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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challengin...

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Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code.

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, f...

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Bombay High Court Allows Writ Petition, Holds Labour Court is a 'Court' Under Section 195(1)(b) CrPC for Making Complaint of False Evidence. Labour Court's Rejection of Section 340 Application Set Aside as Labour Court Has Jurisdiction to Entertain Complaint for False Statement in Written Statement.

The writ petition challenged an order of the Labour Court rejecting an application under Section 340 of the Code of Criminal Procedure, 1973 (CrPC) fo...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...

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Bombay High Court Dismisses Summons for Judgment in Licence Fee Dispute Due to Triable Issues. Plaintiff's claim for balance licence fee after premature termination of agreement due to demolition by Municipal Corporation raises triable issues regarding breach and entitlement.

The Plaintiff, Nemichand Jain, filed a Summary Suit against M/s. Vodafone Essar Limited and Sandeep Thakur based on a licence agreement dated 16 April...

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Bombay High Court Dismisses Appeal in Lease vs License Dispute Under Goa Decree No.43525. Agreement Styled as Leave and License Held to Be Lease Due to Exclusive Possession and Fixed Term.

The case involves a dispute between the successors of Dr. Luis dos Santos Alvares (plaintiffs/respondents) and Dr. Bento de Souza Egypsy (defendants/a...