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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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Bombay High Court Allows Appointment of Sole Arbitrator in Will Dispute Between Surviving Heirs. Arbitration clause in last Will and testament of deceased father invoked for disputes over locker jewellery allegedly removed by respondent.

The applicant, Ashwin Maganlal Savani, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a S...

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Supreme Court Allows Government Appeal in Consumer Case Over Exim Policy Incentives. Exporter Not a Consumer as Government Does Not Render Service Under Consumer Protection Act, 1986.

The Supreme Court allowed the appeal filed by the Ministry of Commerce against the order of the National Consumer Disputes Redressal Commission (NCDRC...

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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 PIL Challenging Hawking Activities on Footpaths in Nariman Point and Churchgate Areas. Court Holds That Hawking Is a Fundamental Right Under Article 19(1)(g) Subject to Reasonable Restrictions, and That Municipal Authorities Have Discretion to Designate Hawking Zones.

The petitioners, a group of residents and welfare associations from Nariman Point and Churchgate areas in Mumbai, filed a Public Interest Litigation (...