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High Court of Karnataka Dismisses Second Appeal in Property Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Second Appeal Under Section 100 CPC Dismissed as No Substantial Question of Law Arises.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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High Court of Karnataka Quashes Civil Suit Against Wind Power Project for Lack of Jurisdiction — Suit Barred Under Section 9 CPC Due to Special Tribunal's Exclusive Jurisdiction Under Electricity Act, 2003.

The petitioner, M/s. Serentica Renewables India Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challen...

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Court holds that the question of privity of contract is a matter of trial and cannot be decided at the stage of Order VII Rule 11 CPC.

The petitioners, original defendant nos.5 to 8, filed a Civil Revision Application challenging the order dated 16/09/2016 passed by the Civil Judge (S...

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Bombay High Court Allows Contempt Appeal, Sets Aside Conviction for Willful Disobedience of Court Order in Land Dispute. Appellants Held Not Guilty of Contempt as Order Was Ambiguous and Compliance Was Not Willfully Disobeyed.

The case arises from a contempt appeal under Section 19 of the Contempt of Courts Act, 1971, filed by Tejram, Laxman, and Ramu Hazare (appellants) aga...

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Bombay High Court Dismisses Appeal for Specific Performance of Sale Agreement Due to Failure to Prove Readiness and Willingness. Appellants failed to demonstrate financial capacity and timely performance under the Specific Relief Act, 1963.

The appellants, Hemant M. Deshmukh, Ashok Varma, and Gyanchand D. Oswal, filed a suit for specific performance of an agreement of sale dated 21/12/199...

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Bombay High Court Allows Restoration of Appeal Dismissed for Default Under Order 41 Rule 19 CPC — Sufficient Cause Shown for Absence of Appellant and Advocate. Appellant's Explanation of Being Misled by Advocate Accepted as Sufficient Cause for Restoration of Appeal.

The appellant, original defendant in a suit, challenged the judgment and decree of the trial court dated 17th September 1987 by filing an appeal in th...