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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Bombay High Court Dismisses Writ Petition Seeking Refund of Premium Paid Under ULC Act Government Resolution — Petitioner Cannot Claim Refund After Voluntarily Availing Benefit and Selling Land to Third Parties.

The petitioner, Sudarshan Chemical Industries Ltd., was a beneficiary of an exemption order dated 29 February 1980 under Section 20(1) of the Urban La...

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High Court of Karnataka Allows Landowner's Petition in Land Acquisition Case Due to Delay in Final Notification Under Section 11(7) of RFCTLARR Act, 2013. Preliminary Notification Deemed Rescinded as Final Notification Not Issued Within Statutory Period.

The petitioner, Sri K. Ganganna, owned lands that were acquired by the respondents for the Indian Railways. A preliminary notification under Section 1...

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High Court of Bombay Dismisses Sole Executrix in Probate Petition Under Indian Succession Act Over Will's Validity. Failure to Prove Execution Under Section 68 of Evidence Act and Suspicious Circumstances Found Including Testator's Ill Health and Exclusion of Sons.

The litigation originated from an application for probate of an alleged will executed by Edakuda Panankandiyil Narayana Kurup, who passed away on 4 Se...

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Bombay High Court Dismisses Writ Petitions Seeking Land Allotment for Housing Society Due to Lack of Enforceable Right and Laches. Petitioner failed to establish any legal right to allotment of government land under the Maharashtra Land Revenue Code, 1966, and the claim was barred by delay and laches.

The petitioner, Pandurang Tukaram Kamble, as Chief Promoter of a proposed housing society, filed two writ petitions seeking allotment of 2.5 acres of ...

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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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Bombay High Court Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...