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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Bombay High Court Dismisses Insolvency Petition Against Deceased Insolvent, Holding Proceedings Abate Upon Death. Insolvency Petition Under Presidency Towns Insolvency Act, 1909 Abates as Act Does Not Permit Substitution of Legal Representatives.

The case involves an insolvency petition filed by Prime Securities Ltd. against Anil Mithalal Shah under the Presidency Towns Insolvency Act, 1909. Th...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Against LIC — Tenant Association Fails to Prove Readiness and Willingness. Agreement to Sell Not Concluded as Essential Terms Remained Unsettled and No Binding Contract Was Formed Under Section 10 of Specific Relief Act, 1963.

The appeal arose from a decree of the City Civil Court, Greater Mumbai dismissing S.C. Suit No. 8228 of 1984, which was a suit for specific performanc...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Case, Reducing Enhanced Compensation from ₹1252 to ₹500 per sq. metre. Post-Notification Sale Deed Held Not Comparable Without Proper Deduction for Acquisition Impact Under Section 23 of Land Acquisition Act, 1894.

The case involves two First Appeals filed by the Managing Director of Goa State Infrastructure Development Corporation Limited against separate Judgme...

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Bombay High Court Dismisses Petition Challenging Rejection of Section 8 Application in Suit for Declaration of Deed as Void. Arbitration Clause in Agreements Held Not Applicable to Challenge to Registered Conveyance Deed as It Is Not a Dispute Arising from the Agreements.

The petitioners, original plaintiffs, filed S.C. Suit No.1512 of 2021 before the Civil Judge, Senior Division at Vadgaon, Pune, seeking a declaration ...

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Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

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Bombay High Court Allows Revision Application in Civil Suit — Upholds Right of Heirs to Seek Impleadment Under Order 22 Rule 4 CPC. Court holds that abatement of suit against deceased defendant does not automatically bar substitution of legal representatives if application is made within limitation.

The case arises from a civil suit filed by the respondents (original plaintiffs) against several defendants, including Balbhim Govind Deshpande (origi...

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Bombay High Court Allows Landowners' Appeal for Enhanced Compensation in Land Acquisition Case. Court holds that market value must reflect potential use and comparable sales, and that the Land Acquisition Officer's award is not binding on the Reference Court.

The judgment pertains to two first appeals arising from land acquisition proceedings for the benefit of the Goa Industrial Development Corporation. Th...