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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

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Bombay High Court Dismisses Specific Performance Claim in Furnace Oil Supply Renewal Dispute. Plaintiff Voluntarily Gave Up Relief as Renewed Contract Period Had Already Expired, Leaving Damages Claim for Adjudication.

The suit was instituted by Saurashtra Chemicals Ltd, a chemical manufacturer, against Indian Oil Corporation Ltd, a government undertaking, arising fr...

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Supreme Court Upholds High Court Dismissal of Judgment Debtor's Application to Set Aside Receiver's Sale Under Order 21 Rule 89 CPC. Order 21 Rule 89 Held Not Applicable to Receiver Appointed Under Section 51 CPC as Sale Not Conducted Under Order 21.

In execution of a money decree, the judgment debtor defaulted on payment of agreed instalments. The executing court, invoking Section 51 of the Code o...

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Bombay High Court Hears Suit for Redemption of Pledged Securities After Loan Default; Plaintiffs Abandoned Main Claim of Transfer Agreement. Pledge Agreement Clause 14(ii) Notice and Default by Pledgor Form Core of Dispute Over Shares of Sesa Sterlite.

The suit was filed by Harinarayan G. Bajaj and others against Reliance Capital Limited and Sesa Sterlite Limited. Plaintiffs borrowed a total of Rs.10...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Karnataka High Court Considers Appeal Against Trial Court Decree Holding Sale Deed Not Binding — Power of Attorney Authority Central Issue. Trial Court Decree Under Section 96 CPC Challenged on Grounds of Valid Agency and Sale Agreement.

The High Court of Karnataka, Dharwad Bench, heard a regular first appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment a...

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Karnataka High Court Hears Writ Petition of Auction Purchaser Against DRAT Order Setting Aside Sale Under RDDBFI Act. Petitioner Challenges Order Directing Refund of Bid Amount, Alleging Fraudulent Agreement to Defeat Auction Sale.

The petitioner, Smt. K. Padma, auction purchaser of a property in a bank recovery sale, filed a writ petition under Articles 226 and 227 of the Consti...

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High Court of Bombay Determines Compensation in Land Acquisition References for MSRTC Bus Depot at Dahisar, Borivali. Comparable Land Sale Instances Analyzed to Fix Market Value Under Land Acquisition Act, 1894.

This matter involved a group of land acquisition references under Section 18 of the Land Acquisition Act, 1894, filed by land owners whose properties ...

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Supreme Court Dismisses Cooperative Society's Appeals Challenging Sale Deeds Executed in Favor of Members. Arbitrator under Delhi Cooperative Societies Act lacks jurisdiction to adjudicate validity of registered sale deeds, which can only be challenged before civil court.

The Supreme Court dismissed the appeals filed by Delhi Dayalbagh Cooperative House Building Society Ltd. against the orders of the Delhi High Court, w...