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High Court of Karnataka Dismisses/Allows Appeal in Specific Performance Suit. Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Evaluated.

This regular first appeal under Section 96 of the Code of Civil Procedure, 1908 challenged the judgment and decree dated 20.11.2012 passed by the Seni...

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Bombay High Court Allows Second Appeal in Property Dispute Over Unsigned Agreement to Sell. Agreement to Sell Lacks Signature of Purchaser, Thus Unenforceable and Cannot Confer Title or Possessory Rights.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the first appellate court which had set aside ...

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Bombay High Court Dismisses Petition Challenging Cooperative Society Registration — Petitioner Lacks Locus Standi as Non-Member. Registration of Dayal Smruti Cooperative Housing Society under Maharashtra Cooperative Societies Act, 1960 upheld as petitioner was not a member and had no right to object.

The petitioner, Rachana Developers, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India before the Bom...

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Bombay High Court Disposes Writ Petitions by Police Officers Challenging Investigation Order Under Section 156(3) CrPC. Court Considers Whether Judicial Magistrate First Class Could Direct Investigation Without Application of Mind.

The High Court of Judicature at Bombay heard two writ petitions filed by police officers challenging an order of the Judicial Magistrate First Class, ...

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Supreme Court Upholds Execution Court's Power to Extend Time for Deposit in Specific Performance Decree Despite Delay. Section 28 of Specific Relief Act, 1963 vests jurisdiction in the court executing the decree to extend time and reject rescission where decree-holder was ready and willing.

The case arises from a suit for specific performance of an agreement to sell dated 18.05.2005. The trial court decreed the suit in part, directing ref...

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Karnataka High Court Rehears Quashing Petition Against Lokayukta FIR for Disproportionate Assets After Supreme Court Remand; Petitioner Alleges Absence of Preliminary Enquiry and Non-Application of Mind by Superintendent of Police Under Prevention of Corruption Act, 1988.

The petitioner, a Superintendent Engineer in the Public Works Department, Government of Karnataka, filed a writ petition under Article 226 read with S...