose from a long-standing property dispute concerning temples and shops in Jaipur. The original plaintiff, Bansidhar Sharma (since decease...

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Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947 — Interest Act, 1978 and Article 226 of Constitution Invoked to Prevent Miscarriage of Justice.

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition under Article 226 of the Constitution of India challenging the order of the Central...

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High Court Hears Appeal and Cross-Objections Against Dismissal of Declaration Suit. Suit Filed by Brother of Deceased Religious Head for Declaration of Ownership of Property Allotted in 1952, Dismissed by Trial Court.

This Regular First Appeal and cross-objections arise from the judgment and decree dated 9 September 2005 passed by the Principal City Civil and Sessio...