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Supreme Court & High Courts Judgments
After termination of tenancy by serving notice under S.106 TP Act, the suit for mandatory injunction is maintainable..
Punjab & Haryana High Court
It cannot be done only on the basis of affidavits of private witnesses..
Supreme Court
Such plea cannot be raised after taking of cognizance by the CBI Court..
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..
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 ..
Post Mortem Report by itself, cannot be made the sole basis for discharge of the accused -- Application under S.227 CrPC dismissed..
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..
Both the eye witnesses have turned hostile and they have not proved the kidnapping of the deceased -- Acquittal..
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