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High Court of Bombay at Aurangabad Allows Appeals From Order, Restores Dismissal of Civil Suits as Barred by Res Judicata. The Court Holds That Ex-Parte Decree in Earlier Suit Over Same Land Operates as Res Judicata Under Section 11 CPC Against Plaintiffs Who Were Parties to Former Suit.

The appeals arose from a common judgment of the District Judge, Udgir, which had allowed the plaintiffs’ appeals against the dismissal of their suit...

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Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...

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Supreme Court Allows Appeal Against Execution of Arbitration Award as Specific Performance of Agreement for Sale. Arbitration Award Only Fixed Land Price; Executing Court Could Not Direct Sale Deed Execution Beyond Award's Scope.

The Supreme Court allowed the appeal filed by Firm Rajasthan Udyog and its partners against Hindustan Engineering & Industries Ltd. The dispute origin...

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Madras High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Title and Possession. Plaintiff's Title Based on Registered Sale Deed and Long-Standing Possession Prevails Over Defendant's Claim of Adverse Possession.

The case involves a property dispute between the plaintiff, N. Natarajan, and the defendants, A. David (appellant) and A. Dennis. The plaintiff filed ...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Madras High Court Allows Appeal in Specific Performance Suit — Time Not Essence of Contract but Plaintiff Must Prove Readiness and Willingness. Failure to Deposit Balance Amount and File Suit Within Limitation Period Bars Relief Under Section 16(c) of Specific Relief Act, 1963.

The appellant/defendant Sebastian filed an appeal against the judgment and decree dated January 3, 2017 passed by the Principal District Court, Thiruv...

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NOTICE OF MOTION NO.955 OF 2018

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Madras High Court Allows Appeal in Specific Performance Suit — Time Was Essence of Contract Despite Absence of Express Stipulation. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract Within Reasonable Time.

The appellant/defendant Sebastian filed an appeal against the judgment and decree dated January 3, 2017 passed by the Principal District Court, Thiruv...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition.

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. ...