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High Court of Karnataka Dismisses KSFC's Petition for Impleadment in Specific Performance Suit — Mortgagee Not a Necessary Party Under Order 1 Rule 10 CPC. Section 31E of SFC Act, 1951 Does Not Confer Right to Sue for Specific Performance of Third-Party Contracts.

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

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High Court of Karnataka Adjudicates Writ Petition Challenging Rejection of Applications for Deletion of Defendants. The Court Examines Whether Directors and Former Employees Are Necessary Parties in a Suit for Breach of Contract Under Order 1 Rule 10 of Code of Civil Procedure, 1908.

The matter concerns a writ petition filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging an or...

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Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Shop Premises Enforced as Plaintiff Proved Continuous Readiness and Defendants Failed to Execute Sale Deed Despite Receiving Earnest Money.

The respondent (original plaintiff) filed Special Civil Suit No.136 of 1987 for specific performance of an agreement to sell dated 19.7.1987, whereby ...

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Bombay High Court Allows Petition to Appoint Arbitrator in Shareholder Dispute Under Arbitration Act. Court finds existence of arbitration clause and refers parties to arbitration, appointing former judge as sole arbitrator.

The petitioners, shareholders of a company, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

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Supreme Court Dismisses Appeal Against Eviction Decree Based on Concurrent Findings of Fact — Licence and Ownership Established Through Agreement to Sell and Will. No Interference with Concurrent Findings of Fact as Defendant Failed to Prove Fraud or Manipulation.

The case involves a civil suit for eviction and mesne profits filed by the plaintiff-respondent (Yogendra Rathi) against the defendant-appellant (Ghan...

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Bombay High Court Quashes Stamp Duty Demand on Timber Auction Bid Sheets. Bid Sheet for Purchase of Timber from Forest Department Not a 'Conveyance' Under Bombay Stamp Act, 1958 as It Does Not Transfer Any Right, Title or Interest in Property.

The Nagpur Timber Merchants Association and another petitioner challenged a Government Resolution dated 27.08.2009 and subsequent directions by which ...