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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

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High Court Dismisses Bank's Revision in SARFAESI Act Suit — Civil Court Jurisdiction Not Barred. Suit for Declaration and Injunction Regarding Personal Guarantee Held Maintainable as It Does Not Relate to Enforcement of Security Interest Under Section 34 of SARFAESI Act.

The case involves a civil revision application filed by Allahabad Bank against an order of the Joint Civil Judge, Junior Division, Nagpur, rejecting t...

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Madras High Court Dismisses Appeals Against Demand for Assignment Fee and Ground Rent for Government Land Lease Transfer. Government Order Dated 27.01.2004 Upheld as Valid and Binding.

The present writ appeals were filed by Sree Maruthi Agrotech Limited and its director K. Gurumoorthy against the Salt Commissioner and Deputy Salt Com...

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Supreme Court Allows Delay Condonation in Specific Performance Suit by Non-Party to Contract. Limitation Act Section 5 Delay of 254 Days Condoned as Sufficient Cause Shown for First Appeal Delay.

The appellant filed two suits for specific performance of agreements of sale for agricultural land in Himachal Pradesh. The suits were dismissed by th...

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Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed triable issues regarding mortgage, power of attorney revocation, and jurisdiction, and could not be rejected at the threshold.

The appellant, Vinod Infra Developers Ltd., claimed ownership of agricultural land in Jodhpur and alleged that it had borrowed Rs. 7.5 crores from res...

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Court Grants Exemption from Court Fees to Army Officer's Wife. Plaintiff deemed

The Writ Petition challenges the Trial Court's order directing the Plaintiff to properly value the Suit Plaint and pay the requisite court fee stamp. ...

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Bombay High Court Dismisses Petition of Cooperative Housing Society Challenging Deemed Membership of Assignee. Transfer of Leasehold Interest Valid Under Maharashtra Cooperative Societies Act, 1960, Sections 22, 23, 24.

The petitioner, The New India Cooperative Housing Society Ltd., challenged concurrent orders of the Divisional Joint Registrar and Deputy Registrar un...