Search Results for "Section 49(3)"

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Supreme Court Partly Allows Appeal in Specific Performance Suit — Distinguishes Between Condonation of Delay and Setting Aside Ex-Parte Decree. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree When Only Revision Against Condonation Order Was Filed.

The case arises from a suit for specific performance of an agreement for sale filed by the appellants (plaintiffs) against the respondents (defendants...

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Supreme Court Dismisses Appeal by Builder in Consumer Dispute Over Double Allotment and Forfeiture. Purchase of Flat for Director's Personal Use Held Not Commercial, Affirming Consumer Status Under Section 2(7) of Consumer Protection Act, 2019.

The respondent, Kushalraj Land Developers Pvt. Ltd., a real estate company, booked a flat in the appellant's project 'Omkar 1973 Worli' for the reside...

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Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

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Bombay High Court Dismisses Appeal Against Refusal of Leave to Execute Consent Decree in Company Liquidation. Consent Decree Declared Void as Fraudulent Preference Under Section 446 of Companies Act, 1956.

The appeal arose from an order of the Company Judge refusing leave under Section 446 of the Companies Act, 1956 to the appellant, Forbes & Company Lim...

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Bombay High Court Upholds Life Imprisonment for Murder by Burning: Conviction Based on Child Witness Testimony and Dying Declaration. The court affirmed that a child witness's testimony, if credible, can form the basis of conviction under Section 302 IPC without corroboration.

The appellant, Suresh Malhari Gaware, was convicted by the Sessions Court for the murder of Raziyabi Nashir Khan under Section 302 of the Indian Penal...

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Bombay High Court Dismisses Revenue's Appeal in Customs Case — Confiscation of Indian Currency Not Sustainably Linked to Smuggling. CESTAT's finding that Revenue failed to establish necessary ingredients for invoking Section 121 of Customs Act, 1962 upheld.

The Commissioner of Customs (Preventive), Mumbai filed an appeal against the order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) d...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Appellant failed to show any substantial question of law arising from concurrent findings of courts below regarding possession and title of suit property.

The case involves a second appeal filed by Sou. Sheetal Ulhas Dangi, who was the original defendant no.22, against the judgment and decree passed by t...