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Restitution in Court Auction Sales: Upholding Justice Amidst Procedural Challenges Interpretation and Application of Section 144 CPC

Restitution of Judgment Debtors in Court Auction Sales: Interpretation and Application of Section 144 CPC The legal issue in this appeal revolves aro...

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Supreme Court Allows Recovery of Excess Payments from In-Service Nursing Trainees Under Restitution Principle. Recovery Permitted as Payments Were Made Pursuant to Court Order Later Set Aside, Distinguishing Mistaken Payment Guidelines Under Rafiq Masih Case for Class III and IV Employees.

The dispute originated from in-service employees of the Rajasthan Medical & Health Subordinate Service, working as ANMs, Lab Technicians, and similar ...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree Under Section 13(1A)(ii) of Hindu Marriage Act — Non-Compliance with Restitution of Conjugal Rights Decree for Over One Year Constitutes Ground for Divorce.

The appellant-wife challenged the judgment and decree dated 25.01.2022 passed by the I Additional Principal Judge, Family Court, Mysuru in M.C.No.53/2...

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Bombay High Court Dismisses Husband's Second Appeals in Matrimonial Dispute, Upholds Wife's Right to Maintenance and Conjugal Rights. Acquittal in criminal case does not automatically disentitle wife to civil reliefs under Hindu Marriage Act, 1955 and Hindu Adoptions and Maintenance Act, 1956.

The appellant husband and respondent wife married on 16 June 2002. Shortly after marriage, the wife alleged she was forced to leave the matrimonial ho...

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Matrimonial Dispute: Appellant's Offer of Lump Sum Alimony Upholds Supreme Court's Decree of Divorce

This case concerns a long-standing matrimonial dispute between the appellant-husband and respondent-wife, who have been separated since 2008. The marr...