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Bombay High Court Dismisses Petition Challenging Dismissal of Complaint Under Section 156(3) CrPC — Dispute Civil in Nature. Agreement for Sale Not Registered, Power of Attorney Revoked, No Criminal Intent Made Out.

The petitioner, a partnership firm engaged in real estate, filed a criminal complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Not Proved as Plaintiff Failed to Show Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant Balasubrama...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract for Sale of Agricultural Land.

The appellant/plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant B...

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High Court of Karnataka Quashes FIR in Cheating and Forgery Case — Dispute Essentially Civil in Nature. Allegations of Will forgery and cheating held to be civil disputes where criminal proceedings are an abuse of process under Section 482 CrPC.

The petitioners, Smt. Vanitha and Venkatesh M., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qua...

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Bombay High Court at Goa Directs Registration of Sale Deed for Undivided Share Without NOC Under Section 49(6) of Town and Country Planning Act, 1974. Clarifications by Chief Town Planner and State Registrar Support No Requirement of NOC for Plots as per Survey Plan.

The petitioners, Gajendra Shenvi Desai and Radhika G. Shenvi Desai, as vendors, presented a draft sale deed for registration before the Civil Registra...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession.

The appellant, Aravind S/o Krishnaji Kulkarni, filed Regular Second Appeal No.161/2002 against the judgment and decree dated 4.9.2001 passed in R.A.No...

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Bombay High Court Allows Second Appeal in Property Title Suit — Gift Deed Title Upheld Despite Survey Omission. Court holds that first appellate court misconstrued the gift deed and wrongly cast burden of proof on plaintiffs regarding limitation.

The appellants, Joaquim Antonio Pacheco and Marcelina Fernandes, filed a suit for declaration of title and correction of survey records in respect of ...

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High Court of Karnataka Quashes Mutation Entry Orders in Land Dispute — Failure to Provide Opportunity of Hearing Violates Principles of Natural Justice. Mutation entries made without notice to petitioners set aside under Karnataka Land Revenue Act, 1964.

The petitioners, Damodar Vittal Kamath and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court...