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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

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Supreme Court Upholds Acquittal in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 302/34 IPC and Section 120B IPC Set Aside as Prosecution Failed to Prove Conspiracy and Involvement of Accused Beyond Reasonable Doubt.

The case pertains to the murder of two individuals, Raja Mohammed (D1) and Raj Mohammed (D2), on the night of 28 December 1990 near Sarayananthal, Pap...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...