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Gujarat High Court Quashes FIR in Property Dispute Case Due to Civil Nature of Dispute and Lack of Criminal Intent. The court held that where the dispute is essentially civil, criminal proceedings cannot be allowed to continue as it would amount to abuse of process of law under Section 482 CrPC.

The judgment pertains to a criminal miscellaneous application filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR...

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High Court Quashes Stamp Duty Demand and Order in Writ Petition by Petitioner Against State of Maharashtra Under Maharashtra Stamp Act, 1958 Due to Time-Barred Proceedings and Erroneous Computation

The Petitioner, challenged Demand Notices and an Order by the Collector of Stamps and CCRA under the Maharashtra Stamp Act, 1958, alleging a deficit i...

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High Court Allows Writ Petition, Sets Aside Trial Court Order Dismissing Impleadment Application in Specific Performance Suit Under CPC and Constitution of India

The petitioners filed a writ petition under Article 227 of the Constitution of India challenging the Trial Court's order dated 01.10.2022 that dismiss...

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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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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits.

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order ...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Courts Below Upheld. Sale Deed Cancellation Suit Fails as Plaintiff Failed to Prove Undue Influence or Fraud Under Section 16 of the Indian Contract Act, 1872.

The appellant, Shivakumar, was the plaintiff in O.S.No.2108/2006 before the II Additional Senior Civil Judge, Bangalore Rural District, seeking cancel...

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Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement to Sell Flat. Oral Agreement for Sale of Immovable Property Not Enforceable Due to Lack of Written Contract and Part Performance Under Section 53A of Transfer of Property Act, 1882.

The plaintiff, Nirav Deepak Modi, filed a suit for specific performance of an oral agreement allegedly entered into with defendant No.1, Najoo Behram ...