Civil Judgments and Court Decisions - The sources include various court rulings and judgments related to civil law, election disputes, land acquisition, and revenue matters. Notably, decisions emphasize that dismissals on technical grounds do not bar subsequent suits (e.g., Ranbir Singh v. Dalbir Singh, AIR 2003 Raj. 319) and that civil courts have limited jurisdiction in revenue matters due to statutory bars (e.g., Himachal Pradesh Land Revenue Act, Sections 163 and 171) Boutique Hotels (india) Pvt Ltd VS State of Rajasthan, Through The Chief Secretary Government Of Rajasthan - Rajasthan, Charan Dass vs State of H.P. - Himachal Pradesh.
Election and Election Petitions - A key point is the Court of Additional Senior Civil Judge’s judgment allowing an election petition and setting aside an election, highlighting the importance of procedural correctness and substantive grounds in election disputes Mohan Lal VS Nathu Lal Jangid - Rajasthan.
Land Acquisition and Compensation - Several judgments focus on the proper process for land acquisition, including the necessity of timely references and awards, as well as the judicial review of such orders. For example, the Supreme Court directed the transfer of funds in a land acquisition case (2018) SCC 575, emphasizing adherence to statutory procedures Patel Ghanshyambhai Popatbhai VS State Of Gujarat - Gujarat.
Revenue Orders and Civil Court Bar - The bar of civil courts from adjudicating revenue-related disputes is reiterated, with courts dismissing suits for adverse possession or ownership where statutory provisions apply (e.g., Himachal Pradesh Land Revenue Act) Charan Dass vs State of H.P. - Himachal Pradesh.
Criminal Law and Civil Proceedings - In cases of possession and property disputes, the courts have held that civil courts' injunctions take precedence over criminal proceedings under Section 145 Cr.P.C., indicating that civil remedies are primary in property disputes Virendra VS State of U. P. - Allahabad.
Analysis and Conclusion:
The compilation underscores that civil judgments in 2018 reaffirm the principles of procedural correctness, respect for statutory bars, and the primacy of civil remedies in property and revenue disputes. Court decisions highlight the importance of following statutory procedures, especially in land acquisition and revenue matters, and clarify the limited scope of civil courts in revenue-related issues. These judgments collectively reinforce the doctrine that technical dismissals do not bar subsequent suits and that civil courts are the appropriate forum for property-related disputes, barring specific statutory exceptions.
Rajasthan Panchayati Raj (Election) Rules, 1994 – Rules 25 and 58 – Evidence Act, 1872 – Section 35 and ... and decree passed by Court of Additional Senior Civil Judge allowing Election Petition filed by appellant and set-aside election ... – Rajasthan Registration of Births & Deaths Rules, 2000 – Registration of Birth and Deaths Act, 1969 – Section 30 – Challenging judgment ... The impugned judgment of the learned Single Judge dated 04.02.2019 is set aside and the judgment of the Additional Senior #HL_....
Raj Kumar and Another,2016 6 SCC 410 and the judgment dated 2.04.2010 passed by a Division Bench of this Court in JDA v. Anukampa Vyas, D.B. Special Appeal (Writ) No. 254/2012. Mr Sharma next contended that the doctrine of Estoppel should also be invoked against the Respondents. ... JUDGMENT Prakash Gupta, J. - The instant Writ Petition under Article 226 of the Constitution of India has been preferred by the Petitioner, assailing the orders dated 10.05.2018 passed by the Revenue Department, Government o....
(vi) Judgment of High Court of Rajasthan (Jaipur Bench) in case of Smt. Sushila Jain v/s. Rajasthan Financial Corporation, Jaipur , (1979) RajLW 208 Raj. ... (xviii) Judgment of High Court of Orissa in case of Mahagobind and Ors. v/s. Brajabandhu, (1986) AIR Orissa 281. (xix) Judgment dated 14th December, 2018 in case of SSD Escatics v/ s. Goregaon Pearl in Commercial Arbitration Petition (L) No. 1072 of 2018. ... On 4th May,2018, this court recorded in the said Co....
