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Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

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Bombay High Court Allows Writ Petition Challenging Civil Court's Dismissal of Suit on Ground of Arbitration Clause Under Stock Exchange Bye-laws. Transaction Not Through Stock Exchange Member, Hence Civil Court Has Jurisdiction to Entertain Recovery Suit.

The petitioners, M/s. Prashant Commercial, filed a suit for recovery of Rs. 23 lakhs against the respondent, Rajratan R. Mohta, claiming that the amou...

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High Court Quashes Criminal Proceedings Against Accused No.2 in Cheating Case Due to Civil Nature of Dispute. Section 420 IPC read with Section 34 IPC not attracted as allegations primarily relate to breach of contract and civil liability.

The petitioner, Yennarkay R Rajaratnam, was accused No.2 in C.C.No.13283/2016 pending before the IX Additional Chief Metropolitan Magistrate, Bengalur...

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Bombay High Court Dismisses Delay Condonation Application in Specific Performance Suit — Unexplained Delay of Over 8 Years Not Condonable. Cross-Objection Filed After 3015 Days Without Sufficient Cause Rejected Under Section 5 of Limitation Act, 1963.

The judgment pertains to an application for condonation of delay of 3015 and 3166 days in filing cross-objection in Second Appeals No. 658/2007 and 70...

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Bombay High Court Allows Appeal by Housing Society in Property Dispute Over Water Connection and Construction. Developer's Agreement to Provide Water Connection and Restrict Construction Held Binding.

The case involves two cross-appeals arising from a judgment and decree dated 31st March 2004 in L.C. Suit No. 786 of 2004. The appellants in First App...