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SUPREME COURT OF INDIA Before:- M.R. Shah and B.V. Nagarathna, JJ. Civil Appeal Nos.257-259 of 2022. D/d. 12.1.2022. Phoenix ARC Private Limited - Appellants Versus Vishwa Bharati Vidya Mandir & Ors. - Respondents For the Appellants :- Mr. Suresh Dutt Dobhal, Mr. Shikhar Kumar, Advocates. For the Respondents :- Mr. Basavaprabhu S.Patil, Sr. Adv., Mr. Geet Ahuja, Mr. V. N. Raghupathy, Advocates. IMPORTANT SARFESI Act - Writ petition against private financial institution under Article 226 of Constitution of India against proposed action/actions under Section 13(4) of SARFAESI Act not maintainable. A. Constitution of India, 1950, Article 226 - Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, Sections 17 and 13(4) - Writ petition against communication and to pass ex-parte ad interim order virtually stalling/restricting proceedings under SARFAESI Act by creditor - Maintainability - Held, writ petitions against notice under Section...

  SUPREME COURT OF INDIA Before:- Sanjay Kishan Kaul and M.M. Sundresh, JJ. Civil Appeal Nos.5384-5385 of 2014. D/d. 17.1.2022. Seethakathi Trust Madras - Appellants Versus Krishnaveni - Respondents For the Appellants :- Mr. Chander Uday Singh, Sr. Adv., Mr. M. Yogesh Kanna, Mr. Raja Rajeshwaran S., Advocates. For the Respondents :- Mr. V. Ramasubramanian, Mr. K. K. Mani, Ms. T. Archana, Advocates. A. Civil Procedure Code, 1908, Section 100 - Decree of specific performance of agreement to sell - Second appeal - Plea of Adverse possession - It is not necessary to go into issue of adverse possession as both parties are claiming title - Crucial aspect is decree obtained for specific performance by Respondent and manner of obtaining decree - Respondent fully aware of prior registered transaction in respect of same property originally in favour of Niraja Devi - This is as per deposition of her manager - Thus, not possible to accept that decree obtained behind back of bona fide purchas...

SUPREME COURT OF INDIA Before:- K.M. Joseph and Pamidighantam Sri Narasimha, JJ. Civil Appeal No.401 of 2022 Arising Out of SLP (Civil) No.30370 of 2017. D/d. 19.1.2022. Sushil Kumar - Appellants Versus State of Haryana & Ors. - Respondents For the Appellants :- Mr. Surender Kumar Gupta, Mr. Chitvan Singhal, Ms. Priyanka Terdal, Ms. Priya Mishra, Advocates. For the Respondents :- Mr. Raj Singh Raja, AAG, Mr. Pankaj Kumar Singh, Mr. Vishwa Pal Singh, Mr. Rajendra Prasad, Ms. Pallavi, Mr. Brijender Singh Dhull, Advocates. Punjab Police Rules, 1934, Rule 13.7(9). JUDGMENT Pamidighantam Sri Narasimha, J. - Leave granted. 2. This Civil Appeal arises out of the final judgment and order dated 29.07.2015 of the High Court of Punjab and Haryana at Chandigarh passed in LPA No. 1910 of 2011. 3. The Appellant was appointed as a Constable in the year 1995. It is his case that he was positioned as a Head Constable under the extent ORP Policy on 21.08.2001. Due to his acts of bravery his name w...

  SUPREME COURT OF INDIA Before:- S. Abdul Nazeer and Krishna Murari, JJ. Civil Appeal No.6659 of 2011. D/d. 20.1.2022. Arunachala Gounder (Dead) by Lrs. - Appellants Versus Ponnusamy and Ors. - Respondents For the Appellants :- Mr. P. V. Yogeswaran, Mr. Ashish Kumar Upadhyay, Mr. Jaiyesh Bakhshi, Mr. Y. Lokesh, Mr. V. Sibi Kargil, Ms. V. Keerthana, Mr. Anubhav Chaturvedi, Advocates. For the Respondents :- Mr. K. K. Mani, Ms. T. Archana, Advocates. Hindu Succession Act, 1956 Sections 14 and 15. Cases Referred :- Bhagat Ram (dead) by LRs. v. Teja Singh (dead) by LRs., (2002) 1 SCC 210. Bhajya v. Gopikabai, [1978] 3 SCR 561. Bhaskar Trimbak Acharya v. Mahadev Ramji. Chotay Lall v. Chunnoo Lall, 1874 SCC OnLine Cal 10. Devidas v. Vithabai, 2008 (5) Mh.L.J. 296. Ghurpatari v. Smt. Sampati, AIR 1976 ALL 195. Gopal Singh v. Ujagar Singh, AIR 1954 SC 579. Katama Natchiar v. Rajah of Shivagunga. Katama Natchiar v. Srimut Rajah Mootoo Vijaya Raganadha Bodha Gooroo Sawmy Periya Odaya Taver...