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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

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Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

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Karnataka High Court Upholds Trial Court's Order Allowing Plaintiff to Adduce Evidence in Commercial Suit, Finding No Perversity or Jurisdictional Error. Order Passed Under Order 18 Rule 4(1B) CPC Not Violative of Embargo When Sufficient Cause Shown.

The dispute arose from a commercial summary suit (Commercial O.S. No. 1/2018) filed by a Class-I contractor before the Commercial Court at Raichur aga...

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Supreme Court Allows Decree-Holders' Appeals Against Executing Court's Interim Stay Order in Execution Proceedings. Held That Executing Court Cannot Stay Execution Beyond Order XXI Rule 29 CPC and Must Follow Procedure Under Order XXI Rule 37 CPC Before Arrest.

The case involves appeals by the decree-holders (appellants) against an interim order dated 29th June 2018 passed by the Principal Sub-Judge, Kottayam...

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Bombay High Court Dismisses BPCL's Second Appeal in Lease Dispute — No Registered Lease Deed, No Protection Under Section 53A of Transfer of Property Act. Appellant failed to prove possession in part performance of contract as lessee failed to execute registered lease deed despite 1965 agreement.

The appellant, Bharat Petroleum Corporation Limited (BPCL), filed a second appeal against the concurrent decrees of the trial court and the first appe...

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Gujarat High Court Quashes Collector's Order Cancelling Non-Agricultural Permission in Land Revenue Matter — Violation of Natural Justice and Lack of Jurisdiction. Collector's Suo Motu Cancellation of NA Permission After 14 Years Without Notice or Hearing Set Aside Under Gujarat Land Revenue Code, 1879.

The petitioner, Rameshbhai Keshavlal Patel, through his Power of Attorney, filed a Special Civil Application under Article 226 of the Constitution of ...