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High Court of Karnataka Allows Judgment-Debtor's Petition Seeking Rescission of Contract Under Section 28 of Specific Relief Act — Decree-Holder's Failure to Deposit Balance Consideration Within Stipulated Time Gives Right to Rescission, Subsequent Deposit Does Not Extinguish That Right.

The petitioner, T.L. Rajagopal, was the defendant/judgment-debtor in a suit for specific performance of an agreement of sale dated 16.08.1997 filed by...

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High Court of Karnataka Quashes Executing Court Order in Arbitration Award Execution — Stamp Duty Payable Under Article 5(c) Not Article 11(b) of Karnataka Stamp Act, 1957. Arbitral award directing sale of property is a certificate of sale, not a bond, for stamp duty purposes.

The petitioner, Sri Dilli Babu, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 23/8/2014 pas...

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High Court of Karnataka Reviews Enforcement of Foreign Arbitral Award Under Section 48 of Arbitration Act. Challenges to Award Based on Public Policy and Lack of Notice Were Dismissed by Executing Court.

The respondent, a Korean company, chartered a vessel to the petitioner, an Indian firm, under a Charter Party dated 12.05.2004. Disputes arose over fr...

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Bombay High Court Dismisses Judgment Debtor's Objection to Auction Sale in Execution Proceedings — Auction Sale Confirmed Despite Alleged Irregularities as Objection Filed After 15 Days Without Proper Explanation.

The petitioner, Bhagwandas s/o Chunilal Purohit, was the original defendant/judgment debtor in a recovery suit filed by respondent No.1, Machindra s/o...

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Supreme Court Dismisses SLP by Subsequent Purchasers Against High Court Order Directing Possession in Execution of Specific Performance Decree. Executing Court Can Grant Possession Even Without Express Decree for Possession When Property Is in Possession of Contracting Party.

The case involves a dispute arising from a suit for specific performance of a contract for sale of property. The plaintiffs (respondents herein) succe...

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Supreme Court Dismisses Appeals in Agricultural Land Specific Performance Case; Pendente Lite Transferees' Objections Rejected Under Section 52, Transfer of Property Act, 1882. Readiness and Willingness of Purchasers Inferred from Conduct; No Collusion Found.

The Supreme Court heard two appeals together: the first by the original seller of agricultural land challenging the concurrent findings of lower court...

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Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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High Court of Judicature at Bombay Dismisses Testamentary Suit Seeking Probate of Will Due to Forgery and Undue Influence. The Court Held That the Propounders Failed to Prove Due Execution and Testamentary Capacity, and That the Earlier Charitable Will Remained Unrevoked.

This testamentary suit arose from a petition for probate of the alleged last will of Jimmy Keki Tarachand, dated 27 December 2004. The original plaint...