Code of Civil Procedure, 1908 with Section 100

Supreme Court Remands Eviction Case Due to Procedural Error: Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (Dead) (2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Dinesh Maheshwari, Judges

Supreme Court Remands Eviction Case Due to Procedural Error: Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (Dead) (2019) LEGAL ISSUE: Procedural compliance in second appeals before the High Court. CASE TYPE: Civil Case Name: Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (Dead) By LRs. [Judgment Date]: May 7, 2019 Date of the Judgment: May 7, 2019 Citation: […]

Supreme Court Remands Eviction Case Due to Procedural Error: Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (Dead) (2019) Read Post »

Supreme Court Upholds Self-Acquired Property Rights in Family Dispute: S. Subramanian vs. S. Ramasamy (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Hindu Law, Joint Family Property, Judges, L. Nageswara Rao, M.R. Shah

Supreme Court Upholds Self-Acquired Property Rights in Family Dispute: S. Subramanian vs. S. Ramasamy (2019) LEGAL ISSUE: Whether self-acquired property of a Hindu individual can be considered as joint family property through blending. CASE TYPE: Civil (Property Law, Family Law) Case Name: S.Subramanian vs. S. Ramasamy Etc. Etc. [Judgment Date]: May 1, 2019 Introduction Date

Supreme Court Upholds Self-Acquired Property Rights in Family Dispute: S. Subramanian vs. S. Ramasamy (2019) Read Post »

Supreme Court Upholds Family Settlement, Rejects High Court’s View on Registration: Thulasidhara vs. Narayanappa (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Family Settlement, Judges, L. Nageswara Rao, M.R. Shah, Property Law, Registration Act, 1908, Transfer of Property Act, 1882

Supreme Court Upholds Family Settlement, Rejects High Court’s View on Registration: Thulasidhara vs. Narayanappa (2019) LEGAL ISSUE: Whether an unregistered family settlement document requires mandatory registration to be admissible as evidence and whether a party can challenge a sale deed without filing a separate suit. CASE TYPE: Civil (Property Dispute) Case Name: Thulasidhara & Another

Supreme Court Upholds Family Settlement, Rejects High Court’s View on Registration: Thulasidhara vs. Narayanappa (2019) Read Post »

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Dinesh Maheshwari, Judges, Second Appeal

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019) Date of the Judgment: April 16, 2019 Citation: 2019 INSC 386 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a High Court, in a second appeal, decide the case without addressing the substantial questions of law it initially

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019) Read Post »

Supreme Court Remands Income Tax Case for Fresh Adjudication: Commissioner of Income Tax-I vs. M/s Rashtradoot (HUF) (27 February 2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Dinesh Maheshwari, Income Tax Act, 1961, Income Tax Act, 1961 with Section 260A, Judges

Supreme Court Remands Income Tax Case: Commissioner of Income Tax-I vs. M/s Rashtradoot (HUF) (2019) LEGAL ISSUE: Whether the High Court erred in dismissing the Revenue’s appeal without framing substantial questions of law and providing reasons for its decision. CASE TYPE: Income Tax Appeal Case Name: Commissioner of Income Tax-I vs. M/s Rashtradoot (HUF) [Judgment

Supreme Court Remands Income Tax Case for Fresh Adjudication: Commissioner of Income Tax-I vs. M/s Rashtradoot (HUF) (27 February 2019) Read Post »

Supreme Court Remands Eviction Case Due to High Court’s Error on Quit Notice: Shrikant vs. Narayan Singh (2018)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Indira Banerjee, Judges, R. Banumathi, Second Appeal

Supreme Court Remands Eviction Case Due to High Court’s Error on Quit Notice: Shrikant vs. Narayan Singh (2018) LEGAL ISSUE: Whether the High Court can decide on the validity of a quit notice when it was not a framed issue in the second appeal. CASE TYPE: Civil (Eviction) Case Name: Shrikant vs. Narayan Singh (Dead)

Supreme Court Remands Eviction Case Due to High Court’s Error on Quit Notice: Shrikant vs. Narayan Singh (2018) Read Post »

Supreme Court clarifies procedure for Second Appeals under Section 100 of CPC: Vijay Arjun Bhagat vs. Nana Laxman Tapkire (2018)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Judges, S. Abdul Nazeer

