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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses. Execution of Agreement Not Duly Proved Under Section 68 of the Evidence Act, 1872, as Attesting Witnesses Were Not Examined.

The case involves a suit for specific performance of an agreement to sell dated 01.06.2005 filed by the respondent-plaintiff (Ashish Jain) against the...

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High Court Condemns Demolition by Municipal Corporation Under Guise of DCPR 2034 Redevelopment Scheme. Appeal from Order Dismisses Demolition as High-handed and Illegal Under Regulation 33(9) of Development Control and Promotion Regulation 2034.

The matter pertains to an appeal from order filed by M/s. Mehta & Co., a partnership firm through its partner Mr. Adarsh Varma, as original plaintiff,...

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Karnataka High Court Pronounces Order on Constitutional Challenge to Karnataka On-demand Transportation Technology Aggregators Rules, 2016. Petitioners Assert Rules Ultra Vires Motor Vehicles Act, 1988 and Violative of Freedom of Trade and Commerce Under Articles 14, 19(1)(g), and 301 of the Constitution.

The Karnataka High Court considered a batch of writ petitions challenging the constitutional validity of the Karnataka On-demand Transportation Techno...

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High Court of Karnataka Hears Writ Petitions Challenging Karnataka On-Demand Transportation Technology Aggregators Rules, 2016. Petitioners Allege Rules Are Ultra Vires Motor Vehicles Act, 1988 and Violate Fundamental Rights.

The writ petitions arose from the notification of the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016, by the State Government o...

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KAHC010069912016_1

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Supreme Court Interprets Applicability of Written Statement Time Limit to Counter-Claim in Commercial Suits. The Court Examined Whether the 120-Day Limit Under Order VIII Rule 1 CPC Applies to Plaintiffs' Reply to Counter-Claims Governed by the Commercial Courts Act, 2015.

This matter arose from a commercial suit for recovery of money filed by the appellants (plaintiffs) against the respondents (defendants). The defendan...

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Bombay High Court Disposes of Writ Petitions Challenging Section 140(3)(iv) of CGST Act on Transitional Credit for Pre-GST Stock. Petitioners Argue Arbitrary Cut-Off Date Leads to Double Taxation and Discrimination.

A group of manufacturers and traders, including JCB India Limited, manufacturers of excavators and loaders, filed writ petitions before the Bombay Hig...

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Bombay High Court Hears Appeal on Section 9A CPC Issue Concerning Land Rights. Court Considers Whether Trial Court Must Decide Jurisdiction Application Before Interim Relief in Suit Involving Salsette Act and Land Revenue Code.

The appeals from order were heard finally at admission stage on a preliminary issue raised by the appellant under Section 9A of the Code of Civil Proc...

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Bombay High Court Considers Appeal by Nagar Parishad Against Injunction Order in Property Title Suit. Dispute Involves Ownership Claim of Cotton Market Dharamshala Trust Over Land in Katol, Nagpur District, and Public Purpose Allocation by Collector.

The matter concerns an appeal against the order dated 30th April, 2019 passed by the Joint Civil Judge, Junior Division, Nagpur in Special Civil Suit ...