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Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. Presumption of Legally Enforceable Debt Under Sections 118 and 139 NI Act Not Rebutted by Accused.

The present criminal revision petition was filed by the accused-petitioner, Sri R. Rajappa, challenging the judgment of conviction and order on senten...

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High Court of Karnataka Dismisses Writ Petition Challenging BDA Site Allotments Due to Lack of Standing and Delay. Petitioner failed to establish title or locus standi to challenge allotments made to respondents 3 to 6 in 2003-2009.

The petitioner, Wajid Pasha, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Banga...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine and Enforceable. Court upholds trial court's finding that the plaintiff failed to discharge burden of proving the agreement and readiness and willingness to perform.

The appellant, Merit Magnum Constructions (formerly Vimal Buildings), a partnership firm, filed a suit for specific performance of an agreement to sel...