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Bombay High Court Upholds Specific Performance Decree Based on Oral Agreement — Concurrent Findings of Fact Not Interfered With in Second Appeal. Oral Agreement for Sale of Immovable Property Proved by Evidence; Written Document Dated 31.12.1973 Did Not Supersede Earlier Oral Agreement.

The case involves a second appeal filed by the defendants challenging concurrent judgments and decrees passed for specific performance of an agreement...

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Bombay High Court at Goa Directs Registration of Sale Deed for Undivided Share Without NOC Under Section 49(6) of Town and Country Planning Act, 1974. Clarifications by Chief Town Planner and State Registrar Support No Requirement of NOC for Plots as per Survey Plan.

The petitioners, Gajendra Shenvi Desai and Radhika G. Shenvi Desai, as vendors, presented a draft sale deed for registration before the Civil Registra...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

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Bombay High Court Dismisses Union's Petition in Unfair Labour Practice Case - No Prima Facie Case for Interim Relief. Suspension of General Secretary Upheld Pending Domestic Enquiry as Union's Letter Contained Threats.

The petitioner, Pudumjee Pulp & Paper Mills Kamgar Sangh, a trade union, filed a writ petition challenging an order dated 23rd April 2008 passed by th...

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Bombay High Court Directs State to Formulate Comprehensive Policy for Prevention of Farmer Suicides. Court holds that the State must provide ex-gratia assistance to families of farmers who committed suicide due to agricultural indebtedness, recognizing the constitutional duty under Article 21.

The judgment arises from a Public Interest Litigation initiated by a letter from the All India Bio Dynamic and Organic Farming Association to the Chie...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement for Sale Found Not Genuine and Unenforceable. The Court held that the agreement for sale dated 2nd June 1975 was not genuine and enforceable, reversing the concurrent findings of the courts below.

The case involves a second appeal filed by the original defendant, Rajubai w/o. Atmaram Dagade, against the judgment and decree of the lower appellate...

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Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...