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SUPREME COURT OF INDIA

Year of decision: 2103
Details

Evidence Act, 1872, Section 101, 102 -- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff's..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Adverse possession -- Suit for declaration of title on the basis of adverse possession is maintainable...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Enquiry as to whether civil court is entitled to entertain and try a suit has to be made by keeping in mind provision of S.9 CPC and relevant enactment which bars a suit...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Jurisdiction of Court - If at this stage Court is of the opinion that suit is barred by law or is otherwise not maintainable, it cannot dismiss it without framing a preliminary issue after written statement is filed but interim relief can be refused - However, in case of extraordinary situation Court may..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - S.47, CPC, being one of the most important provisions relating to execution of decrees, mandates that an executing court shall determine all questions arising between the parties to the suit or their representatives in relation to the execution, discharge, or satisfaction of the decree and that such..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Filed by one out of several defendants denying plaint averments - Plaintiffs claim be proved by evidence, oral and documentary, instead of decreeing suit against one of defendants in most slipshod manner...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Agreement to sell -- Specific performance - Further sale of property much prior to issuance of legal notice and institution of suit in favour of appellant No.7 - No relief sought for cancellation of such sale deed - Suit for specific performance is not maintainable...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Agreement to sell -- Specific performance - Fixed time frame of six months for making payment in full - Plaintiff did not offer to pay remaining/balance amount before expiry of six months period - Plaintiff thus not complied with his obligation under the agreement within six months period - Suit for specific performance to execute sale deed not available - Order of trial..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 16, Rule 21, Evidence Act, 1872, Section 120, 137, 138, 139, 154, 155 -- Party as its own witness and a witness - Provisions of the Code as also Evidence Act do not differentiate between a party to the suit acting as a witness and a witness otherwise called by such a party to testify...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........

Showing : 1-10 of 2616 Results