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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in MoU Dispute Over Flat Area — Petitioner's Obligation to Sell 1 Lac Sq. Ft. Upheld. Arbitrator's Plausible Interpretation of Contract Not Interfered With Under Section 34 of Arbitration and Conciliation Act, 1996.

The Bombay High Court dismissed an arbitration petition filed by The Bombay Dyeing And Manufacturing Co. Ltd. challenging an arbitral award passed by ...

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Karnataka High Court Reserves Decision on Quashing of Multiple FIRs in Real Estate Dispute; Developers Contend Breach of Contract, Not Cheating. Court Examines Whether Civil Dispute Can Attract Criminal Liability Under Sections 406 and 420 of Indian Penal Code, 1860.

The Karnataka High Court heard a batch of criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of mult...

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Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

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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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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...