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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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Supreme Court Allows Appeal of Taxpayer Against Non-Processing of Income Tax Returns and Refund Claims. Mandamus Issued to Process Returns Under Section 143(1) Within Four Weeks, Subject to Section 143(1D) and Section 241A of the Income Tax Act, 1961.

The appellant, Vodafone Idea Ltd. (formerly Vodafone Mobile Services Ltd), is a telecommunications company that filed income tax returns for Assessmen...

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Bombay High Court Quashes Civil Court Order Allowing Filing of Reply After Refusal — Civil Court Cannot Review Its Own Order Without Statutory Authority. The court held that a Civil Court cannot sit in appeal over its own order under Order 37 CPC and set it aside without specific provision.

The petitioner, Rentworks India Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the respondent, Indi...

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High Court of Judicature at Bombay Hears Letters Patent Appeal Against Single Judge’s Order Upholding State Minister’s Decision in Evacuee Property Mutation Dispute. Minister's Order Had Set Aside Lower Authorities' Orders Restoring Evacuee Property Entries.

This Letters Patent Appeal arose from a dispute over evacuee properties in Lonavala. The original owner, Haji Habib Tar Mohammed Janu, migrated to Pak...

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High Court of Karnataka Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued to Brother-in-Law, Reduces Sentence to Fine Only. Cheque Issued to Prevent Harassment of Sister Held Not Supported by Lawful Consideration, But Presumption Under Section 139 NI Act Not Rebutted.

The petitioner/accused, Smt. Shobhavathi, issued a cheque for Rs.50,000 in favour of the respondent/complainant, Dr. Krishnoji Rao, who is her brother...

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High Court of Karnataka Considers First Appeal Against Denial of Specific Performance of Land Sale Agreement. The appeal challenges the trial court's finding that the plaintiff failed to prove readiness and willingness and that the contract was validly terminated.

The dispute arose from an agreement for sale of agricultural lands situated at Maranagere Village, Tiptur Taluk. The first defendant, aged about 81 ye...

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Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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Bombay High Court Partially Sets Aside Arbitral Award in Shareholder Dispute Over Hotel Company Exit — Holds That Arbitrator Exceeded Jurisdiction by Granting Relief Beyond Scope of Reference and Without Proper Valuation.

The judgment pertains to two Commercial Arbitration Petitions arising from an arbitral award dated 5th April 2016. The petitioners (Panchamias Group a...