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High Court of Karnataka Hears Regular Second Appeal Against Decree Declaring Suit Darga as Personal Property. The Wakf Board Appealed the First Appellate Court’s Finding that It Failed to Adduce Evidence of Wakf Declaration under Sections 4 and 5 of the Wakf Act, 1995.

The appeal arose from a suit for injunction filed by the plaintiffs, who along with defendant No.1 claimed joint ownership and management of the suit ...

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Supreme Court Allows Appeals in Urban Land Ceiling Case — Possession Not Validly Taken Under Section 10(6) of ULC Act, 1976. Act of Court Should Not Injure Suitor; Repeal of ULC Act in 2008 Vests Land in Appellant.

The appellant, M/S A.P. Electrical Equipment Corporation (now ECE Industries Limited), owned land in Fatehnagar Village, Rangareddy District, Telangan...

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Bombay High Court Allows Appeal Against Remand Order in Encroachment Suit — Remand for Remeasurement Without Setting Aside Trial Court's Findings on Evidence Held Impermissible Under Order 41 Rule 23 CPC. First Appellate Court Cannot Order Fresh Measurement to Fill Gaps in Plaintiff's Case.

The appellant, original defendant in a suit for removal of encroachment, challenged the order of the District Judge-3, Yavatmal, dated 05/07/2016 in R...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the second appellate court cannot re-appreciate evidence unless there is a perverse finding or substantial question of law under Section 100 of CPC.

The appellant, who was the defendant in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging t...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...

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Supreme Court Hears Appeals Against Conviction Under Sections 147, 148, 302/149 IPC for Murder; High Court Had Upheld Trial Court's Conviction Based on Eye-Witness Testimony and Recovery of Bicycles

The appeals before the Supreme Court arose from the judgment of the High Court of Judicature at Allahabad, Lucknow Bench, which affirmed the convictio...