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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Bombay High Court Partly Allows Promoter's Appeal in RERA Interest Case. Appellate Tribunal's Suo Motu Adjudication on Termination of Agreement Set Aside as Without Jurisdiction.

The case involves an appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) filed by Satyam Developers, the prom...

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Bombay High Court Allows Writ Petitions of Cooperative Housing Society Challenging Orders of Cooperative Authorities. Bylaws of Society Held Binding Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Shantiniketan Cooperative Housing Society Ltd., a registered cooperative housing society under the Maharashtra Cooperative Societies A...

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Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

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Karnataka High Court Dismisses Legal Representatives' Appeal in Land Acquisition Compensation Case Due to Unexplained Delay and Procedural Lapses. Legal Representatives' Failure to Seek Leave to Appeal and Filing a False Affidavit Precluded Condonation of Delay Under Section 5 of Limitation Act, 1963.

The case arose from the acquisition of land belonging to H.D. Lokeshaiah in Halanuru village, Tumakuru Taluk, for the construction of the Hemavathi Ca...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal and Convicts Accused for Cheque Dishonour. Presumption under Section 139 of N.I. Act stands unless rebutted by accused on preponderance of probabilities.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. before the XIII Additional Chief Metropolitan Magistrate, Bengaluru, against t...

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Gujarat High Court Dismisses Second Appeal in Trust Land Exchange Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Oral Exchange Agreement from 1956 Not Proved; Possession Not Established; Suit for Declaration and Injunction Dismissed.

The appellant, Shree Nootan Kelavani Mandal, a trust registered under the Bombay Public Trust Act, 1950, filed a Second Appeal under Section 100 of th...

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Supreme Court Dismisses DISCOM's Appeal in Solar PPA Force Majeure Dispute — Restrictive Appellate Jurisdiction Under Section 125 of Electricity Act, 2003 Affirmed. Government Delays in Approvals Constitute Force Majeure; No Tariff Reduction or Liquidated Damages When Developer Not at Fault.

The Supreme Court of India dismissed appeals by Bangalore Electricity Supply Company Limited (BESCOM) against an order of the Appellate Tribunal for E...