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Supreme Court Dismisses Appeal in Specific Performance Suit, Upholds Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness for specific performance, but defendant must refund earnest money with 12% interest under Section 22 of Specific Relief Act, 1963.

The appellant (plaintiff) entered into a sale agreement dated 19.03.2010 with the respondents (defendants) for purchase of property bearing Survey No....

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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Upheld. No substantial question of law arose as the first appellate court's findings were based on evidence and not perverse under Section 100 CPC.

The present second appeal was filed by the original defendants against the judgment and decree passed by the first appellate court, which had confirme...

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Bombay High Court Examines Writ Petitions Challenging Goa Public Health (Amendment) Act, 2005 on Grounds of Legislative Competence. The Petitioners Alleged Encroachment on Central Tobacco Act and Occupied Field, Seeking Quashing of State Provisions Banning Tobacco-Containing Food.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court at Goa, challenging the con...

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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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High Court of Bombay at Goa Dismisses Second Appeal in Permanent Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction Simpliciter Dismissed as Plaintiffs Failed to Prove Possession Over Disputed Strip of Land.

The appellants (original plaintiffs) filed a suit for permanent injunction simpliciter against the respondents (original defendants) claiming that the...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction — Landlord's Bonafide Requirement for Wife's Business Upheld. Concurrent Findings of Fact Not Interfered With Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The case involves a civil revision application filed by the tenant, Santosh Sampatrao Chhajed, against the concurrent judgments of the Small Causes Co...

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Supreme Court Allows Appeal in Insurance Claim Dispute Due to Non-Communication of Exclusionary Clauses. The court restored the District Forum's order awarding compensation for theft loss, as the insurer failed to communicate exclusionary terms.

The appellant, Bharat Watch Company, a partnership firm, had insured its stock of watches with the National Insurance Co. Ltd. On the night of 3 Augus...

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Supreme Court Quashes NCLT Approval and NCLAT Judgment in Bhushan Power CIRP, Remands for Fresh Resolution Plan. Approved Plan Set Aside Due to Inordinate Delay, Illegal Extension Clause, Waterfall Violation, and Non-Compliance with IBC Provisions Including Sections 30, 31, and 53.

The Supreme Court adjudicated a batch of civil appeals under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) challenging the approval of ...