Search Results for "Pleading and evidence"

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Ownership and Possession Over Suit Property.

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated ...

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Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC.

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge,...

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High Court of Karnataka Allows Appeal in Ejectment Suit — Tenant's Denial of Landlord's Title Forfeits Protection Under Rent Control Act. The tenant's denial of title and chronic default in rent payment entitles the landlord to decree for ejectment under Section 111(g) of Transfer of Property Act, 1882.

The appellant-plaintiff filed a suit for ejectment against the respondent-defendant, alleging that the defendant was a tenant under one Smt. Chinnamma...

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Bombay High Court Dismisses Appeal Against Municipal Corporation's Action to Remove Unauthorized Vertical Extension in Notified Slum. Unauthorized Construction Cannot Be Protected Merely Because It Is Situated in a Slum Area.

The appellant, Mujibur Rehman Chaudhary, filed a civil suit in the City Civil Court at Bombay challenging a notice dated 31 December 2019 issued by th...

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Supreme Court Upholds Reinstatement of Medically Invalidated CRPF Constable in Service Law Case — Employer Must Consider Alternative Employment Before Medical Invalidation. Medical Invalidation Without Exploring Alternative Post Violates Right to Livelihood Under Article 21 of Constitution.

The case involves an appeal by the Union of India and CRPF officers against the High Court of Himachal Pradesh's order reinstating a constable (driver...

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Bombay High Court Allows Appointment of Arbitrator in Employment Dispute Despite Alleged Full and Final Settlement. Arbitration Clause Survives Termination of Contract and Dispute Regarding Settlement Must Be Decided by Arbitrator.

The applicant, Akshat Madan, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator...