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Supreme Court Quashes Criminal Proceedings in Cheating Case Arising from Commercial Transaction. Failure to Repay Debt Does Not Automatically Attract Section 420 IPC Without Proof of Initial Dishonest Intention.

The Supreme Court allowed the appeal against the High Court's refusal to quash criminal proceedings under Section 420 IPC. The appellant was a busines...

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Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...

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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 Dismisses Second Appeal, Upholds Specific Performance Decree for Oral Agreement to Sell Land. Concurrent Findings of Fact Not Interfered With as Plaintiff Proved Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

This second appeal arises from a suit for specific performance of an oral agreement to sell agricultural land. The plaintiff (now represented by legal...

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WRIT PETITION NO.2457 OF 2012

The Bombay High Court was seized with four writ petitions filed by various trade unions representing aircraft engineers, technical staff, and technici...

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Bombay High Court Upholds Conviction for Murder Based on Dying Declaration in Domestic Violence Case. Husband Set Wife on Fire After She Refused Money for Alcohol, Dying Declaration Found Reliable Despite Not Being in Question-Answer Form.

The appellant, Suresh Sadu Kamble, was convicted by the 3rd Additional Sessions Judge, Kolhapur, for the murder of his wife, Shakuntala, under Section...

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Supreme Court Allows Refund of Stamp Duty Paid on Un-Executed Conveyance Deed Due to Vendor Fraud. Limitation Period for Application Under Section 48 of Maharashtra Stamp Act, 1958 Runs from Date of Instrument, Not from Date of Cancellation Deed.

The appellant, a bona fide purchaser, agreed to buy property from Mohammed Hanif Ahmed Fitwala and prepared a conveyance deed. On 7 May 2014, the deed...

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Karnataka High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The appellant, Annarao, filed a suit for specific performance of an agreement to sell dated 28.08.1986, allegedly executed by the respondent, Gopal Ra...