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High Court of Karnataka Allows Petitioner to File Written Statement Beyond 90 Days in Partition Suit. Order VIII Rule 1 CPC Held Directory, Not Mandatory — Trial Court's Rejection Quashed on Payment of Costs.

The petitioner, Sri S. Indushekhar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25/11/202...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Execution of Sale Deed. Agreement of Sale Dated 02.08.2007 Proved by Plaintiff; Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) challenged the judgment and decree dated 20.10.2012 passed by the Senior Civil Judge, Channarayapatna, in O.S. No. 4/2008,...

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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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Bombay High Court Allows Petition of Auction Purchaser Against Electricity Board for Denial of Connection Due to Previous Owner's Dues. Court Holds Auction Purchaser Not Liable for Predecessor's Electricity Dues in Absence of Statutory Charge.

The petitioners, Sambhaji Maharaj Spinning Mill Pvt. Ltd. and its director, purchased the movable and immovable properties of respondent No. 2 (Nanded...

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Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...