AI Overview...
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RSA 436 of 2018 - Judgment by Himachal Pradesh High Court (2018):
The case involves an appeal against a judgment passed on 21-05-2016 by the Additional District Judge, Bhiwani, which decided a suit for declaration and injunction. The Supreme Court later upheld the judgment, confirming the legal findings related to the dispute PARAMJEET SINGH vs SURINDER KUMAR - Supreme Court. -
Main Points & Insights:
- The judgment addresses legal questions arising from civil suits involving property rights and injunctions.
- The High Court and Supreme Court examined issues of property ownership, validity of decrees, and legal interpretations, including the concept of 'perverse' judgments Narotam Chand VS Kashmir Singh - Himachal Pradesh.
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The Supreme Court’s decision in similar cases (e.g., Civil Appeal No. 1463/2019) reinforces the importance of proper evaluation of evidence and legal correctness, often restoring lower court judgments when they are found to be well-founded Jonah Lalrempuia S/o Vawma Gangte (L), R/o Durtlang Leitan, Aizawl vs Smt Lalhmuchhuaki W/o Vanlalvena - Gauhati.
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Analysis & Conclusion:
- RSA 436 of 2018 primarily confirms the appellate courts' adherence to the original judgments and the correctness of the decrees passed in the context of property disputes.
- The courts have consistently emphasized the significance of factual and legal correctness, often upholding lower court decisions unless substantial errors are evident.
- The judgment underscores the judicial process’s reliance on thorough evaluation of evidence and legal principles, with appellate courts generally favoring the original findings in property and civil disputes MUNICIPAL COMMITTEE CHARKHI DADRI vs UNION OF INDIA & ANR - Punjab and Haryana.
References:
- Himachal Pradesh High Court Judgment (2018): IND_SC_32208_2018
- Supreme Court Judgment, Civil Appeal No. 1463/2019: 01400036638
- Other related judgments cited for legal principles and interpretation of 'perverse' judgments.
Search Results for "Rsa 436 of 2018 Judgment"
• India - High Court of Punjab and Haryana
(Oral) This order will dispose of RSA Nos.436 and 1894 of 2018 as these have emerged out of judgments and decrees passed by the Courts whereby suit for declaration, permanent and mandatory injunction ... in the aforesaid appeals, were decided vide common judgment and decree dated 21.05.2016 passed by the Additional District Judge, Bhiwani. ... Ram Bilas, appellant in RSA No.1894 of 2018 after seeking permission of Government of Haryana. ... #HL_STAR....
2025 0 Supreme(Ker) 1756 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S.
In paras 66 and 67 of the judgment read as under. ... (d) The substantial questions of law framed by this Court are answered in favour of the appellants and the judgment and the decree in OS No.231/2009 on the files of the III Additional Sub Court, Kozhikkode and the judgment and decree of the IV Additional District Court, Kozhikkode ... However, a Division Bench of this Court by judgment dated 19.02.2025 closed the writ petition requiring the respective parties to agitate the cause based on the decision of the Supreme....
2018 0 Supreme(HP) 447 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
The court also discussed the meaning of 'perverse' and cited various judgments to explain the concept. ... The court also discussed the meaning of 'perverse' and cited various judgments to explain the concept. ... What is ‘perverse’ has further been considered by this Court in RSA No.436 of 2000, titled ‘Rubi Sood and another vs. Major (Retd.) Vijay Kumar Sud and others, decided on 28.05.2015 in the following manner:- ... “25….. ... The learned trial Court after recording the evidence and evaluating the same dismissed th....
2025 0 Supreme(Gau) 700 • India - IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Nelson Sailo
(3) Judgment dated 05.02.2019 passed by the Supreme Court of India in Civil Appeal No. 1463/2019 A/o SLP(C) No. 23718/2018 (The Commissioner, Mysore Urban Development Authority vs. S S Sarvesh). ... The Money Suit was disposed of in favour of the respondent vide Judgment & Order dated 05.08.2020 and a Decree was passed ex-parte against the appellant. ... JUDGMENT : NELSON SAILO, J. Heard Mr. C Lalfakzuala, learned counsel for the appellant and B Lalramenga, learned counsel for the respondent. ... Pannalal Jaiswa & Ors, ....
