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Madras High Court Allows Appeal in Specific Performance Suit — Time Was Essence of Contract Despite Absence of Express Stipulation. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract Within Reasonable Time.

The appellant/defendant Sebastian filed an appeal against the judgment and decree dated January 3, 2017 passed by the Principal District Court, Thiruv...

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Madras High Court Allows Appeal in Specific Performance Suit — Time Not Essence of Contract but Plaintiff Must Prove Readiness and Willingness. Failure to Deposit Balance Amount and File Suit Within Limitation Period Bars Relief Under Section 16(c) of Specific Relief Act, 1963.

The appellant/defendant Sebastian filed an appeal against the judgment and decree dated January 3, 2017 passed by the Principal District Court, Thiruv...

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Bombay High Court Dismisses PIL Challenging Land Allotment for Temple Construction — No Public Interest Violation Found. Court held that allotment of land for a temple under the Maharashtra Land Revenue Code does not require public auction and is permissible for religious purposes.

The judgment pertains to a Public Interest Litigation (PIL) filed by two petitioners, Bapu Shankar Dighe and Dadasaheb Kusabapu Pawar, challenging the...

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Supreme Court Allows Land Owner's Appeal in Consumer Case, Holding No Joint Liability for Developer's Default. Collaboration Agreement and Tripartite Agreement Did Not Impose Obligation on Land Owner to Flat Buyers Under Consumer Protection Act, 1986.

The appeals arose from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) allowing a complaint by flat buyers against a ...

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High Court of Karnataka Upholds Sugar Factory's Right to Export Subsidy Under Sugar Development Fund Act, 1982. Internal transport and freight charges subsidy cannot be denied on ground of non-compliance with procedural requirements where substantive entitlement is established.

The Union of India and the Chief Director (Sugar) filed an intra-court appeal under Section 4 of the Karnataka High Court Act against an order dated 1...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...

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Bombay High Court Dismisses Plaintiff's Suit for Recovery Due to Prior Arbitration Awards. The court held that the suit is barred by res judicata as the same claims were already adjudicated in arbitration proceedings under the Arbitration Act, 1940.

The plaintiff, Unique Integrated Transport & Management Consultancies Pvt. Ltd., filed a suit against Mahanagar Telephone Nigam Ltd. (MTNL) and its of...