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Bombay High Court Dismisses Second Appeal, Upholds Specific Performance Decree for Oral Agreement to Sell Land. Concurrent Findings of Fact Not Interfered With as Plaintiff Proved Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

This second appeal arises from a suit for specific performance of an oral agreement to sell agricultural land. The plaintiff (now represented by legal...

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Bombay High Court Upholds Specific Performance Decree Based on Oral Agreement — Concurrent Findings of Fact Not Interfered With in Second Appeal. Oral Agreement for Sale of Immovable Property Proved by Evidence; Written Document Dated 31.12.1973 Did Not Supersede Earlier Oral Agreement.

The case involves a second appeal filed by the defendants challenging concurrent judgments and decrees passed for specific performance of an agreement...

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High Court of Karnataka Quashes Order in Partition Suit Execution Proceedings for Non-Compliance with Order XX Rule 18 CPC. Decree Not Drawn in Terms of Compromise, Execution Petition Held Not Maintainable.

The petitioners, who were plaintiffs in a partition suit (O.S.No.114/1990), filed a writ petition under Articles 226 and 227 of the Constitution of In...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and His Possession.

The appellant, Champa Poojari, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC), challenging the judgment an...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Injunction in Parking Space Dispute. Court upholds concurrent findings that petitioner failed to establish exclusive right over stilt parking space as it was not part of the sale deed.

The petitioner, Udai Raj Singh Chauhan, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court at Goa, chal...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Inconsistent Testimony. Conviction under Section 302 IPC set aside as prosecution failed to prove homicidal death beyond reasonable doubt.

The appellant, Dinesh Sahebrao Kadam, was convicted by the learned Adhoc Additional Sessions Judge-1, Latur, in Sessions Case No. 49 of 2009 for offen...

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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Gift Deed as Valid. Lower Appellate Court's Reversal Based on Suspicious Circumstances Set Aside as Gift Deed Was Registered and Executed by Owner of Self-Acquired Property.

The case involves a partition suit concerning agricultural lands and a house property. The original owner, Damduji, executed a registered gift deed da...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...