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Supreme Court & High Courts Judgments
Partition by metes and bound--Once the Local Commissioner himself found difficulty in measuring the dimensions then partition as suggested by him should not have been relied upon--Impugned f..
Punjab & Haryana High Court
Application for withdrawal of suit was filed after filing of application for rejection of plaint--Till application Order 7 Rule 11 CPC is decided, the plaintiff cannot be allowed to withdraw..
Question whether the property is ancestral or not cannot be considered in an application under Order 7 Rule 11 CPC..
Plaintiff asserts his possession by virtue of agreement to mortgage executed in their favour by the owner--However, the owner himself has filed execution petition for recovery of possession ..
Claim by State--Mere plantation of trees on waste/ uncultivable land is not sufficient to prove animus possidendi..
Continuous wrong entry in the revenue record does not operate as estoppel..
Violation of Decree by Judgment Debtor--For initiating proceedings under Order 21 Rule 32 CPC it is sine qua non to allege the date, time, or year when intentional infringement of the decree..
The issues are not required to be framed merely on the basis of the prayer made in the suit
Gram Sabha Elections--Simply owning or possessing a dwelling house in a constituency does not automatically make a person “ordinarily resident” there..
Pregnancy even after Sterilization Surgery--The medical negligence cannot be assumed only because a surgical procedure has failed to achieve the desired result--Suit for damages dismissed..
Once the land has been declared as a Kabarstan it constitutes as a wakf and it cannot be divested merely because it was not being used as Kabarstan anymore..
Plaint and Vakaltnama were not signed by the plaintiffs--It is a procedural defect and not a fatal defect--Amendment allowed to sign
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