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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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Bombay High Court Upholds Injunction Against Developer in Property Dispute Over Unregistered Agreement. Court Restrains Construction on Suit Properties Pending Suit, Holding That Unregistered Agreement of Sale Cannot Confer Title or Right to Develop.

The appellant, Lodha Estate Private Limited, challenged an order of injunction passed by the trial court in Special Civil Suit No. 186/2011. The respo...

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KAHC010028192013_1

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High Court of Karnataka Dismisses Appeal in BBMP Khatha Dispute — Upholds Single Judge's Order Directing Restoration of Khatha Based on Earlier Directions. The Court held that the Joint Commissioner's order was contrary to earlier directions and the Single Judge's order was just and proper.

The appellants, Sri N. Venkatesh and Smt. D. Vijayalakshmi, filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an ...

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High Court of Karnataka Hears Petitions Challenging Tender and Work Orders in Cooperative Milk Marketing. Petitions Filed by Warehousing Agent and Co-Packer Against Karnataka Cooperative Milk Federation and Its Unions Alleging Breach of Exclusive Contracts for Telangana Operations.

Background: The case involved two writ petitions filed before the High Court of Karnataka challenging certain actions of the Karnataka Co-operative Mi...

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High Court of Bombay Hears Appeal Against Company Law Board Orders Refusing to Enforce Settlement Under Section 634A of Companies Act, 1956. The appeal challenged the binding nature of an order recording broad settlement when consent terms were unsigned and third-party interests were involved.

The appeal arose from two orders of the Company Law Board (CLB) dated 2 July 2004 and 13 September 2004, which held that an earlier CLB order dated 29...

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Supreme Court Examines Condonation of Delay by Karnataka Housing Board under Limitation Act. High Court's Order Condoning 3966-Day Delay in Filing Second Appeal is Scrutinized on Grounds of State Lethargy and Sufficient Cause.

The appeal before the Supreme Court arose from a judgment of the High Court of Karnataka condoning a delay of 3966 days in filing a second appeal by t...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Dismisses Petition for Interim Measures in Slum Rehabilitation Dispute Under Section 9 of Arbitration Act, Citing Public Interest in Airport Development. Termination of Determinable Contract Not Stayed as Injunction Would Amount to Specific Performance Barred Under Specific Relief Act.

The case arose from a petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Housing Development and Infrastructure Limited ...