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Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata.

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property again...

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Bombay High Court Quashes Chief Minister's Permission for Development on Recreational Ground in Public Interest Litigation. Section 47 MRTP Act Appeal Allowed Without Proper Application of Mind and Contrary to Development Plan Reservation.

The judgment arises from a public interest litigation filed by residents living around the Cooperage plot in Mumbai, represented by the Oval Cooperage...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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Bombay High Court Dismisses Writ Petition Seeking to Restrain CIDCO from Enforcing Contractual Stipulation. Writ jurisdiction cannot be invoked to prevent a party to an agreement from insisting upon a contractual term.

The petitioner, M/s G.D.C. Buildcon Pvt Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seekin...

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Bombay High Court Quashes Cancellation of Plot Allotment and Forfeiture of Earnest Money by MIDC for Violation of Natural Justice. Allotment Cancelled Without Show Cause Notice Held Illegal Under Terms of Allotment Letter and Principles of Natural Justice.

The petitioner, M/s. Magma Agro Products Pvt. Ltd., a registered private limited company engaged in manufacturing agro-based products, applied to the ...

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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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WRIT PETITION No. 4045 OF 2005

The matter arises from a writ petition under Article 226 of the Constitution of India filed by the Ahmednagar Municipal Corporation, a local authority...