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Bombay High Court Allows Appeal Against Refusal of Interim Injunction in Specific Performance Suit — Agreement Holder with Substantial Payment and Possession Entitled to Protection. Prima Facie Case Established Under Order 39 Rules 1 and 2 CPC for Injunction to Maintain Status Quo Pending Trial.

The appellant, M/s. Heera Laxmi Contractors Pvt. Ltd., filed a suit for specific performance of an agreement to sell agricultural land and for permane...

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Gujarat High Court Allows Petitioners' Challenge to Inclusion of Property in Town Planning Scheme Due to Admitted Mistake. Court directs rectification of error and consideration of variation under Gujarat Town Planning and Urban Development Act, 1976.

The petitioners, owners of Survey No.4229 admeasuring 41.99 sq.mtrs with a residential building opposite Municipality Office, Anjar-Kachchh, filed a p...

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Supreme Court Upholds Vacation of Injunction in Specific Performance Dispute Over Land Sale Agreement. Disputed Questions of Possession and Payment of Consideration Require Trial, Not Interim Relief.

The Supreme Court dismissed appeals challenging the High Court's interim order vacating a temporary injunction that had restrained landowners from int...

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Supreme Court Upholds Financial Commissioner's Decision, Dismisses Sub-Tenants' Appeal to Purchase Land. Interpretation of 'Landowner' and 'Tenant' Under Punjab Security of Land Tenures Act, 1953 Precludes Sub-Tenants from Claiming Purchase Rights Under Section 18.

The Supreme Court of India considered an appeal by two sub-tenants, Jaimal and Ram Singh, who had occupied agricultural land for over 30 years as sub-...

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High Court of Karnataka Quashes Trial Court Order Allowing Production of Documents Without Affidavit in Partition Suit — Memo Without Leave Under Order VIII Rule 1A CPC Cannot Be Entertained.

The petitioners filed a suit for partition and separate possession (O.S.No.696/2008) in the Court of Principal Civil Judge, Mangalore. The defendants ...

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Bombay High Court Dismisses Petition by Cooperative Sugar Factory Challenging Exemption Under Urban Land Ceiling Act. Land Transferred After Statement Filing Not Exempt as Agricultural Land Under Section 2(18) of ULC Act.

The petitioner, Vasantdata Shetkari Sahakari Sakhar Karkhana Limited, a cooperative sugar factory registered under the Maharashtra Co-operative Societ...

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Karnataka High Court Upholds Admission of Insufficiently Stamped Document for Collateral Purpose in Suit for Recovery of Possession — Document Admissible Under Section 35 of Karnataka Stamp Act, 1957 for Collateral Purpose of Contract.

The plaintiff filed a suit for recovery of possession claiming absolute ownership of the property. The defendant contended that the property belonged ...