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High Court of Karnataka Allows Appeal in Specific Performance Suit — Rejects Trial Court's Dismissal of Temporary Injunction. Agreement of Sale for Rs.10.75 Crore with Rs.5 Crore Advance — Prima Facie Case and Balance of Convenience in Favor of Plaintiff-Appellant.

The appellant, M/s. Sanjeevini Developers and others, filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908...

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Supreme Court Dismisses Appeal in Co-owner Property Dispute, Holds Sale of Undivided Joint Property Without Partition Invalid as to Other Co-owners' Shares. Brij Mohan's Transfer of Entire Property to Appellant Void Except to Extent of His Own Share Under Section 44 of Transfer of Property Act, 1882.

The dispute concerns a property measuring about 6 cottahs 1 chittack and 30 sq. ft. with 17 rooms at 100/3 Carry Road, Howrah. The property was purcha...

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Supreme Court Allows Appeal Against Recovery Notice and Building Permission Cancellation in Stamp Duty Deficiency Case. Subsequent Purchaser Held Liable for Penalty but Recovery Premature as Cheques Accepted by Collector.

The appeal arose from a judgment of the Madhya Pradesh High Court dismissing a writ petition filed by M/s. MSD Real Estate LLP challenging notices dat...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

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Bombay High Court Dismisses Petitioners' Challenge to Revenue Minister's Order Setting Aside Mutation Entry in Land Dispute. Unregistered Will and Lack of Notice to Legal Heirs Justified Setting Aside of Mutation Entry.

The petitioners, Ramesh Shantilal Modi and Bharat Shantilal Modi, filed a writ petition under Article 227 of the Constitution of India challenging an ...

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Bombay High Court Dismisses Petition for Appointment of Guardian for Elderly Litigant in Property Dispute — No Evidence of Mental Incapacity Found. Court Holds That Advanced Age Alone Does Not Justify Appointment of Next Friend Under Order XXXII Rule 15 CPC.

The dispute arose between siblings over a flat in Matru Chhaya, Marine Drive, Mumbai, inherited from their father. The respondent No.1, aged 75, was t...