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Bombay High Court Allows Second Appeal in Property Suit — Non-Consideration of All Issues by Lower Appellate Court Raises Substantial Question of Law. The lower appellate court failed to consider all issues arising from the plaintiff's pleadings as considered by the trial court, warranting remand.

The case involves a second appeal filed by the appellants (plaintiffs) against the judgment of the lower appellate court which reversed the trial cour...

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Supreme Court Dismisses Appeal Against High Court's Holding That Alternative Prayer for Specific Performance Is Not Maintainable in Suit for Rescission. Suit for Rescission of Contract Cannot Include Alternative Prayer for Specific Performance Under Specific Relief Act, 1877.

The appellant, Prem Raj, filed a suit seeking a declaration that a contract with the respondent, D.L.F. Housing & Construction Pvt. Ltd., was void and...

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Supreme Court Disposes of Appeal in Property Dispute, Directs Status Quo Pending Civil Suit. Unilateral Cancellation of Registered Sale Deed Held Subject to Adjudication by Competent Civil Court.

The case involves a property dispute where the appellants claimed to have purchased land measuring Acs.3.46 cents from respondent Nos.1 to 4 through a...

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Bombay High Court Dismisses Petition Challenging Order to Produce Original Document in Suit for Specific Performance — Court Holds That Production of Original Agreement Is Necessary for Adjudication of Rights Under Section 16(c) of the Specific Relief Act, 1963.

The petitioners, legal heirs of the original defendant Sharad, challenged an order dated 20/2/2012 passed by the 3rd Joint Civil Judge, Senior Divisio...

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Bombay High Court Allows Appeal in Society Membership Dispute — Removal of Life Member Set Aside for Violation of Natural Justice. Managing Committee's Decision to Expel Member Without Proper Inquiry and Opportunity of Hearing Held Invalid Under Societies Registration Act.

The appellant, Ramswaroop Sunderlal Goyal, was a life member of the respondent, North India Association, a society registered under the Societies Regi...

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Bombay High Court Upholds Partition Decree, Rejects Exclusive Ownership Claim Based on Tenancy Order. Civil Court Has Jurisdiction to Determine Whether Section 32G Order Was Obtained for Joint Family or Individual Capacity.

The dispute arose from a partition suit filed by respondent no.1, Maruti Laxman Shelar, claiming a 1/5th share in ancestral joint family properties. T...