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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Agreement to Sell and Possession Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 of Code of Civil Procedure, 1908 unless perverse or based on no evidence.

The present second appeal was filed by the original defendant (since deceased, represented by legal heirs) challenging the concurrent judgments and de...

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High Court of Gujarat Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Court holds that the plaint discloses a cause of action and the suit is not barred by limitation under Article 54 of the Limitation Act, 1963.

The case involves a civil revision application filed by the defendant No.4 (appellant) challenging an order dated 06.05.2023 passed by the 2nd Additio...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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Bombay High Court Allows Adoption Petition, Sets Aside Custody Order in Favor of Adoptive Parents — Deed of Adoption Valid Under Hindu Adoption and Maintenance Act, 1956 Despite Lack of Witnesses and Registration.

The case involves a dispute between adoptive parents (petitioners) and biological parents (respondents) over the custody of a minor child aged 2 years...

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Bombay High Court Dismisses Suit by Minor Children Seeking to Set Aside Family Settlement — Memorandum of Family Settlement Held Binding as a Family Arrangement Under Contract Act and Specific Relief Act

The plaintiffs, four children of Madhupati and Anuradha Singhania (Defendants 1 and 2), filed a suit seeking cancellation of a Memorandum of Family Se...

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High Court of Karnataka Dismisses KSFC's Petition for Impleadment in Specific Performance Suit — Mortgagee Not a Necessary Party Under Order 1 Rule 10 CPC. Section 31E of SFC Act, 1951 Does Not Confer Right to Sue for Specific Performance of Third-Party Contracts.

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

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Karnataka High Court Dismisses KSFC's Petition to Implead in Specific Performance Suit. Mortgagee is not a necessary party to a suit for specific performance of a contract for sale.

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Involving Beer Labels. Plaintiff's mark 'HAYWARDS 5000' held to be infringed by defendant's use of '5000' in similar label, as numeral is an essential feature not descriptive of beer strength.

The plaintiff, Skol Breweries Limited, filed a suit for trademark infringement and passing off against the defendants, Som Distilleries & Breweries Li...