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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Bombay High Court Dismisses Petition Challenging Cancellation of Gift Deeds Under Senior Citizens Act, 2007. Gift Deeds Executed by Mother in Favor of Younger Son and Daughter-in-Law Declared Null and Void Due to Lack of Free Consent and Failure to Provide Maintenance.

The case involves a petition filed by Ashwin Bharat Khater and his wife Ruchi Ashwin Khater (petitioners) challenging an order dated 12 April 2022 pas...

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Bombay High Court Dismisses Applications for Raising Attachment in Execution Proceedings. Third Party Claimant Fails to Prove Ownership of Attached Flat Despite Claiming Under Deed of Assignment.

The case involves two chamber summons taken out in a summary suit for raising an attachment levied on a flat. The first chamber summons was filed by t...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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Bombay High Court Dismisses Suit for Specific Performance of Property Sale Agreement Due to Plaintiffs' Default and Unauthorized Payments. Plaintiffs Failed to Pay Balance Consideration Within Stipulated 10-Month Period and Dealt with Sole Director Contrary to Board Resolution Requiring Joint Action.

The suit was filed by the plaintiffs, Pankaj Anantrai Bhuwa & others, against the defendant, M/s. Ramkumar Shivchandray & Sons, seeking specific perfo...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Doubtful Identification. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The judgment pertains to four criminal appeals arising from a common judgment of the trial court convicting the appellants for offences including murd...

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Bombay High Court Dismisses Appeal in Property Ownership Dispute — Fails to Prove Sole Ownership and Adverse Possession. Court upholds trial court's finding that appellant failed to establish exclusive title and that suit was barred by limitation under Article 65 of Limitation Act, 1963.

The case involves a property dispute between the appellant, Namdeo Gangaram Mandalkar (since deceased, represented by his heirs), and the respondent, ...

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Bombay High Court Dismisses Appeal Against Decree Declaring Plaintiffs' Ownership of 3/4th Share in Suit Property. Agreements Executed by Co-Owners Held Not Binding on Plaintiffs' Undivided Share Under Transfer of Property Act, 1882.

The appeal arises from a judgment and order dated 21 August 2003 passed by the Joint Civil Judge Senior Division, Pune, in Special Civil Suit No.2107 ...