Search Results for "Sham Decree"

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Bombay High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court Holds That Plaintiffs Failed to Prove Title and Possession Over Suit Property, and That the Trial Court Erred in Decreeing the Suit Without Proper Consideration of Evidence.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over agricultural land. Th...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) concerning land in Village...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Held to Be Leave and Licence, Not Sale. Court upholds finding that the agreement dated 22 April 1977 was a sham document and the transaction was a leave and licence arrangement, not an agreement for sale.

The Appellant, M/s. Imageads and Communications Pvt. Ltd., filed a suit for specific performance of an agreement dated 22 April 1977, claiming that Re...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Sale Deed Not a Sham Transaction. Appellant failed to prove that sale deed dated 3.2.1975 was without consideration or a sham document; concurrent findings of courts below upheld.

The case involves a property dispute between two brothers, Shashikant Haribhau Bandewar (appellant-plaintiff) and Bhalchandra Haribhau Bandewar (respo...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of t...

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High Court Dismisses Section 9 Petition for Post-Foreign Award Relief in Commercial Arbitration Dispute - Vessel Sale Prior to Petition Filing Renders Relief Infructuous

The High Court dismissed a commercial arbitration petition seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 to s...

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...