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High Court of Karnataka Quashes Trial Court Order Rejecting Agreement of Sale in Specific Performance Suit — Document Admissible Without Formal Proof Under Section 294 CrPC. Objection to admissibility of document must be raised at time of marking; failure to object results in waiver.

The petitioners (plaintiffs) filed a suit for specific performance of an agreement of sale against the respondents (defendants). During trial, the pla...

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High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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Secondary Evidence and Power of Attorney in Property Transactions: Supreme Court Clarifies Scope of Section 65 Evidence Act and Section 100 CPC i

n Tharammel Peethambaran v. T. Ushakrishnan, the dispute arose from the sale of immovable property executed by the defendant acting as an alleged agen...

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Madras High Court Grants Decree for Possession and Arrears in Commercial Lease Dispute — Tenant Failed to Pay Rent and Vacate Premises. Landlord Entitled to Recovery of Possession, Rental Arrears, Damages for Use and Occupation, and GST with Interest at 18% Per Annum.

The plaintiff, Faisal Khan, filed a suit in the High Court of Judicature at Madras seeking recovery of possession of his commercial property located a...

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Madras High Court Considers Plaintiff’s Suit for Declaration of Title and Compensation for Land Acquired for Chennai Metro Rail. Suit Filed Under CPC Order VII Rule 1 and Madras High Court Original Side Rules Seeks Compensation for Grama Natham Land in Saligramam Village.

The plaintiff, D. Shankar, instituted Civil Suit No. 725 of 2018 before the Madras High Court seeking a declaration of ownership over three parcels of...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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Bombay High Court Allows Writ Petition Challenging Impounding of Documents in Civil Suit. Documents Admitted Without Objection Cannot Be Impounded Later Under Indian Stamp Act, 1899.

The petitioner, original plaintiff Smt. Sushilabai Anandani, filed a civil suit in 1996. Along with the plaint, she filed three documents (Exhs.88, 89...

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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...