Search Results for "jurisdiction ouster"

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Supreme Court Dismisses Appeal in Ejectment Case Under Punjab Security of Land Tenures Act, 1953. Civil Suit Not Barred Under Section 25 as Revenue Court Order Was Without Jurisdiction Due to Absence of Landlord-Tenant Relationship and Invalid Sale of Trust Property.

The Supreme Court of India heard a civil appeal arising from a dispute over ejectment of a tenant from agricultural land. The appellants, claiming to ...

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Supreme Court Allows Appeal by Purchasers from Co-sharer in Injunction Suit: Concurrent Findings of Fact Binding on High Court. Co-sharer's Possession Not Adverse Without Ouster, Purchaser Steps into Vendor's Shoes Under Property Law.

The Supreme Court allowed the appeal by defendant Nos.1 and 2, setting aside the High Court's judgment and restoring the concurrent findings of the Tr...

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Bombay High Court Allows Deletion of Issue in Civil Suit — Limitation and Adverse Possession Cannot Be Raised Without Plea of Ouster. Issue regarding limitation and adverse possession framed without pleadings is liable to be deleted under Order XIV Rule 5 CPC.

The petitioners, who are plaintiffs in Regular Civil Suit No.134/02/D before the Civil Judge, Junior Division, Margao, challenged the order dated 21st...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Relinquishment Deed Without Consideration Not Binding. Family arrangement without consideration does not estop a coparcener from claiming partition of joint family properties.

This Second Appeal arises from a suit for partition and possession filed by the respondent (original plaintiff) against the appellant (original defend...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...