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Supreme Court & High Courts Judgments
Mere participation of JD in execution proceeding would not absolve the DH of the burden to prove that JD despite having means had willfully neglected to pay..
Punjab & Haryana High Court
Power under S.72 BSA cannot be exercised to enable a party to patch up gaps in its case after having closed its evidence..
After termination of tenancy by serving notice under S.106 TP Act, the suit for mandatory injunction is maintainable..
Earlier suit was not tried on merits but was rejected under O.7 R.11 CPC as being improperly framed -- Fresh suit not barred under O.2 R.2 CPC..
Supreme Court
Claim based on natural succession -- Suit was filed by plaintiff after 36 years of mutation in favour of defendants -- Period of limitation to start from the date possession becomes adverse ..
Seller had not submitted a complaint against the buyer to the police or any other authority -- There were two extensions to the agreement to sell also -- Thus, the plea of fraud not proved..
‘Gair Marusi’ tenant in revenue records -- However, plaintiff failed to prove that he is tenant on the payment of rent -- Thus, he cannot be held tenant and therefore, he cannot claim ri..
Second Inquiry after being Exonerated -- Not permissible..
Termination on a ground not alleged in the show-cause is void -- For a new ground a fresh notice and opportunity are required..
Purchaser has established the reason for sale and receipt of sale consideration by co-parcener -- Sale upheld..
Accused has been acquitted in the criminal case and there is a valid suspicion on the registration of FIR -- Claim petition dismissed..
Witness sought to be examined in a civil suit was residing abroad and has been declared proclaimed offender -- Application allowed..
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