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High Court Hears Civil Revision Applications Against Appellate Order Upholding Obstructionist Right to Occupy Shops on Leased Land. Eviction Decree Against Tenants Did Not Automatically Extinguish Obstructionists' Possession Under Bombay Rent Act and Maharashtra Rent Control Act.

These Civil Revision Applications were filed under Section 115 of the Code of Civil Procedure, 1908 challenging the common judgment and order dated 4 ...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Not Proved as Plaintiff Failed to Show Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant Balasubrama...

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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

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Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...

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Bombay High Court Dismisses Challenge to Impleadment of Subsequent Purchasers in Partition Appeal. Order 1 Rule 10 CPC allows joinder of parties whose presence is necessary for effective adjudication, even if purchase is during pendency of litigation under Section 52 of Transfer of Property Act, 1882.

The petitioners, original plaintiffs in a partition suit, filed Regular Civil Suit No.268/2008 seeking half share in suit lands bearing Gat No.151 and...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract for Sale of Agricultural Land.

The appellant/plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant B...