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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Not Proved as Plaintiff Failed to Show Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant Balasubrama...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract for Sale of Agricultural Land.

The appellant/plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant B...

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Examining the scope of Industrial Court’s jurisdiction in unfair labor practice complaints under MRTU & PULP Act in the context of employer-employee relationships.

Acts and Sections Discussed: Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices (MRTU & PULP) Act, 1971 - Sectio...

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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challengin...

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Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...

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Bombay High Court Allows Summons for Judgment in Favour of Confirming Bank in Letter of Credit Dispute. Confirming Bank's Right to Recover from Issuing Bank Upheld Despite Allegations of Fraud in Underlying Transaction.

The plaintiff, UBS AG, a foreign bank, filed three summary suits against three Indian banks (State Bank of Patiala, Federal Bank Ltd, and United Weste...

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Bombay High Court Allows Appeal in Contract Dispute Over Advance Payment Recovery — Defendants Liable to Refund Balance Advance After Failure to Deliver Goods. The court upheld the trial court's decree for refund of advance payments with interest, finding breach of contract by the defendants.

The plaintiff, M/s. Sync Overseas Marketing Pvt. Ltd., placed an order with the defendants, M/s. Girivijay Enterprises & ors., on 14th October 1995 fo...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Complaint. Petitioner failed to establish employer-employee relationship with respondent company as he was engaged through a contractor.

The petitioner, M.G. Bhide, filed a complaint before the Industrial Court at Pune under the Maharashtra Recognition of Trade Unions and Prevention of ...

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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Television Serial Marketing Rights. Right of First Refusal Protected Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

The appellant, UTV Software Communications Ltd., entered into an agreement with the respondent, Radaan Media Works Ltd., on 21 June 2001, under which ...