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Supreme Court & High Courts Judgments
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 ..
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..
Both the eye witnesses have turned hostile and they have not proved the kidnapping of the deceased -- Acquittal..
Accused has been acquitted in the criminal case and there is a valid suspicion on the registration of FIR -- Claim petition dismissed..
Rate of interest charged by the builder for default in the payment, same rate of interest can be granted to home buyer..
Court cannot allow a reply or defence to come on record in a summary suit without the leave of Court..
Even then defendant cannot be denied right to cross-examine the plaintiff..
However, proper procedure for DNA sample collection and custody thereof was not followed -- Death sentence converted into acquittal..
Merely because the railway ticket was not found alongwith the body of the deceased, it cannot be held that deceased was not bonafide passenger..
It is not necessary for the minor to file suit for declaration--He can sell property directly without intervention of Court ..
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