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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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Bombay High Court Allows Petitions Challenging Demolition of Structures by Nashik Municipal Corporation Without Proper Notice and Hearing. Demolition Without Prior Notice Violates Principles of Natural Justice Under Section 53A of MRTP Act and Section 169 of MMC Act.

The judgment involves a group of writ petitions filed by individuals and businesses challenging the demolition of their structures by the Nashik Munic...

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Supreme Court Dismisses Petition by Judicial Officer Seeking Reinstatement After Resignation. Transfer Found Not Illegal Under Madhya Pradesh Higher Judicial Services Transfer Policy, and Resignation Did Not Amount to Constructive Dismissal Under Constitutional and Service Law Provisions.

The petitioner, a former Additional District and Sessions Judge in Madhya Pradesh, filed a writ petition under Article 32 of the Constitution of India...

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Supreme Court Upholds 2020 Tribunal Rules with Modifications to Ensure Judicial Independence. Court directs changes to Search-cum-Selection Committee composition and member qualifications to align with constitutional principles.

The Supreme Court of India was called upon to decide the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualificat...

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Supreme Court Refers Challenge to Abrogation of Article 370 to Larger Bench Due to Conflicting Precedents. The Court finds conflicting views on whether Article 370 is temporary or permanent, requiring resolution by a larger Bench.

This order by the Supreme Court of India deals with a preliminary issue in a batch of petitions challenging the constitutional validity of two Constit...

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

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Bombay High Court Quashes Tribunal Order for Ignoring Binding Precedent in Section 14A Disallowance Case. Tribunal's refusal to follow earlier decision of the same court on identical issue held to be a jurisdictional error warranting interference under Article 226.

The petitioner, HDFC Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 23 September ...

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Bombay High Court Dismisses Second Appeal in Suit Rejection Case — Conditional Withdrawal Without Payment of Costs Bars Fresh Suit. Order VII Rule 11(d) CPC applied to reject plaint where earlier suits were withdrawn with permission to file fresh suit but costs condition was not fulfilled.

The appellants, original plaintiffs, filed Special Civil Suit No.30 of 2007 seeking declaration that a sale deed was illegal, null and void. The respo...