Search Results for "amended plaint"

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

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Supreme Court Dismisses Appeal in Title Suit Over Land Ownership Due to Insufficient Proof of Title. Plaintiffs Failed to Establish Ownership Over Suit Land Despite Claims Based on Oral and Decreed Partitions, Leading to Upholding of Trial Court's Dismissal.

The dispute originated from a title suit filed in 1967 by Banaras Sah, acting for himself and as legal guardian of his six minor sons, against Krishna...

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Supreme Court Dismisses Appeal in Title Suit Over Land Ownership and Possession. Plaintiffs' Title Established Through Partition Evidence and Mutation Application, Supporting Decree for Possession Against Defendant's Legal Representatives.

The dispute originated from a title suit filed in 1967 by Banaras Sah, acting for himself and as legal guardian of his six minor sons, against Krishna...

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Supreme Court Allows Appeal in Indigent Person Case — Dismissal of Application Under Order 33 CPC Not a Bar for Filing Appeal Under Order 44 CPC. The Court held that the appellate court must conduct a fresh inquiry into the applicant's indigent status at the appellate stage under Order 44 Rule 3 CPC.

The appellant, Sushil Thomas Abraham, filed a civil suit for recovery of Rs.74,66,107/- as an indigent person under Order 33 Rule 1 CPC, claiming inab...

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...