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Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Limitation and Unenforceable Agreement. Agreement for Sale of compensation pool property held to be contingent on uncertain event of conveyance deed issuance, and suit filed beyond reasonable time barred by limitation.

The appellant, original plaintiff, filed a suit for specific performance of an Agreement for Sale dated 19/01/2010 for a compensation pool property in...

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High Court of Bombay at Goa Considers Second Appeal Against Decree for Declaration and Injunction in Property Suit. Court Reviews Whether First Appellate Court Erred in Holding that Boundaries Prevailed Over Area in Sale Deed Without Proper Evidence.

This second appeal arose from a property dispute concerning survey numbers 46/3 and 46/4 in Valpoi, Goa. The plaintiffs (respondents in the appeal) ha...

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Bombay High Court Allows Revision Application in Suit for Specific Performance — Court Holds That Dismissal of Suit for Default Under Order 9 Rule 8 CPC Cannot Be Converted Into a Decree on Merits Without Proper Application of Mind.

The present Civil Revision Application arises out of a suit for specific performance of contract filed by the applicant (original plaintiff) against t...

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Bombay High Court Allows Amendment to Plaint in Suit Against Deputy Salt Commissioner and Union of India. Amendment seeking to add claim for damages for demolition of structure is not barred by limitation as it arises from the same cause of action.

The plaintiff, Vikas Kamalakar Walawalkar, filed Suit No.1172 of 2005 against the Deputy Salt Commissioner, Union of India, and Mumbai Municipal Corpo...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over Right of Way and Title. Suit for Injunction Dismissed and Counterclaim for Declaration of Title and Injunction Upheld Based on Adverse Possession and Better Title.

The appellants, Efigenio Dias and Josinho Dias, filed a suit for permanent injunction against the respondents, Malaquias D'Costa and others, to restra...

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Bombay High Court Dismisses Cross Revision Applications by Tenant and Landlord in Mesne Profits Dispute. Court Upholds Small Causes Court's Fixation of Mesne Profits and 9% Interest Rate Under Section 34 CPC.

The judgment involves cross civil revision applications filed by the tenant, Bharat Petroleum Corporation Limited (BPCL), and the landlord, M/s. Forbe...