Search Results for "Section 57(3)"

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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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High Court of Karnataka Grants Anticipatory Bail to Accused in Rape and Cyber Crime Case — Petitioner Allegedly Committed Repeated Rape and Recorded Obscene Videos of Complainant, but Court Found No Prima Facie Case of Custodial Interrogation Needed

The petitioner, Prajwal Revanna, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory ba...

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Supreme Court Allows Appeal of Telecom Company in Industrial Dispute, Holding Regional Business Head Not a 'Workman' Under Industrial Disputes Act. Managerial and Supervisory Duties Exclude Employee from Section 2(s) Definition Despite Absence of Power to Appoint or Dismiss.

The Supreme Court allowed the appeal filed by M/s Bharti Airtel Limited against the judgment of the Karnataka High Court which had held that the respo...

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Supreme Court Upholds Licensing Conditions on Orchestra Bars Under Maharashtra Police Act, 1951. Gender-Based Numerical Restrictions on Performers Held Valid as Reasonable Restrictions in Public Interest Under Article 19(6) of the Constitution.

The appeals arose from a judgment of the High Court of Bombay that upheld conditions imposed by the Commissioner of Police, Brihan Mumbai, on orchestr...

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High Court of Karnataka Dismisses Second Appeal in Easement Right of Way Case — Concurrent Findings of Fact Not Interfered With. Plaintiff failed to prove existence of easement by necessity or prescription over forest land under Section 100 CPC.

The appellant, Sri B.V. Srikumar, was the unsuccessful plaintiff in a suit for declaration of right of way and permanent injunction against the Chief ...

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Bombay High Court Dismisses Union's Petition Challenging Tribunal's Order on Scope of Reference. The Industrial Tribunal correctly held that the transfer of employees issue was beyond the scope of the reference under Section 10 of the Industrial Disputes Act, 1947.

The petitioner, VIP Industries Shramik Sangh, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of India ...

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Bombay High Court Confirms Death Sentence for Accused No.1 and Life Imprisonment for Accused No.2 in Murder and Robbery Case. The court upheld the conviction under Sections 302 and 392 IPC based on circumstantial evidence including last seen theory and recovery of stolen articles.

The case involves the murder of Vijayatai Vitthalrao Pund, a 75-year-old woman, who was the mother of PW1 Sunil, a practicing lawyer. The incident occ...

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Bombay High Court Quashes Reassessment Notices in Sales Tax Case Due to Lack of Reasonable Belief — Reopening Based on Mere Suspicion and Incomplete Information Held Invalid Under Section 35 of Bombay Sales Tax Act, 1959 and Rule 9A of Central Sales Tax (Bombay) Rules, 1957.

The petitioners, Shree Venkateshwara Petro Chemicals Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India chall...