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Supreme Court Upholds Executability of Specific Performance Decree Despite Delay in Deposit of Balance Consideration. Non-Deposit Within Stipulated Time Does Not Automatically Render Decree Inexecutable; Judgment-Debtor Must Seek Rescission Under Section 28 of Specific Relief Act, 1963.

The case involves a dispute over the execution of a decree for specific performance of an agreement to sell agricultural land. The appellant, Habban S...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Grants Bail to Accused in Attempt to Murder Case on Ground of Parity and Long Incarceration. Co-accused already granted bail; applicants entitled to same relief under Sections 140(2), 308(7), 3(5) of Bharatiya Nyaya Sanhita, 2023.

The applicants, Ramdev Singh Jadeja, Vishal Mir, and Chintan Arvindbhai Desai, filed a bail application under the Bharatiya Nyaya Sanhita, 2023 in con...

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Supreme Court Dismisses Appeal Against Extension of Time to Deposit Sale Consideration in Specific Performance Decree. Doctrine of Merger Applies When Appellate Court Restores Trial Court Decree Without Fixing Time for Deposit.

The case involves four connected civil appeals arising from a common judgment of the High Court of Punjab & Haryana dated 09.09.2022, which dismissed ...

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Bombay High Court Allows Default Bail to Accused Arrested After Charge-Sheet Filing in Further Investigation. Right to Default Bail Under Section 167(2) CrPC Applies to Accused Arrested During Further Investigation, Not Extinguished by Prior Charge-Sheet Filing.

The Bombay High Court, in a referral order, resolved a conflict between two Single Judge decisions regarding the applicability of default bail under S...

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Supreme Court Allows Default Bail in UAPA Case: Exclusive Jurisdiction of Special Court for Extension of Investigation Period. The right to default bail under Section 167(2) CrPC accrues upon expiry of 90 days and is not defeated by subsequent filing of charge sheet if application was made before filing.

The Supreme Court allowed the appeal of Bikramjit Singh, who was arrested in connection with a grenade attack at a Nirankari Bhawan in Amritsar on 18....

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Joint Venture Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court upholds arbitrator's findings on breach of joint venture agreement and rejection of counter claims as not perverse.

The petitioner, Development Corporation of Konkan Limited, a government company, filed a petition under Section 34 of the Arbitration and Conciliation...

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Bombay High Court Quashes Removal of Employee in Disciplinary Proceeding for Violation of Natural Justice and Proportionality. Charge-sheet and Penalty Set Aside Due to Non-Supply of Documents and Disproportionate Punishment.

The petitioner, Abha Chawla Mohanty, was an employee of the Oriental Insurance Co. Ltd. appointed in October 1985. She was served with a charge-sheet ...