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Supreme Court Allows Appeal in Restitution Case Under Section 144 CPC — Interim Injunction Not a Decree for Possession. Section 144 CPC Not Attracted Where No Decree or Order Directed Delivery of Possession.

The dispute originated from a suit filed by Ganeshi Lal, claiming as next friend of the deity at Bhawani Mata Mandir, seeking a permanent injunction a...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Failure to Prove Legally Enforceable Debt. Accused's Defence of Blank Cheque Misuse and Absence of Loan Disbursement Raises Probable Doubt, Rebutting Presumption Under Section 139.

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881. The appellant, ANSS Rajashekar, was accused by the resp...

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Supreme Court Remands Second Appeal to High Court for Fresh Disposal Due to Lack of Reasoning in Dismissal Order. High Court's Casual Approach in Dismissing Second Appeal Without Framing Substantial Questions of Law Under Section 100 CPC Found Unsustainable.

The State of Rajasthan and its authorities appealed against the judgment of the Rajasthan High Court which dismissed their second appeal in limine. Th...

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Supreme Court Allows Electricity Board to Complete Sub-Station in Land Dispute Case. Balance of Convenience and Public Interest Outweighs Alleged Possession Claims.

The dispute pertains to a land measuring about 3.61 acres in Jamshedpur, Jharkhand. The respondents (plaintiffs) claimed that their mother, late Smt. ...

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Supreme Court Allows Appeal in Gift Deed Dispute, Restores Concurrent Findings of Trial Court and First Appellate Court. High Court's Reversal Set Aside for Exceeding Jurisdiction Under Section 100 CPC and Misconstruing Valuation as Consideration.

The Supreme Court allowed the appeal filed by Jagdish Chander (appellant/first defendant) against the judgment of the Himachal Pradesh High Court whic...

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Supreme Court Upholds Validity of Pre-deposit Condition Under Punjab VAT Act. Condition of 25% Pre-deposit for First Appeal Held Not Unconstitutional, but Appellate Authority Has Inherent Power to Grant Interim Relief.

The Supreme Court considered a batch of appeals challenging the judgment of the Punjab and Haryana High Court which upheld the validity of Section 62(...