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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Supreme Court Dismisses Interlocutory Applications in Property Dispute — Vacation of Status Quo Denied. Court holds that third-party rights cannot be adjudicated in pending special leave petition without proper impleadment and evidence.

The Supreme Court was hearing three interlocutory applications in a pending special leave petition. I.A. No.6484 of 2018 sought vacation or modificati...

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Bombay High Court Upholds Will Validity in Succession Dispute — Reduces Bequest to Disposable Quota Under Portuguese Civil Code. Court holds that a testator cannot bequeath entire property to one heir if it prejudices the legitimate share of other heirs under the Portuguese Civil Code, 1867.

The case involves a dispute over the estate of late Calverto Saldanha. The appellants, Mr. Rosario Xavier Arquibaldo Fernandes and Mrs. Anacleta Ferna...

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High Court Dismisses Writ Petition Seeking Mandamus for Land Dispute — Alternative Civil Remedy Available. Petitioner's representations to Deputy Commissioner for action against private respondents cannot be entertained in writ jurisdiction when civil suit for injunction is already pending.

The petitioner, R. Lakshman @ Lakshmana Reddy, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamu...

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Supreme Court Cancels Bail in Multi-Crore Deposit Scam Case Due to Prima Facie Evidence of Complicity and Money Trail. The Court found that the High Court erred in granting bail to an accused who was a major beneficiary of the fraud, as evidenced by witness statements and forensic audit reports.

The Supreme Court allowed an appeal by depositors against the grant of bail to respondent no.1, Vitthal Damuji Meher, in connection with a large-scale...

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Bombay High Court Quashes Interception Orders in CBI Corruption Case for Lack of Reasons and Public Emergency. Orders under Section 5(2) of Indian Telegraph Act, 1885 set aside as they merely recited statutory language without recording cogent reasons demonstrating public safety or public emergency.

The petitioner, Shyamalendu Kumar Das, a Deputy Chief Labour Commissioner (Central), challenged two orders dated 9 March 2018 and 17 March 2018 passed...