Search Results for "discretionary interest"

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High Court of Karnataka Hears Writ Petition on Impleadment of Additional Defendants in Specific Performance Suit — Considers Proper Party Test Under Order I Rule 10 CPC

The petitioner, as plaintiff, filed a suit for specific performance of an agreement of sale dated 10.06.2016 executed by late Mariyappa in respect of ...

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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

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NCLAT Dismisses Appeal of Operational Creditor Seeking Performance Pay Under IBC — Claim for Performance Pay Not an 'Operational Debt' Under Section 5(21) of IBC, 2016 as It Is Discretionary and Not Based on Provision of Goods or Services.

The appeal was filed by M. Ramakanth, an operational creditor, against the order of the National Company Law Tribunal, Hyderabad, which dismissed his ...

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WRIT PETITION NO. 12656 OF 2023

The writ petition under Article 227 of the Constitution of India was filed by Reliance General Insurance Company Ltd. against the order dated 31 July ...

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Karnataka High Court Allows Appeal and Remands Murder Case for Fresh Trial Due to Denial of Fair Trial. Conviction Under Sections 498A and 302 IPC Set Aside as Non-Examination of Medical and Forensic Witnesses and Non-Marking of Postmortem Report Vitiates Trial and Violates Article 21.

The appeal arose from a judgment of the IV Additional District and Sessions Judge, Madhugiri, which convicted the appellant, the husband of the deceas...