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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

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Bombay High Court Full Bench Holds Trial Court Can Frame Preliminary Issue Under Section 9-A CPC Disposing of Suit in Part. The Court interprets Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra Amendment) to allow partial disposal of suit or cause of action on preliminary issue of jurisdiction.

The Full Bench of the Bombay High Court was constituted to answer a reference on whether a trial court, under Section 9-A of the Code of Civil Procedu...

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"Upholding Eviction: Court Rules in Favor of Landlord Under Maharashtra Rent Control Act" "Conclusive Evidence in Written Agreements Seals Eviction; Jurisdictional and Procedural Claims Dismissed"

The case involves the eviction proceedings under Section 24 of the Maharashtra Rent Control Act, 1999, based on Leave and License Agreements between t...