Nikhila Divyang Mehta & Anr Vs Hitesh P. Sanghvi & Ors
.... int which contains averments about the knowledge of the Will and the Codicil, the cause of action and the reliefs claimed: “3 (o). After a brave struggle with Cancer, the deceased took his last breath on 21.10.2014 at 10.35 pm. Pursuant to his death, defendant nos. 1 to 3 in the first week ...
Supreme Court Of India
Nilima Kerketta Vs Merry Alexia Minj
.... the Specific Relief Act and has relied upon the judgment passed by the Hon’ble Supreme Court reported in AIR 2000 SC 211 paragraph 19 to submit that when the plaintiff seeks to establish his title to the property which cannot be established without avoiding the instrument that stands as an ...
Jharkhand High Court
Mallavva And Anr Vs Kalsammanavara Kalamma (Since Dead) By Legal Heirs & Ors
.... e position of law as regards the applicability of Article 58 or Article 65 of the Limitation Act in the present litigation. 11. We must first look into Sections 3(1) and 27 and also Articles 58, 65 and 113 of the Limitation Act respectively. 12. Section 3(1) of the said Act reads as f ...
Supreme Court Of India
Bistimorial Nongsiej Vs State Of Meghalaya & Ors
.... ved that “… The Revision Petitioner/Plaintiff in paragraph 7 of the Show cause which is in reply to paragraph 2 of abovementioned Misc. Case, before the learned Trial Court, has never denied or controverted the applicability of Article 58 of the Limitation Act nor has pleaded that Article 65 of ...
Meghalaya High Court At Shillong
Duk Nath Nepal Vs Chandra Shekhar Nepal & Ors
.... upon the judgments of Supreme Court in Dahiben vs. Arvindbhai Kalyanji Bhanusali AIR 2020 SC 3310 and the Church of Christ Charitable Trust & Educational Charitable Society vs. M/s Ponniamman Educational Trust AIR 2012 SC 3912. The learned counsel also relied upon a judgment upon this c ...
Sikkim High Court
Saranpal Kaur Anand Vs Praduman Singh Chandhok And Others
.... required when grossly implausible and dubious statements are made.[ See T. Arivandandam v. T.V. Satyapal (1977) 2 SCC 467] The idea is to check and weed out manifestly vexatious and meritless cases at the threshold. [See Madanuri Sri Rama Chandra Murthy v. Syed Jala (2017) 13 SCC 174] 20. ...
Supreme Court Of India
Amrish R. Kilachand Vs Madhvi Harsh Kilachand & Others
.... n the basis of which respondent no. 2 executed the sale deed in favour of respondent no. 1. It is not a case that the plaintiff has instituted the suit on frivolous grounds. Rather, it is a case that respondent no. 2, who claims himself to be the Power of Attorney holder of the plaintiff has exec ...
Uttarakhand High Court
Asim Kumar Jana And Another Vs Biswajit Das And Others
.... of what she was about. The reason for the rule is that the ordinary presumption that a person understands the document to which he has affixed his name does not apply in the case of a pardanashin woman. In Kali Baksh v. Ram Gopal (2), the Privy Council defined the scope of the burden of a person ...
Calcutta High Court
Sk. Aftab Hossain Vs Biswanath Chakraborty And Others
.... e the appointment of the plaintiff/petitioner as mutawalli was itself invalid. The waqf deed having specifically debarred the heirs of Sk. Hossain from becoming mutawallis and the present petitioner being admittedly the son of Sk. Hossain, the petitioner could not have been appointed as a mutawal ...
Calcutta High Court
M/s. SGM Properties & Investments Pvt. Ltd. Vs Basantkumar Bilasrao Rungta And Anr
.... btain relief by legal means. The suit must be instituted when the right asserted in the suit is infringed or “when there is a clear and unequivocal threat to infringe that right” by the defendant against whom the suit is instituted. 22. In Rukhmabai v. Laxminarayan 1960 AIR 335 , a three-J ...
Bombay High Court
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