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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Disturbed. Agreement to Sell Proved, Limitation and Benami Transaction Objections Rejected.

The case involves a second appeal filed by the defendants (appellants) against a decree for specific performance of an agreement to sell immovable pro...

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"Supreme Court of India Resolves Complexities in Taxation of Mineral Rights" "Judgment Clarifies Legislative Powers and the Nature of Royalty in Mining Sector"

The Supreme Court of India addressed a significant dispute regarding the distribution of legislative powers between the Union and the States, specific...

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High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Wagon Supply Dispute. Court upholds arbitrator's finding that appellant failed to prove force majeure and that respondent was entitled to refund of advance payment with interest.

The appellant, Titagarh Wagons Limited, entered into a purchase order dated 20.02.2006 with the respondent, Chowgule and Company Private Limited, for ...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

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Supreme Court Upholds High Court Dismissal of Judgment Debtor's Application to Set Aside Receiver's Sale Under Order 21 Rule 89 CPC. Order 21 Rule 89 Held Not Applicable to Receiver Appointed Under Section 51 CPC as Sale Not Conducted Under Order 21.

In execution of a money decree, the judgment debtor defaulted on payment of agreed instalments. The executing court, invoking Section 51 of the Code o...