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Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract.

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, Distr...

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Supreme Court Allows Donees to Lead Oral Evidence Contradicting Deed of Gift in Insolvency Proceedings Under Section 55 of Presidency-towns Insolvency Act, 1909. Section 92 of Evidence Act Held Inapplicable as Official Assignee Is Not a Representative in Interest of the Insolvent.

This appeal arose from proceedings initiated by the Official Assignee of Bombay under Section 55 of the Presidency-towns Insolvency Act, 1909, to decl...

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Supreme Court Allows Appeal Against DDA's Demand for Unearned Increase in Amalgamation Case. Amalgamation of Companies Under Court Order Does Not Amount to 'Transfer' Under Lease Deed Clause II(4)(a).

The appellant, M/s. Jaiprakash Industries Ltd. (now M/s. Jaiprakash Associates Ltd.), was the transferee company resulting from the amalgamation of M/...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Restores Trial Court Decree for Specific Performance of Agreement to Sell. Delivery of Possession Under Agreement Constitutes Part Performance, Entitling Purchaser to Specific Performance Under Specific Relief Act, 1963.

The case involves two second appeals arising from cross-suits between Dadasaheb Dhondiba Jagtap (appellant) and Anant Shivram Poman (respondent) conce...

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High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Daughter Entitled to Half Share in Ancestral and Self-Acquired Properties. Daughter's claim for partition upheld as co-parcenary rights under Hindu Succession Act, 1956 apply equally to daughter and son.

The appellant, Smt. P L Nanjamma, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree ...

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Bombay High Court Dismisses Second Appeal in Suit for Possession Based on Title — Concurrent Findings of Fact Not Interfered With. Court upholds that a co-owner can sue for possession without impleading other co-owners and that adverse possession cannot be claimed against a co-owner.

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and first appellate court in a su...

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Supreme Court Examines Legality of Entry Tax on Goods Imported from Abroad; State Legislations of Orissa, Bihar, Kerala and Jharkhand Under Scrutiny

Background: The case involves a batch of civil appeals before the Supreme Court concerning the levy of entry tax on goods imported from foreign countr...