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High Court

High Court of Karnataka Allows Appeals Against Dismissal of Attachment Applications in Suit for Specific Performance — Prima Facie Case and Risk of Alienation Established. The court held that the appellants had made out a strong prima facie case for specific performance and that the respondents were attempting to alienate the property, warranting attachment before judgment under Order 38 Rules 1 and 2 CPC.

25 Jun 2025

The appellants, legal heirs of the original plaintiff, filed a suit for specific performance of an agreement of sale dated 05.12.2011 executed by the ...

High Court

High Court of Karnataka Allows Husband's Appeal in Partition and Mandatory Injunction Suits — Property Acquired During Marriage is Joint Family Property Under Section 27 of the Family Courts Act, 1984. The court held that the wife's contributions to the household and her role as a homemaker gave her a right to claim partition and mandatory injunction.

21 Mar 2025

The appellant, Sunil Abraham, and the respondent, Reeth Abraham (also known as Reeth Devaiah), were married and later divorced. During the marriage, t...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Co-owner in possession cannot be dispossessed except by due process of law; decree for possession based on title is maintainable.

10 Apr 2023

The present second appeal was filed by the original defendant (Rakesh Engineering, through its proprietor Chandrika Mohan Sharma) against the judgment...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in International Commercial Arbitration for Violation of Natural Justice and Patent Illegality. The court found that the arbitrator relied on unproved documents and denied adequate opportunity to the petitioner, warranting setting aside of the award under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Jan 2023

The petitioner, Thomas Cook (India) Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral a...

High Court

Bombay High Court Quashes Detention Order Under PITNDPS Act for Non-Communication of Grounds in Language Known to Detenu. Failure to Serve Grounds in English to South African National Who Does Not Know English Violates Article 22(5) of Constitution and Section 8 of PITNDPS Act.

15 Sep 2022

The petitioner, Agisilaos Demetriades, a South African national, challenged an order of detention dated 21.09.2021 passed by Respondent No.2, the Join...

Supreme Court

Supreme Court Allows Appeal in Land Acquisition Dispute Due to Failure to Follow Statutory Procedure and Prove Compensation Payment. State Cannot Retain Land Without Valid Acquisition Under Sikkim Land (Requisition and Acquisition) Act, 1977.

2 Mar 2020

The case involves a dispute over 7.07 acres of land in East Sikkim that was allegedly acquired by the Agriculture Department of the Government of Sikk...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Sale Deed Held Outright, Not a Security Transaction. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

7 Feb 2020

The appeal arose from a suit for specific performance of an agreement of reconveyance. The plaintiff, A.S.C. Murthy, alleged that he borrowed money fr...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

12 Sep 2019

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

Supreme Court

Supreme Court Upholds High Court's Preliminary Decree in Christian Intestate Succession Case — Family Settlement Not Proved. The Court affirmed that a Christian dying intestate devolves property equally among children and spouse, and an oral family settlement without registration or clear evidence is not binding.

2 Jul 2019

The case involves a dispute over the intestate succession of John D. Abraham, a Christian who died in 1964. The suit property was his estate. The plai...

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