Search Results for "Immovable properties"

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Search Results for "Immovable properties"

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Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Allows Appellant in Civil Appeal Against High Court's Interference Under Article 227 Constitution of India - High Court's order setting aside trial court's decision to set aside ex parte decree was quashed as unjustified interference in discretionary order under Order IX Rule 13 CPC.

11 Jan 2022

The dispute arose from a civil suit for recovery of money filed by the respondent against the appellant. The appellant contested the suit, but during ...

Supreme Court

Supreme Court Dismisses Contempt Petition Against Debutter Board Members for Alleged Non-Compliance of Directions in Kamakhya Temple Case. Court Holds That Original Judgment Did Not Direct Payment of Money, and Contempt Jurisdiction Cannot Be Used to Enforce Such Obligations.

15 Dec 2021

The contempt petitions were filed by the Bordeuri Samaj of Sri Sri Maa Kamakhya Temple alleging that the respondents (members of the Kamakhya Debutter...

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 Civil Appeal in Family Settlement Admissibility Case - Unregistered Kharurunama and Receipt Admissible as Corroborative Evidence. The Court held that if a family settlement document merely records a pre-existing oral agreement, it does not require registration under Section 17(1)(b) of the Registration Act, 1908 and can be used as evidence for collateral purposes, remanding the matter for trial court determination.

1 Oct 2021

The Supreme Court of India heard a civil appeal arising from a special leave petition, concerning the admissibility of an unregistered family settleme...

Supreme Court

Supreme Court Allows Refund of Stamp Duty in Consumer Dispute, Overturns High Court's Limitation Bar. Stamp Duty Refund Application Not Barred by Six-Month Limitation Under Section 48(3) of Maharashtra Stamp Act, 1958 When Stamp Paper Purchased Bona Fide and Transaction Failed Due to Judicial Order from National Consumer Disputes Redressal Commission.

24 Sep 2021

The dispute originated from the appellant's booking of a residential apartment in Pune in 2014, where he paid stamp duty for an agreement to sell. A d...

Supreme Court

Supreme Court Directs Audit of Temple Trust in Compliance with Previous Judgment Amid Financial Crisis. The court ordered the Sree Padmanabha Swamy Temple Trust to provide accounts for a special audit as per the Amicus Curiae's recommendation, overriding the Trust's claim of separateness, due to the temple's severe financial distress from COVID-19 lockdowns.

22 Sep 2021

The Supreme Court dealt with miscellaneous applications concerning Sree Padmanabha Swamy Temple, addressing compliance with its previous judgment dire...

Supreme Court

Supreme Court Upholds Contempt Conviction for Breach of Undertaking in Loan Recovery Proceedings. Directors' Failure to Honour Court Undertaking Despite Multiple Opportunities Constitutes Wilful Contempt Under Contempt of Courts Act, 1971, Sections 10 and 12.

9 Aug 2021

The Supreme Court considered a special leave petition challenging contempt convictions for breach of an undertaking given during loan recovery proceed...

Supreme Court

Supreme Court Dismisses Appeal in Charitable Trust Property Sale Dispute. The Court upheld the Bombay High Court's order directing sale to the highest bidder, emphasizing trustees' duty to maximize value under Section 36(1) of the Maharashtra Public Trust Act, 1950, and found the appellant's delayed deposit insufficient to overturn the sale.

19 Jul 2021

The appeal arose from a judgment of the Bombay High Court concerning the sale of property belonging to Govardhan Sanstha, a registered charitable trus...

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