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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 Reasons Renders Judgment Invalid.

The case involves a second appeal filed by the defendants against the judgment and decree of the 9th District Judge, Nagpur, in Regular Civil Appeal N...

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Karnataka High Court Dismisses Appeal Against Decree of Specific Performance of Sale Agreement. Court holds that plaintiff's readiness and willingness to perform is established by evidence of payment of balance sale consideration and execution of sale deed within time.

The present first appeal is filed by the defendant under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 30...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Dismissal of Suit for Want of Proof Restored. Remand by First Appellate Court Set Aside as It Failed to Consider That Plaintiff Did Not Prove Readiness and Willingness to Perform Contract.

The appellant, Subhadrabai Thakre, filed a suit for specific performance of an agreement of sale dated 28.3.2002, by which she agreed to purchase agri...

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Bombay High Court Dismisses Petitioner's Challenge to Auction Sale by Cooperative Bank for Loan Recovery. Confirmed Auction Sale Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Cannot Be Set Aside After Sale Certificate Issuance.

The petitioner, Shiva Sahakari Up Jal Sinchan Sanstha Ltd., a cooperative society, had taken a loan from the Nanded District Central Cooperative Bank ...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Development Agreement Dispute. Court holds that plaintiff failed to establish prima facie case and balance of convenience for injunction restraining defendant from dealing with property.

The appellant, M/s Gandhi Builders & Developers, filed a suit for specific performance of a development agreement dated 26-11-2007 with the predecesso...

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Bombay High Court Grants Interim Injunction to Plaintiff in Copyright Dispute Over Film 'Sheela' — Prima Facie Finding of Valid Assignment Chain. Court holds that registered assignments under Section 48 of the Copyright Act, 1957 prevail over unregistered subsequent assignments.

The dispute concerns the copyright in the 1987 Hindi motion picture 'Sheela', originally produced by BS Dwarakish. Goldmines Telefilms Pvt Ltd filed a...

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Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

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Unregistered Relinquishment Deed Invalid: Daughter’s Coparcenary Rights Upheld | Karnataka HC (RFA No.100096/2019, 2026)

The plaintiff filed a suit for partition and separate possession of her 1/5th share in ‘A’ and ‘B’ schedule properties, along ...

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Bombay High Court Dismisses Section 9 Arbitration Petition and Winding Up Petition Against Corporate Debtor — No Prima Facie Case for Interim Relief or Insolvency as CDR Scheme Was Under Consideration and Debt Was Not Clearly Due.

The petitioner, Tata Capital Financial Services Ltd., a non-banking financial company, granted a term loan of Rs. 50 crores to the first respondent, U...