Supreme Court on Procedure for Second Appeals under Section 100 of CPC: Vijay Arjun Bhagat vs. Nana Laxman Tapkire (2018) LEGAL ISSUE: What is the correct procedure for a High Court to follow when hearing a second appeal under Section 100 of the Code of Civil Procedure, 1908? CASE TYPE: Civil Appellate Case Name: Vijay

Supreme Court clarifies procedure for Second Appeals under Section 100 of CPC: Vijay Arjun Bhagat vs. Nana Laxman Tapkire (2018) Read Post »

Supreme Court Remands Partition Suit for Fresh Hearing: Uma Pandey vs. Munna Pandey (2018)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Judges, R.K. Agrawal, Second Appeal

Supreme Court Remands Partition Suit for Fresh Hearing: Uma Pandey vs. Munna Pandey (2018) Date of the Judgment: April 09, 2018 Citation: 2018 INSC 289 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can a High Court dismiss a second appeal in limine (without a full hearing) if it involves substantial questions of law, especially

Supreme Court Remands Partition Suit for Fresh Hearing: Uma Pandey vs. Munna Pandey (2018) Read Post »

Supreme Court Remands Second Appeal Due to Procedural Errors: Surat Singh vs. Siri Bhagwan (2018)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Indian Judiciary, Judges, R.K. Agrawal, Second Appeal, Supreme Court of India

Supreme Court Remands Second Appeal Due to Procedural Errors: Surat Singh vs. Siri Bhagwan (2018) LEGAL ISSUE: Procedural compliance in second appeals under Section 100 of the Code of Civil Procedure, 1908. CASE TYPE: Civil Case Name: Surat Singh (Dead) vs. Siri Bhagwan & Ors. Judgment Date: 19 February 2018 Introduction Date of the Judgment:

Supreme Court Remands Second Appeal Due to Procedural Errors: Surat Singh vs. Siri Bhagwan (2018) Read Post »

Supreme Court Upholds Oral Partition in Family Property Dispute: Nanjegowda vs. Ramegowda (2017)

/ Abhay Manohar Sapre, Adverse Possession, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Judges, Navin Sinha, Oral Partition, Property Law, Revenue Records

LEGAL ISSUE: Whether an oral partition of ancestral property, acted upon for decades, can be the basis for a declaration of ownership and injunction against other family members. CASE TYPE: Civil Property Dispute Case Name: Nanjegowda @ Gowda (D) by LRs. & Anr. vs. Ramegowda Judgment Date: 04 December 2017 Date of the Judgment: 04

Supreme Court Upholds Oral Partition in Family Property Dispute: Nanjegowda vs. Ramegowda (2017) Read Post »

Supreme Court Upholds Dismissal of Suit Based on Unproven Agreement: Suresh Kumar vs. Anil Kakaria (2017)

/ Abhay Manohar Sapre, Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Judges, Limitation, Property Dispute, R.K. Agrawal, Specific Performance

LEGAL ISSUE: Whether a suit for declaration and mandatory injunction is maintainable based on an unproven agreement to sell and an unproven will. CASE TYPE: Civil Law – Property Dispute Case Name: Suresh Kumar through GPA vs. Anil Kakaria & Ors. Judgment Date: November 6, 2017 Introduction Date of the Judgment: November 6, 2017 Citation:

Supreme Court Upholds Dismissal of Suit Based on Unproven Agreement: Suresh Kumar vs. Anil Kakaria (2017) Read Post »

Supreme Court Upholds Ownership Rights, Rejects Adverse Possession Claim in Property Dispute

/ Abhay Manohar Sapre, Adverse Possession, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Judges, Property Law, R.K. Agrawal, Second Appeal

LEGAL ISSUE: Whether the defendant had successfully established a claim of adverse possession over a portion of the suit property. CASE TYPE: Civil Property Law Case Name: Narendra & Ors. vs. Ajabrao s/o Narayan Katare (D) Through LRs. Judgment Date: 26 October 2017 Date of the Judgment: 26 October 2017 Citation: [Not Available in Source]

Supreme Court Upholds Ownership Rights, Rejects Adverse Possession Claim in Property Dispute Read Post »

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