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Supreme Court & High Courts Judgments
If the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts, then the defendant has to lead evidence first and not the pla..
Punjab & Haryana High Court
Suit for Possession--Claim based only on an unregistered agreement to sell--Application dismissed..
Witness is resident of far flung area--Permission not to be declined on the ground that he is material witness to be confronted with certain documents..
Application for incorporation of preliminary objection based upon factual assertions on the same lines which are already mentioned in another petition--Application allowed..
If there was no sufficient cause then condoning the delay by simply putting some condition, amounts to disregard to the legislation..
Restrain on raising construction--Relief was granted even though not prayed for by the plaintiff--Said part of the order set aside..
Start of Limitation--Defendant was duly served and has filed written statement--Thus, cannot plead non awareness of exparte decree--Therefore, limitation would commence from the date of the ..
Against installation of Sewage Treatment Plant (STP) in a Housing Society which was aimed solely at safeguarding public health--Application dismissed..
Cause of Action--Date of Knowledge--When the question of limitation involves disputed facts or hinges on the date of knowledge, it becomes a mixed question of law and fact, which cannot be a..
Supreme Court
Merits of Amendment not to be seen--The majesty of the Court is in deciding the cases on merits and not on technicalities..
If a third party can show a fair semblance of title or interest, he can file an application for impleadment in the suit for specific performance
Impleadment of Necessary Party--Discreti..
After the joint family property has been distributed in accordance with law, it ceases to be joint family property and the shares of the respective parties become their self-acquired propert..
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