Search Results for "Substantial Questions of Law"

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Search Results for "Substantial Questions of Law"

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Supreme Court

Supreme Court Sets Aside High Court's Dismissal of Second Appeal and Remands Matter for Fresh Consideration Due to Lack of Reasons. High Court Must Assign Reasons When Dismissing Second Appeal In Limine Under Section 100 of Code of Civil Procedure, 1908, to Demonstrate Application of Mind and Allow Understanding of Decision.

29 Nov 2021

The dispute originated from a civil suit for declaration of tenancy, eviction, and other reliefs filed by the plaintiff against the defendant concerni...

Supreme Court

Supreme Court Allows State's Appeal in Will Dispute, Restoring Lower Courts' Findings on Genuineness. High Court's Interference Under Section 100 CPC Held Impermissible as It Re-appreciated Evidence and Formulated Question of Law Incorrectly Based on Factual Findings.

25 Nov 2021

The dispute centered on the genuineness of a Will executed by Kishan Singh on 10 December 1974, bequeathing agricultural land to Harnam Singh, a non-r...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Will Interpretation and Gift Deed Validity. High Court Erred in Interfering with First Appellate Court's Factual Finding on Nature of Bequest Under Section 100 CPC and Wrongly Applied Section 14 Hindu Succession Act When Will Conveyed Full Ownership.

22 Nov 2021

The dispute centered on a house property originally owned by Kashirao Sampatrao Deshmukh, who died in 1977 leaving his wife Shevantabai. After Kashira...

Supreme Court

Supreme Court Dismisses Review Petition in Civil Appeal Due to Absence of Error Apparent on Record. Review Jurisdiction Under Code of Civil Procedure, 1908, Order XLVII Not Invoked as Grounds Failed to Disclose Any Patent Error Justifying Interference with Earlier Dismissal of Special Leave Petition.

16 Nov 2021

The dispute originated from a civil matter where the High Court allowed a second appeal, restoring the trial court's judgment. The petitioner, Vimla D...

Supreme Court

Supreme Court Allows Appeal Against High Court's Dismissal of Second Appeal as Time-Barred, Condoning Delay of 650 Days in Specific Performance Suit. The Court held that the High Court erred in rejecting the condonation application without proper enquiry into the appellant's explanation of non-service of notice due to address change, applying a liberal approach under Section 5 of the Limitation Act, 1963.

8 Oct 2021

The dispute originated from a suit for specific performance of an agreement to sell dated 18.2.1998 concerning agricultural land. The trial court part...

Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute Over Concurrent Factual Findings. High Court Erred in Interfering with Trial and First Appellate Courts' Findings on Possession of Chaubara Under Section 100 of Code of Civil Procedure, 1908, as Second Appeal Jurisdiction is Limited to Substantial Questions of Law.

29 Sep 2021

The dispute concerned property located at GT Road, Shahabad Markanda, involving competing claims over possession of a chaubara (room) on the first flo...

Supreme Court

Supreme Court Dismisses Appeals in Land Title and Specific Performance Dispute, Upholding High Court's Reversal of First Appellate Court Decree. High Court Correctly Exercised Jurisdiction Under Section 100 CPC by Framing Substantial Question of Law on Genuineness of Agreement to Sell and Examining Document Under Section 73 Evidence Act, 1872.

9 Sep 2021

The dispute arose from two civil suits concerning land transactions in Karnataka. The respondent, as plaintiff in the first suit (OS No.20/1985), soug...

Supreme Court

Supreme Court Allows Plaintiff in Property Injunction Suit by Reversing High Court Judgment on Maintainability and Jurisdiction. The Court held that a suit for bare injunction is maintainable without a declaration prayer even when title is disputed, and the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure, 1908 by reappreciating evidence.

2 Sep 2021

The dispute originated from a suit filed by the plaintiff seeking perpetual injunction to restrain the defendants from interfering with the peaceful p...

Supreme Court

Supreme Court Remands Second Appeal to High Court for Reconsideration Due to Improper Disposal - High Court's Summary Endorsement of First Appellate Court's Findings Without Examining Substantial Questions of Law Under Section 100 CPC Set Aside.

28 Jul 2021

The dispute originated from a suit for recovery of possession and damages filed by the plaintiff against the defendant regarding a property transactio...

Supreme Court

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.

16 Nov 2020

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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