Search Results for "Appellate Court"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...

Search Results for "Appellate Court"

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Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Coparcenary Rights and Validity of Sale Deeds. The Court held that property inherited under Mitakshara law remains coparcenary, and a coparcener by birth can challenge alienations without legal necessity.

1 Jul 2019

The present civil appeal arises from a property dispute concerning agricultural land in Village Khangarh, District Ferozepur, Punjab. The appellant, A...

Supreme Court

Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

27 May 2019

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

Supreme Court

Supreme Court Allows Landlord's Appeal in Slum Area Eviction Case — High Court's Remand Set Aside as Appellate Authority Had Adequately Considered Section 22(4) Factors. The Court held that the High Court ought not to have interfered under Article 227 when the Appellate Authority had considered the relevant factors under Section 22(4) of the Maharashtra Slum Areas Act, 1971 and the eviction decree had attained finality.

10 May 2019

The appellant, Kumud w/o Mahadeorao Salunke, was the landlord of premises governed by the Maharashtra Slum Areas (Improvement, Clearance and Re-develo...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

Supreme Court

Supreme Court Sets Aside Remand Order in Murder Case, Directs High Court to Decide Appeal on Merits — Child Witness Competency Erroneously Assessed by Trial Court. The Court held that the trial court's refusal to record evidence of child witnesses solely because they did not know the judge was manifestly erroneous, but remand after five years would cause prejudice; hence the High Court must decide the appeal on existing evidence.

10 May 2019

The appellant, P Ramesh, was convicted by the Sessions Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputtur for the murder of his w...

Supreme Court

Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

9 May 2019

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

Supreme Court

Supreme Court Dismisses Tenants' Appeal in Eviction Case Under Maharashtra Rent Control Act — Non-User, Nuisance, and Subletting Grounds Upheld. Tenancy in Minor's Name Valid After Attaining Majority; Father's Possession Deemed Unauthorized Subletting.

8 May 2019

The Supreme Court dismissed the appeal filed by the tenants against the eviction decree passed by the Bombay High Court. The original suit was filed b...

Supreme Court

Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

7 May 2019

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

Supreme Court

Supreme Court Remands Second Appeal for Non-Compliance with Section 100 CPC — High Court Failed to Frame Substantial Question of Law at Admission Stage. The Court held that framing substantial questions of law for the first time in the final judgment violates the mandatory procedure under Section 100(4) of the Code of Civil Procedure, 1908, and remanded the case for fresh disposal.

7 May 2019

The appellant, a temple (Arulmighu Nellukadai Mariamman Tirukkoil), filed a civil suit for eviction of the respondent (Tamilarasi) from suit property....

Supreme Court

Supreme Court Allows Appeal in Partition Suit: Time Spent in Order IX Rule 13 Proceedings Can Constitute Sufficient Cause for Condonation of Delay in Filing Appeal Under Section 96(2) CPC. The Court held that the right of appeal under Section 96(2) CPC is a statutory right and cannot be barred by dismissal of an application under Order IX Rule 13 CPC, and that time spent in pursuing such proceedings can be considered sufficient cause under Section 5 of the Limitation Act, 1908.

7 May 2019

The Supreme Court allowed the appeal filed by Bhivchandra Shankar More against the judgment of the Bombay High Court which had refused to condone the ...

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