Supreme Court of India
Rajat Kumar and Ors Etc Etc v. S D Adarash Jain Kanya Maha Vidyalaya Sadhaura and Anr Etc Etc
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the High Court committed an error in reversing the decrees passed by the Trial Court and affirmed by the first Appellate Court on irrelevant considerations.
Judgment, page 5
From the headnote
Issue for Consideration Whether the High Court erred in reversing the decree for mandatory injunction for removal of encroachment in favour of the plaintiff passed by the Trial Court and upheld by the first Appellate Court and, undertaking an exercise to compensate the legal heirs of the plaintiff in monetary terms without any prayer being made in that regard. Headnotes† Relief – Not prayed for – Grant of – Impermissibility – Original plaintiff filed suits against the respondents-original defendants seeking mandatory injunction for removal of alleged illegal encroaching wall; removal of
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