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Madras High Court Allows Appeal in Specific Performance Suit — Time Not Essence of Contract but Plaintiff Must Prove Readiness and Willingness. Failure to Deposit Balance Amount and File Suit Within Limitation Period Bars Relief Under Section 16(c) of Specific Relief Act, 1963.

The appellant/defendant Sebastian filed an appeal against the judgment and decree dated January 3, 2017 passed by the Principal District Court, Thiruv...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Investment in Business Partnership Attracts Section 138 NI Act Liability Despite Dispute Over Debt Legality.

The appellant, Sheikh Shabbir, filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, Vasco-da-Gama, acquitting the res...

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Madras High Court Allows Appeal in Specific Performance Suit — Plaintiff Proves Readiness and Willingness. Agreement to Sell Dated 24.05.2002 for Rs.5,50,000 with Rs.5,00,000 Advance — Defendants Failed to Execute Sale Deed Despite Notice.

The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 24.05.2002, wherein the defendants agreed to sell suit propert...

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Bombay High Court Dismisses Petition Challenging Rejection of Waiver of Interest Under Sections 234A, 234B, 234C of Income Tax Act, 1961. Petitioner Failed to Deposit Unutilized Capital Gains in Specified Account, Disentitling Waiver.

The petitioner, Humayun Suleman Merchant, filed a writ petition challenging an order dated 5th October 2004 passed by the Chief Commissioner of Income...

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High Court Upholds Rent Control Act, Denying Britannia’s Claim for Market Rent

The fixation of standard rent for an upscale apartment in Mumbai, which was rented to Maya Sunil Alagh, the wife of Britannia's former Managing Direct...

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High Court Dismisses Commercial Appeal in Lease Dispute, Upholding Decree for Arrears and Charges. The lessee's claim for termination and damages was rejected as the lease agreement remained valid until vacation, and no rent waiver was agreed during COVID-19 lockdown under the leave and licence agreement.

The dispute arose from a leave and licence agreement dated 21.10.2019 between Sure Waves Media Tech Private Limited (lessee) and Mr. Fathiraj (lessor,...

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Bombay High Court Dismisses Tenant's Petition in Rent Default Eviction Case — Appellate Court's Decree Upheld. Tenant's deposit of rent in court without intimation to landlord and failure to pay demanded rent after notice constituted default under Section 12(3)(b) of the Bombay Rent Act.

The case involves a dispute between landlords (Respondents) and a tenant (Petitioner) over eviction from two rooms on the ground floor of a house prop...