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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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KAHC010480352008_1

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Bombay High Court Allows Revision and Restores Rejection of Plaint in Suit Based on Unregistered Agreement. Suit for Declaration of Ownership and Injunction Fails as Agreement Not Produced and Suit Time-Barred Under Article 58 of Limitation Act, 1963.

The case involves a Civil Revision Application filed by Ajmera Enterprises (the applicant) against an order of the appellate court which had set aside...

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High Court Upholds Return of Election Petition Under Order 7 Rule 10 CPC in Zilla Panchayat Election Dispute. Ruling Clarifies That CPC Applies to Trial of Election Petitions Under Karnataka Panchayath Raj Act, 1993 When Act Is Silent on Jurisdictional Return.

The High Court of Karnataka considered a writ petition challenging an appellate order that directed the return of an election petition under Order 7 R...

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High Court of Bombay Considers Appeals Against Company Law Board Order Directing Buyout of Majority Stake in Wind Energy Company. The majority shareholder challenged the finding of oppression and the forced sale of shares to minority shareholders under sections 397, 402 and 403 of the Companies Act, 1956.

The proceedings arose from disputes between the shareholders of Enercon (India) Limited, now known as Wind World (India) Limited, a company engaged in...

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Bombay High Court Dismisses Petition Challenging Validity of Resolution Nominating Members to Standing Committee of Municipal Corporation. Resolution Passed by Majority Group Complies with Section 31A(2) of Maharashtra Municipal Corporations Act.

The petitioners, including Mahanagar Sudhar Samiti and individual corporators of Akola Municipal Corporation, filed a writ petition challenging Resolu...