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Supreme Court & High Courts Judgments
Delay of four and half years in completion -- Proceedings stand vitiated -- Suspension period to be treated as duty period ..
Punjab & Haryana High Court
Pre-Suit interest is payable as per agreement between parties -- However, award of interest pendente lite and post-decree is discretion of the Court irrespective of the agreed rate of intere..
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..
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..
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..
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