Land Acquisition Act, 1894 – Section 18, 11, 12(2) – Land Acquisition – Ground of limitation – Recovery ... of statutory dues – Judicial conscience – Compensation – Challenging orders – Preceding judgment – Held, Respondent – Appropriate ... Learned advocate has further placed reliance on the judgment of the Division Bench of this Court dated 14.8.2017 passed in Special Civil Application No.5674 of 2017. ... After getting copy of award on 12/03/2018 the petitioners, without any delay, filed a reference ....
(Paras 2, 5, 12, 17, 20 & 21) Result: Consumer Complaint allowed. Opp. ... [Civil Appeal No. 5785/2019 & other connected Appeals - Not in dispute that the possession of the allotted Flats was to be delivered ... after obtaining the Occupancy Certificate, issued letters of Offer of Possession in Jan. 2020 - A fit case to place reliance on the Judgment ... 2. ... During the course of the Proceedings, vide Order dated 03.01.2018 Applications being 03.05.2018 Applications being I seeking ....
The judgment highlighted the principle that a dismissal of a suit on technical grounds does not bar a fresh suit and that a trademark ... The judgment emphasized the principle that a dismissal of a suit on technical grounds does not bar a fresh suit and that a trademark ... Lichmaniya & Ors., AIR 2003 Raj. 319. Ranbir Singh v. Dalbir Singh & Ors., CS(OS) 802/2002, decision dated 19th December, 2008 (Delhi High Court). Vijay Kumar Gupta v. ... Lichmaniya & Ors., AIR 2003 Raj. 319. Ranbir Singh v. Dalbir ....
Agarwal Agencies Ltd., therefore, booked the subject Units for earning profits is completely unsustainable in the light of the judgement of this Commission in Kavita Ahuja vs. ... 2. ... The Hon’ble Supreme Court vide its final Judgment in ‘Chitra Sharma vs. ... Union of India’ reported in (2018) 18 SCC 575, directed that the said amount of Rs.750 Crores be transferred to the Adjudicating Authority and continue to remain invested under the supervision and direction of the Adjudicating Authority. ... Therefore we are of ....
(Paras 5.1, 5.2, 5.10) ... 11.07.2014, 58/2017-Cus. dated 30.06.2017, 38/2018-Cus. dated 02.04.2018, 76/2018-Cus. dated 11.10.2018, 36/2019-Cus. datd 30.12.2019, 5/2021-Cus. dated 01.02.2021 and 57/2021-Cus. dated 29.12.2021. ... In that regard reliance may be placed on the judgment of Hon’ble the Supreme Court in the case of Mazagaon Dock Ltd. v. CIT (1958) 34 ITR 368. ... With these observations Show Cause Notice No. 38/2018 dated 08.10.2018 was se....
exists under the Act barring Civil Courts from hearing matters related to revenue orders. ... (A) Himachal Pradesh Land Revenue Act - Sections 163 and 171 - Civil suit filed for declaration of ownership by adverse possession ... - Suit dismissed by Trial Court and Appellate Court affirmed, citing lack of evidence for adverse possession and bar on Civil Court's ... 2. Whether on account of failure of the Assistant Collector to get converted himself into Civil Court and decide the proceedings as a #HL_ST....
, 145, 146(1) – Criminal law – Appeal – Revision under Section 397/401 of Cr.P.C. has been preferred by accused persons against judgment ... passing of impugned order, he has observed that opposite parties have usurped possession of entire disputed plot in violation of civil ... 2. ... In Ram Raj vs. State of U.P. 1995 U.P. Cri. R. 745 (All), Allahabad High court held where the civil court had granted injunction in plaintiffs' favour, the proceeding under Section 145 Cr.P.C. cannot be initiated. Simila....
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