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Madras High Court Allows Second Appeal in Property Injunction Suit — Reverses Appellate Court's Dismissal and Restores Trial Court's Decree. Held that the appellate court erred in reversing the trial court's judgment without properly considering the evidence regarding possession and title.

The appellants, as plaintiffs, filed a suit for bare injunction in O.S.No.52 of 2008 before the District Munsif Court, Thuraiyur, seeking to restrain ...

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INTERIM APPLICATION NO.1767 OF 2020

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High Court of Bombay Considers Revision Against SEBI Special Court's Rejection of Discharge in SEBI Prosecution for Non-Payment of Penalty. Vicarious Liability of Directors Under Section 27 SEBI Act Questioned Due to Absence of Specific Averments in Complaint.

The matter arose from four Criminal Revision Applications filed before the High Court of Bombay challenging a common order of the SEBI Special Court t...

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Supreme Court Dismisses Appeal Against High Court's Holding That Alternative Prayer for Specific Performance Is Not Maintainable in Suit for Rescission. Suit for Rescission of Contract Cannot Include Alternative Prayer for Specific Performance Under Specific Relief Act, 1877.

The appellant, Prem Raj, filed a suit seeking a declaration that a contract with the respondent, D.L.F. Housing & Construction Pvt. Ltd., was void and...

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Supreme Court Allows State Appeal in Default Bail Case Under UAPA — Extension of Custody Upheld Despite Procedural Defects. Report of Public Prosecutor Must Indicate Application of Mind, But Technical Non-Compliance Not Fatal When Substance Exists.

The Supreme Court allowed the appeal filed by the State of Maharashtra against the Bombay High Court's order granting default bail to the respondents/...

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Bombay High Court Dismisses Tenant's Heirs' Petition in Tenancy Dispute Due to Delay and Laches. False Statement Regarding Knowledge of Proceedings Leads to Dismissal Under Article 227 of Constitution of India.

The petition was filed by the heirs and legal representatives of the deceased original tenant, Baban Vishnu Shivale, under Article 227 of the Constitu...

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High Court Dismisses Election Petition Under Order VII Rule 11 CPC for Insufficient Pleadings. Petition Failed to Plead Material Facts on Alleged Corrupt Practice and Non-Compliance Under Sections 100(1)(b) and 100(1)(d)(iv) of Representation of the People Act, 1951, Leading to Lack of Cause of Action.

The High Court of Judicature at Bombay heard an Election Petition filed by the losing candidate challenging the election victory of the returned candi...

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Bombay High Court Partially Allows Appeal in Specific Performance Suit — Restrains Creation of Third Party Rights but Refuses Possession Relief. Interim Injunction Under Order 39 Rules 1 and 2 CPC Granted Only to Protect Property from Alienation, Not to Disturb Existing Possession.

The appellant, Bapurao Khante, filed a suit for specific performance of an agreement of sale dated 15/05/2000 executed by the respondent, Bhagwan Khan...