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Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned.

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an allege...

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Bombay High Court Allows Appeal in Tenancy Dispute — Section 32M Certificate Conclusive Proof of Ownership. Certificate issued under Section 32M of Bombay Tenancy and Agricultural Lands Act, 1948 is conclusive evidence of tenant's purchase and civil court cannot ignore it.

The appellant, Pushpalata Narayan Thorbole, filed a second appeal against the judgment and decree dated 1.4.2014 passed in Regular Civil Appeal No. 14...

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Bombay High Court Dismisses Appeal Against Injunction in Property Sale Dispute — Receipt Held Not Constituting Agreement to Sell. Receipt of earnest money without essential terms of contract cannot be enforced as an agreement to sell under the Specific Relief Act, 1963.

The appellant, Eastern Star Hotels & Resorts Pvt. Ltd., filed an appeal against an order of the Civil Judge, Senior Division, Panaji, which dismissed ...

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Bombay High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court Holds That Plaintiffs Failed to Prove Title and Possession Over Suit Property, and That the Trial Court Erred in Decreeing the Suit Without Proper Consideration of Evidence.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over agricultural land. Th...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) concerning land in Village...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...