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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings on Void Gift Deed and Limitation. The court held that no substantial question of law arose regarding limitation under Article 58 of the Limitation Act, 1963, as the courts below had concurrently found the suit not barred.

The case involves a partition suit filed by K.C. Chandrappa Gowda (plaintiff) against his father K.S. Chinne Gowda (first defendant) and K.C. Laxmana ...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio.

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his...

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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...