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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Upheld. The court held that the appellants failed to prove adverse possession and the suit for partition was within limitation under Article 65 of the Limitation Act, 1963.

The case pertains to a second appeal filed by the defendants against the concurrent decrees of the trial court and the first appellate court in a suit...

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Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution. Court Restrains Respondents from Alienating Property Subject to Execution Petition to Prevent Frustration of Arbitral Decree.

The applicant, C.J. Charles Rajkumar, proprietor of M/s Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliation...

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Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

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Madras High Court Dismisses Second Appeal in Injunction Suit — Plaintiff Fails to Prove Possession Over Suit Property. Court holds that in a suit for permanent injunction, the plaintiff must prove his possession on the date of filing and cannot rely on the weakness of the defendants' case.

The plaintiff, Rajaraman, filed a suit for permanent injunction against the defendants, Ravi and Sekar, claiming possession of a nanja land (suit prop...

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Madras High Court Dismisses Second Appeal in Injunction Suit — Plaintiff Fails to Prove Possession and Title. Suit for permanent injunction dismissed as plaintiff failed to establish possession over suit property and did not seek declaration of title despite disputed ownership.

The case involves a second appeal filed by the plaintiff, Rajaraman, against the concurrent judgments of the trial court and first appellate court dis...

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Madras High Court Dismisses Second Appeal in Property Title Dispute — Upholds Concurrent Findings of Courts Below. Sale Deed of 1983 Found Genuine and Valid, Ex-parte Decree for Specific Performance Held Not Binding on Plaintiff as He Was Not a Party.

The case involves a property dispute where the plaintiff, K. Rajendran, filed a suit for declaration of title and permanent injunction against the def...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

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High Court of Karnataka Quashes Demand Notice for Royalty on Steatite Extraction in Violation of Affidavit Condition — Petitioner's Use of Mineral for Decorative Blocks Not Proved to Be for Cottage Industry. Affidavit Undertaking Not Incorporated in Lease Deed Cannot Be Enforced as Condition of Lease.

The petitioner, S.K. Suresh, held a quarry lease for steatite (a minor mineral) granted on 10-11-2010 under the Karnataka Minor Mineral Concession Rul...