Search Results for "equitable relief"

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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 Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

Supreme Court

Supreme Court Allows Landlord's Appeal in Permanent Injunction Suit — Tenant Fails to Prove Actual Possession Under Section 38 of Specific Relief Act, 1963. The Court held that possession cannot be inferred from circumstances and absence of business licences and electricity connection negates claim of possession.

6 Feb 2019

The Supreme Court allowed the appeal filed by the appellant-landlord against the judgment of the Bombay High Court which had affirmed the First Appell...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Case Due to Concurrent Findings of Fact. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

7 Jan 2019

The appellant, Kamal Kumar, filed a civil suit against Premlata Joshi and others seeking specific performance of a contract for sale of suit land. The...

Supreme Court

Supreme Court Allows Appellants to Retain Jobs Despite Lack of Eligibility on Cut-off Date in Junior Engineer Selection Case. Court Holds That While Eligibility Must Be Determined as on Cut-off Date, Equitable Relief Can Be Granted Based on Long Service and Other Factors.

1 Jan 2019

The case pertains to the selection and appointment of Junior Engineers (Elect) Grade II in the State of Jammu and Kashmir. The Services Selection Boar...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

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