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Gujarat High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Prove Readiness and Willingness to Pay Balance Consideration, Rendering Specific Performance Unwarranted.

The case involves a First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the original defendant No. 2 (appellant) challenging ...

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Gujarat High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings of Fact. Appellate Court's Reversal of Trial Court's Decree Set Aside Due to Lack of Substantial Question of Law Under Section 100 CPC.

The appellant, Manilal Ratnabhai Solanki, was the unsuccessful plaintiff in a suit for declaration of title and possession of suit land. He filed Regu...

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Gujarat High Court Quashes Retrospective Withdrawal of Export Incentive Scheme. Retrospective Cancellation of Transport and Marketing Assistance Scheme Violates Legitimate Expectation and Promissory Estoppel, Unreasonable Classification Under Article 14.

The petitioners, exporters of agricultural products, were beneficiaries of the Transport and Marketing Assistance (TMA) Scheme introduced by the Minis...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, and Suit Property Not Identified.

The appellant, M/s. Jamnalal Bajaj Seva Trust, filed a Regular First Appeal under Section 96 of the CPC against the judgment and decree dated 30.04.20...

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High Court of Karnataka Allows Petition to Restrain Encashment of Bank Guarantee in Contract Dispute — No Concluded Contract Found. Court quashes demand letters and directs status quo, holding that without a work order, there is no concluded contract and invocation is arbitrary.

The petitioner, PG Setty Construction Technology Pvt. Ltd., a construction company, filed a writ petition under Articles 226 and 227 of the Constituti...

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Bombay High Court Allows Development Permission Despite Pending Criminal Case Against Different Property Developer. The court held that a criminal case concerning a different property cannot be a valid ground to refuse development permission for a separate land under a valid development agreement.

The petitioners, M/s. Gurudaya Builders, filed a writ petition challenging the refusal of the Municipal Corporation (Respondent No. 3) to grant develo...

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Bombay High Court Dismisses Third Party Impleadment Application in Partnership Suit — Assignment of Right to Sue Does Not Confer Right to Be Substituted as Party Without Leave of Court Under Order 22 Rule 10 CPC.

The present Chamber Summons was taken out by third party applicants, MahHill Properties Pvt. Ltd. and another, seeking impleadment as party defendants...