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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

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High Court of Karnataka Allows Appeal in Injunction Dispute Over Possession of Properties — Sets Aside Trial Court Order for Non-Compliance with Order XXXIX Rule 3 CPC. Failure to Record Reasons for Dispensing with Notice Renders Ex Parte Injunction Void.

The appellant, Mr. Srinivas Adhikeshavulu Dalvai, was the defendant in a suit filed by M/s Anushka Constructions Pvt Ltd (the respondent/plaintiff) in...

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Bombay High Court Allows Writ Petitions Challenging Education Officer's Order Setting Aside Transfer of Headmaster — Transfer of Headmaster Held Not Requiring Prior Approval Under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The case involves two writ petitions. The first petition was filed by Janta Shikshan Sanstha and its office bearers challenging the order of the Educa...

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Bombay High Court Dismisses Petition Challenging Rejection of Leave to Defend in Summary Suit — Petitioner Failed to Show Triable Issues or Substantial Defence. Order 37 CPC Leave to Defend Denied as Petitioner's Defence Was Vague and Lacked Particulars.

The petitioner, M/s. Prahaar Enterprises, a proprietary firm, filed a writ petition challenging the order of the trial court dated 18th January 2011, ...

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Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

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Bombay High Court Allows Appeal Against Vacation of Vessel Arrest in Admiralty Suit for Bunker Supply Claim. The court held that the Single Judge erred in vacating the arrest and directing security without proper findings of mala fides.

The appellant, Chemoil Adani Pvt. Ltd., filed an admiralty suit against the vessel m.v. Hansa Sonderburg and its owners for recovery of dues for suppl...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...