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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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Bombay High Court Dismisses Petition Challenging Rejection of Sugar Export Subsidy Claims Due to Late Submission. Government's decision to close case files based on Finance Department's advice that proposals were submitted very late was upheld as reasonable and not arbitrary.

The petitioners, K.M. Sakhar Karkhana Pvt. Ltd. and its director, filed a writ petition challenging two letters dated 2nd August 2017 and 29th August ...

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Supreme Court Hears State's Appeal Against Quashing of Acquisition of Part of Building Without Land Under Land Acquisition Act, 1894. The High Court Held That Acquisition of a Portion of a Building Without Acquiring the Land Beneath It is Invalid.

The State of Maharashtra appealed against a common judgment of the High Court dated 10.3.2006 in two writ petitions filed by Reliance Industries Ltd. ...

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Supreme Court Examines Whether Land Acquisition Act Permits Acquisition of Building Part Without Underlying Land; State's Appeal Against High Court Quashing of Acquisition Without Land Under Consideration

The State of Maharashtra appealed against a common judgment of the High Court which quashed land acquisition proceedings initiated under the Land Acqu...

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Supreme Court Allows Appeal in Specific Performance Case — High Court Erred in Reversing Concurrent Findings on Bona Fide Purchaser Defence. Transfer of Property Act, 1882 Sections 41 and 52 interpreted; lis pendens applies to transfers during pendency of injunction suit.

The appeal arises from a suit for specific performance of an agreement to sell dated 10.11.2002 for 16 kanals of land for Rs. 8 lakhs, with Rs. 2.50 l...

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Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

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Supreme Court Dismisses Appeals of Industrial Units Seeking Rebate on Electricity Tariff in Goa. Rebate Scheme Rescinded Before Power Connections; Subsequent Notifications Declared Void Ab Initio.

The Supreme Court dismissed a batch of civil appeals filed by industrial units (Puja Ferro Alloys P Ltd., Karthik Alloys Ltd., Karthik Inductions Ltd....

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...