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Supreme Court Allows Appeal in Specific Performance Case — Sale Deed Held Outright, Not a Security Transaction. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appeal arose from a suit for specific performance of an agreement of reconveyance. The plaintiff, A.S.C. Murthy, alleged that he borrowed money fr...

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Bombay High Court Allows Compensation Claim Against Police for Illegal Seizure of Documents. Police Officer Acted Beyond Authority by Taking Possession of Private Documents Under Threat of Criminal Prosecution, Violating Petitioner's Rights.

The petitioner, Ram Babanrao Waregaonkar, filed a criminal writ petition seeking compensation on the ground that police acted illegally, harassed him,...

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Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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High Court of Karnataka Allows Writ Petition Against DRAT Order in SARFAESI Act Case — Appeal Under Section 18 Held Maintainable Despite Availability of Civil Suit. Statutory Remedy Under SARFAESI Act Cannot Be Ousted by Alternative Remedy of Civil Suit.

The petitioner, Trishul Developers, a partnership firm, had availed a loan from L & T Housing Finance Limited (respondent No.1). Upon default, the res...

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High Court of Karnataka Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Securitisation Application Matter. Maintainability of Appeal Under Section 18 of SARFAESI Act Against Interim Orders of Debts Recovery Tribunal Upheld.

The petitioner, Trishul Developers, a partnership firm, filed a writ petition under Article 227 of the Constitution of India challenging an order date...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

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High Court of Karnataka Allows Writ Petition to Lift Attachment of Mortgaged Properties in Favor of State Financial Corporation Over Income Tax Recovery. Priority of secured creditor under Section 46A of State Financial Corporations Act, 1951 prevails over Crown debt for income tax arrears.

The petitioner, Karnataka State Industrial Investment Development Corporation Ltd., a State owned Corporation and a Financial Institution governed by ...