2020 0 Supreme(P&H) 1429 • India - Punjab and Haryana
AJAY TEWARI, RAJESH BHARDWAJ
Nullity - Anticipatory Bail - Section 482 Cr.P.C - CWP No.11735 of 2018, Shiv Dev Singh and others Vs. ... Finding of the Court: The court dismissed the petition as not maintainable, citing various judgments to support its ... Again this judgment cannot help the petitioner. 14. ... In Hari Krishna Mandir Trust case (supra) , it was in appeal against the judgment of the Division Bench of Bombay High Court dismissing the writ petition filed by the appellants and in that judgment their Lordships expound....
2018 0 Supreme(HP) 630 • India - Himachal Pradesh
CHANDER BHUSAN BAROWALIA
JUDGMENT : ... Chander Bhusan Barowalia, J. ... ... By way of the present appeal, the appellant has challenged the judgment passed by the Court of learned District Judge, Hamirpur, in Civil Appeal No.70 of 2004, dated 11.5.2005, vide which, the learned lower Appellate Court, has affirmed the judgment and decree passed by the learned
2024 0 Supreme(Ker) 1022 • India - Kerala
M. A. ABDUL HAKHIM
The Hon’ble Supreme Court restored the judgment of the Trial Court after setting aside the judgments of the High Court and the First Appellate Court, finding that it was coparcenary property after the birth of the plaintiff. It is apposite to extract Paragraphs Nos. 11 and 14 of the said decision. ... JUDGMENT : M.A.Abdul Hakhim, J. 1. The above Regular Second Appeals arise from OS No.541/1987 of the Principal Munsiff’s Court Thiruvananthapuram. OS 541/1987 was a suit for partition. ... The Hon’ble Supreme Court set aside the ju....
2022 0 Supreme(Gau) 385 • India - Gauhati
MARLI VANKUNG
RSA No. 2 of 2021 is thus allowed and stands disposed of. ... This is a second appeal under Section 100 CPC against the impugned Judgment and Order dated 21.06.2021 passed by the learned Additional District and Sessions Judge, Aizawl Judicial District, Aizawl in CMA No. 409/2019 in connection with RFA No. 17/2019. ... JUDGMENT : MARLI VANKUNG, J. 1. Heard Mr. B. Lalramenga, learned counsel appearing for the appellant as well as Mr. L.H. Lianhrima, learned senior counsel for the respondents. ... Being aggrieved with the impugned #HL_START....
• India - Supreme Court
(Arising out of impugned final judgment and order dated 21-05-2018 in RSA No. 436/2008 passed by the High Court of Himachal Pradesh At Shimla) PARAMJEET SINGH & ORS. ... and IA No.170168/2018-APPLICATION FOR SUBSTITUTION and IA No.170164/2018-EXEMPTION FROM FILING O.T. ) Date : 02-01-2019 This petition was called on for hearing today. ... ITEM NO.14 COURT NO.2 SECTION XIV S U P R E M E C O U R T O F I N D I A ....
2024 0 Supreme(P&H) 1099 • India - Punjab and Haryana
DEEPAK GUPTA
That judgment and decree was upheld up to this Court in RSA-4679-2013 on 15.07.2014. 2.2. Petitioner then filed an execution petition in respect of the judgment and decree dated 19.04.2012, during which Smt. ... JUDGMENT Deepak Gupta, J. Petitioner - defendant is aggrieved by the order dated 07.05.2018 (Annexure P6) passed by ld. Civil Judge (Sr. ... Justice Arijit Pasayat upheld the decision of the High Court in the following passage of the judgment: - "10. In matters of this kind t....
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