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Madras High Court Allows Appeal in Specific Performance Suit — Plaintiff's Readiness and Willingness Established Despite Minor Discrepancies in Pleadings. Sale Agreement for Rs.14 Lakh with Rs.3 Lakh Advance Held Enforceable as Plaintiff Demonstrated Continuous Readiness and Willingness to Perform.

The appellant/plaintiff, K. Eswaran, filed a suit for specific performance of a sale agreement dated July 24, 2014, whereby the first defendant, S. Ja...

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Madras High Court Considers Appeal Against Dismissal of Suit for Specific Performance and Possession. Sale Agreement Dated 24.07.2010 for 1.18 Acres Land with Advance of Rs.1,00,000 Forms Basis of Dispute.

The appeal arose from the dismissal of Original Suit No. 48 of 2017 by the Additional District and Sessions Judge (FTC) Court, Arni, on 23.10.2018. Th...

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Supreme Court Dismisses Assessee in Income Tax Appeal Over TDS Disallowance. Disallowance of Rs. 57,11,625 upheld under Section 40(a)(ia) of Income Tax Act, 1961 as assessee failed to deduct tax at source on payments exceeding Rs. 20,000 per goods receipt to truck operators under Section 194C.

The dispute arose from an income tax assessment for the year 2005-2006 involving Shree Choudhary Transport Company, a partnership firm engaged in tran...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

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Supreme Court Allows Appeal in NI Act Case Despite Complainant's Unwillingness to Compound After Full Payment. Compensatory Jurisprudence Prioritized Over Punitive Aspect Where Entire Cheque Amount and Interest Paid.

The Supreme Court allowed an appeal against the High Court's refusal to quash criminal proceedings under Section 138 of the Negotiable Instruments Act...

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Bombay High Court Dismisses Petition Challenging Rejection of Waiver of Interest Under Sections 234A, 234B, 234C of Income Tax Act, 1961. Petitioner failed to deposit unutilized capital gains in specified account, leading to levy of interest.

The petitioner, Humayun Suleman Merchant, filed a writ petition challenging the order dated 5th October 2004 passed by the Chief Commissioner of Incom...

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Bombay High Court Upholds Eviction Decree Against Tenant in Bombay Rent Act Suit for Default in Rent. Tenant's Conflicting Evidence and Failure to Deposit Rent During Appeal Disentitled Him to Relief Under Section 12(3).

The dispute arose from an eviction suit filed by the landlords (respondents) against their monthly tenant (petitioner) in the Small Causes Court at Pu...

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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...