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Supreme Court Dismisses Appeal in Specific Performance Suit, Upholds Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness for specific performance, but defendant must refund earnest money with 12% interest under Section 22 of Specific Relief Act, 1963.

The appellant (plaintiff) entered into a sale agreement dated 19.03.2010 with the respondents (defendants) for purchase of property bearing Survey No....

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Bombay High Court Acquits Appellants in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 376(1), 341, 506, 109 IPC and Sections 4, 12, 17 POCSO Act set aside as victim's testimony was unreliable and medical evidence did not support rape.

The appellants, Kisan Damaji Naik and Ramesh Abidas Vasave, were convicted by the Sessions Judge, Nandurbar, in Sessions Case No. 01/2018 for offences...

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Bombay High Court Allows Depositor's Appeal in MPID Act Case, Directs Release of Attached Property on Bank Guarantee. Court holds that Section 4 of MPID Act does not require deposit of entire amount claimed by depositor for release of property.

The case involves two appeals: Criminal Appeal No. 451 of 2020 filed by Rabibai Mohamad Ismail (appellant) and Criminal Appeal No. 88 of 2021 filed by...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

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Bombay High Court Upholds Life Sentence for Husband in Dowry Death Case — Conviction Under Sections 498-A, 304-B IPC and Section 4 of Dowry Prohibition Act, 1961 Confirmed Based on Consistent Evidence of Harassment and Demand for Dowry

The appellant, Jalal Siddiqui Mulla, was convicted by the Additional Sessions Judge, Greater Bombay in Sessions Case No.773 of 2010 for offences under...

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Bombay High Court Delivers Common Judgment in Letters Patent Appeals Against Dismissal of Writ Petitions in Land Lease Resumption Case — Outcome Not Stated in Provided Excerpt

The dispute pertained to a plot of land in Bandra, Mumbai, originally leased by the Secretary of State for India in 1906 to Mrs. E.J. Menesse and othe...

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Supreme Court Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...

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Bombay High Court Dismisses Builder's Appeal in RERA Interest Case for Delayed Possession. Builder directed to pay interest at SBI MCLR plus 2% from 1 January 2018 till possession for delay in handing over flats in slum rehabilitation project.

The case involves a Second Appeal filed by Era Realtors Private Limited (Appellant) against the judgment of the Maharashtra Real Estate Appellate Trib...