Angadi Chandranna Vs Shankar & Ors
.... ds and not out of joint family nucleus that was available. That apart, while considering the term ‘nucleus’ it should always be borne in mind that such nucleus has to be established as a matter of fact and the existence of such nucleus cannot normally be presumed or assumed on probabilities. Thi ...
Supreme Court Of India
Tshering Dorjee Lepcha Vs Chimbu Lepcha And Others
.... ase involves such question. In Roop Singh (Dead) through LRs. vs. Ram Singh (Dead) through LRs . (2000) 3 SCC 708, it was reiterated that under Section 100 CPC the jurisdiction of the High Court to entertain a second appeal is confined only to such appeals which involve a substantial question o ...
Sikkim High Court
Alauddin Sheikh & Ors. Vs Santu Sheikh & Ors
.... mitted that the alleged sale certificate in connection with ‘Ka’ Schedule to the suit property was never acted upon. Plaintiff’s suit is therefore barred under section 34 of the Specific Relief Act 1963 and in this context he also relied upon a judgment reported in (2017) 3 SCC 702 (Executive of ...
Calcutta High Court (Appellete Side)
Akhila Kerala Dheevara Sabha Vs Rosamma
.... n, is the remedy; that where the plaintiff's title is not in dispute or under a cloud, but he is out of possession, he has to sue for possession with a consequential injunction; and where there is merely an interference with plaintiff's lawful possession or threat of dispossession, it is suffici ...
High Court Of Kerala
Tashi Dawa Vs Keshari Pradhan And Others
.... objectives but the fact remains that, while it is true that in a Second Appeal a finding of fact, even if erroneous, will generally not be disturbed but where it is found that the findings stand vitiated on wrong test and on the basis of assumptions and conjectures and resultantly there is an el ...
Sikkim High Court
Pappachan & Another Vs Alex & Others
.... t. He deposed that ever after the purchase of plaint A schedule property by his father in 1965 as per Ext.A1, the way they have been using is plaint C schedule. A building was constructed in that property and therefore the requirement of frequenting to the said property cannot be disputed. The p ...
High Court Of Kerala
Lalitmohan And Others Vs Prakash And Others
.... f defendant No.1. He further accepted that to avoid family dispute the parties were living separately in mess and cultivating property separately. This supports the case of the plaintiffs that there in order to maintain the peace in the family the parties were having separate resident and mess, ...
Bombay High Court (Aurangabad Bench)
Shaikh Allahwala And Others Vs Sayyad Nigah Ali And Others
.... lity. If a decision is arrived at on the basis of no evidence or thoroughly unreliable evidence and no reasonable person would act upon it, the order would be perverse. But if there is some evidence on record which is acceptable and which could be relied upon, the conclusions would not be treated ...
Bombay High Court (Aurangabad Bench)
Union Of India, Ministry Of Defence Vs Mohammed Saleem Died Per L.Rs
.... them, but they have not entered into witness box to prove the documents. As such, the documents marked before the Court cannot be relied upon and that both the Courts below have delivered judgments on the self-serving evidence of PWs.1 to 4. The documents filed by the plaintiffs under Exs.A-1 t ...
High Court For The State Of Telangana:: At Hyderabad
Ramanbhai Somabhai Patel Since Decd.Thro His Heirs Vs Patel Mangalbhai Revabhai & 1 Other(S)
.... n extenso stands permissible - it is a rarity rather than a regularity and thus it can be safely concluded that while there is no prohibition as such, but the power to scrutiny can only be had in very exceptional circumstances and upon proper circumspection." 20. While dealing with the ...
Gujarat High Court
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