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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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Bombay High Court Upholds Conviction of Court Clerk for Criminal Breach of Trust and Forgery of Records. Property Clerk misappropriated muddemal property and amounts, and made false entries in registers, convicted under Sections 409, 466, 477 IPC.

The applicant, Kanhaiyalal Damahe, was a property clerk in the Court of Civil Judge Junior Division, Saoner, from 1.6.2001 to 31.5.2005. During his te...

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Gujarat High Court Dismisses State's Appeal in Contract Damages Case — Failure to Prove Breach and Loss. Trial court's finding that plaintiff failed to establish defendant's breach and quantum of damages under Section 96 CPC upheld.

The State of Gujarat and another (appellants) filed a suit for recovery of damages against the contractor Anil J. Jhatakia (respondent) for alleged br...

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High Court of Karnataka Dismisses Revision Petition of Ex-Post Master Convicted for Criminal Breach of Trust and Falsification of Accounts — Concurrent Findings of Fact Upheld Under Sections 408 and 477-A IPC.

The petitioner, Sudesh Kumar, was an ex-post master at Kanchakal Post Office. He was charged with criminal breach of trust under Section 408 IPC and f...

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Bombay High Court Dismisses Appeal for Recovery of Fishing Rights Compensation Due to Lack of Evidence of Loss. Agreement for fishing rights at sluice gates did not confer exclusive rights, and plaintiff failed to prove actual loss from alleged breach.

The appellant, originally Orlando Dias and later his widow Maria Fausta Dias, filed a first appeal against the judgment and decree dated 29/10/2005 of...

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Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...

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Bombay High Court Upholds Striking Off Wife's Defence for Breach of Access Order in Divorce Proceedings. Family Court's Power Under Section 24 of Hindu Marriage Act, 1955 Includes Striking Off Defence for Non-Compliance with Interim Orders.

The case involves a writ petition filed by the wife, Mrs. Vimi Vinod Chopra, challenging the order of the Family Court No. 4, Mumbai dated 13.10.2010,...