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Bombay High Court Allows Second Appeal in Property Possession Dispute — Agreement of Sale Not a Valid Transfer of Title. Suit for possession based on agreement of sale dismissed as agreement does not confer ownership and suit is barred by limitation.

The case involves a dispute over agricultural land Survey No.22 (old) Gut No.11 admeasuring 6.44 acres at Mouza Savangi, Tahsil Kuhi, District Nagpur....

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Bombay High Court Hears Interim Injunction Application in Copyright Infringement Suit Concerning Digital Music Platform’s Use of Sound Recordings. The Court Examines Defenses of Fair Use and Statutory License Under Sections 52 and 31-D of the Copyright Act, 1957.

The present proceeding arose from two commercial IP suits filed by Tips Industries Ltd. (plaintiff) against Wynk Music Ltd. and another (defendants) b...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Courts Below Upheld. Agreement to Sell Not Proved as Genuine Transaction; Appellate Court's Reversal of Finding on Nature of Transaction Was Justified.

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...

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Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Concurrent Findings of Fact Restored. Agreement of Sale Proved by Attesting Witness and Part Performance Established; First Appellate Court's Reversal Held Perverse.

The appellants, legal representatives of the original plaintiff, filed a second appeal under Section 100 CPC against the judgment and decree of the IV...

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Bombay High Court Quashes Criminal Proceedings in Property Dispute — Civil Nature of Dispute Precludes Criminal Liability. Agreement for Development and Sale of Flats Breached; Court Holds That Mere Breach of Contract Does Not Attract Offences Under Sections 406 and 420 of the Indian Penal Code, 1860.

The petitioner, Babu Dadasaheb Gavhane, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of C...