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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

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High Court of Karnataka Dismisses BDA's Appeal in Property Injunction Suit — Upholds Trial Court's Finding of No Prima Facie Title. BDA Failed to Establish Ownership Over Suit Property as Revenue Records Showed Private Ownership, and No Acquisition Proceedings Were Proven.

The judgment arises from two connected Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and dec...

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Supreme Court Denies Permanent Alimony to Spouse of Void Marriage Under Hindu Marriage Act. Sections 24 and 25 of the Hindu Marriage Act, 1955 Do Not Apply to Marriages Declared Void Ab Initio Under Section 11.

The Supreme Court of India considered a reference regarding conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 19...

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...