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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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Bombay High Court Allows Second Appeal in Property Dispute — Agreement Not Proved as Valid Contract. Unilateral Document Executed by Husband Without Wife's Signature Does Not Bind Owner Under Transfer of Property Act, 1882.

The appellant, Smt. Badrunisa, filed a suit for possession and damages against the respondents, Sabdar Khan and Halimabi, claiming ownership of a suit...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

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Supreme Court Partially Allows Appeal in Specific Performance Suit — Decree Limited to Co-owner's Share Only. Agreement to Sell by One Co-owner Cannot Bind Other Co-owner's Share Without Authority Under Hindu Succession Act, 1956.

The appeals arose from a suit for specific performance of an agreement to sell dated 24.4.1979 concerning property at 1B, Palace Road, Bangalore. The ...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. No Substantial Question of Law Arises Under Section 100 CPC as Courts Below Correctly Appreciated Evidence and Held Plaintiffs Failed to Prove Joint Family Property.

The appellants, who were the plaintiffs in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the...

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Karnataka High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The appellant, Annarao, filed a suit for specific performance of an agreement to sell dated 28.08.1986, allegedly executed by the respondent, Gopal Ra...

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Bombay High Court Dismisses Revenue's Appeal in Slump Sale Case. Transfer of IMFL Business as Going Concern Not Subject to Capital Gains Tax Under Income Tax Act, 1961.

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 against an order of the Income Tax Appellate Tribunal (ITAT)...