The State of Goa vs. Summit Online Trade Solutions (P) Ltd & Ors. [Civil Appeal No. 1700/2023] Small part of cause of action not sufficient to confer jurisdiction on the high court RELEVANT PARAGRAPH 2. …….According to the appellant, a notification issued under a statute enacted by a State legislature cannot be subjected to judicial […]
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Ashutosh Samanta (D) by Lrs. & Ors. vs. Sm. Ranjan Bala Dasi & Ors [Civil Appeal No.7775 of 2021] The presumption under Section 90 as to the regularity of documents more than 30 years of age is inapplicable while proving wills RELEVANT PARAGRAPH 12. This court, in M.B. Ramesh (D) by L.Rs. v K.M. Veeraje
Sirajudheen vs. Zeenath & Ors. [Civil Appeal No. 1491 of 2023] What is the scope of remand under Order XLI of the Civil Procedure Code? RELEVANT PARAGRAPH 9.1. The provisions contained in Rules 23, 23-A, 24, 27 and 33 of Order XLI CPC read as under: – 23. Remand of case by Appellate Court.- Where
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Sirajudheen vs. Zeenath & Ors. [Civil Appeal No. 1491 of 2023] What is the true test to allow additional evidence at the appellate stage? RELEVANT PARAGRAPH 9.3. In the case of Sanjay Kumar Singh (supra) relied upon by the learned counsel for the respondent No. 1, this Court has observed as under:- 7. It is
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Shah Newaz Khan & Ors. vs. State of Nagaland & Ors. [Civil Appeal No. 1497/2023] Whether a common High Court for two states order inter-state transfer cases from one to another jurisdictional district? – Yes RELEVANT PARAGRAPH 3. Shortly put, the issue is: Is the Supreme Court the sole repository of power in terms of
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Sanwarlal Agrawal & Ors. vs. Ashok Kumar Kothari & Ors. [Civil Appeal No (s). 1312-1313 of 2023] Court executing a decree cannot go behind the decree RELEVANT PARAGRAPH 15. This Court has time and again cautioned against the Execution Court adopting such an approach. In Topanmal Chhotamal v. Kundomal Gangaram, AIR 1960 SC 388 a
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Gas Point Petroleum India Limited vs. Rajendra Marothi & Ors. [Civil Appeal No. 619 of 2023] Whether nonÂcompliance with provisions of Order 21 Rule 84 and Order 21 Rule 85 vitiate sale? RELEVANT PARAGRAPH 8.2 The decision of this Court in the case of Manilal Mohanlal Shah (supra) fell for consideration before this Court in
Ashwini Kumar Upadhyay vs. Union of India and Another [Writ Petition (Civil) No 967 of 2017] Permitting a candidate to contest from more than one seat in a parliamentary election is a matter of legislative policy RELEVANT PARAGRAPH 12. Permitting a candidate to contest from more than one seat in a Parliamentary election or at
Baini Prasad (D) Thr. LRs. vs. Durga Devi [Civil Appeal No. 6182-6183 of 2009] Court should not ordinarily award damages instead of a mandatory injunction where a trespasser constructs a building RELEVANT PARAGRAPH 20. The entire circumstances revealed from the evidence on record unerringly point to the fact that the appellant had encroached upon land
Baini Prasad (D) Thr. LRs. vs. Durga Devi [Civil Appeal No. 6182-6183 of 2009] Essentials for attraction of section 51 of the Transfer of Property Act RELEVANT PARAGRAPH 21. ………..As held by the learned Single Judge we are of the considered view that in a case where the owner of the land filed suit for recovery
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