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Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

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Bombay High Court Dismisses Appeal in Property Ownership Dispute — Fails to Prove Sole Ownership and Adverse Possession. Court upholds trial court's finding that appellant failed to establish exclusive title and that suit was barred by limitation under Article 65 of Limitation Act, 1963.

The case involves a property dispute between the appellant, Namdeo Gangaram Mandalkar (since deceased, represented by his heirs), and the respondent, ...

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High Court of Karnataka Dismisses Petitioner's Challenge to Land Acquisition for Industrial Development Due to Delay and Laches. Challenge to Notifications Issued in 2005 Filed in 2019 Held Not Maintainable.

The petitioner, Sri B R Srinivas, filed writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at B...

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Bombay High Court Allows Section 28-A Application for Enhanced Compensation Based on High Court's Appellate Award Under Land Acquisition Act, 1894. Land owners covered by same notification can seek parity under Section 28-A even if reference court refused enhancement.

The petitioners, legal heirs of original land owners Shankarrao Pandoji Shendge and Bhagwan Pandoji Shendge, owned agricultural land in Mouza Ansing, ...

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High Court of Karnataka Reduces Compensation in Land Acquisition Appeal — State Partly Successful. Court holds that Reference Court's reliance on non-comparable exemplar sale deeds was erroneous, reducing market value from Rs.3,00,000/- to Rs.2,25,000/- per acre under Land Acquisition Act, 1894.

The State of Karnataka and other appellants filed an appeal under Section 54(1) of the Land Acquisition Act, 1894 against the Judgment and Award dated...

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Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...

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Supreme Court Upholds Assessment of Profit from Land Transaction as Adventure in Nature of Trade. Single Transaction of Purchase and Subdivision of Estate into Plots with Resale Held to Constitute Business Profit Under Section 34(1)(a) of Income-tax Act, 1922.

The assessee, P. M. Mohammad Meerakhan, entered into an agreement on 15th August 1955 to purchase 477.71 acres of land called Kuttikal Estate for Rs. ...

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Bombay High Court Allows Amendment in Suit for Specific Performance and Injunction — Delay Condoned Due to Sufficient Cause. Amendment sought to incorporate subsequent events and additional reliefs held necessary for complete adjudication of dispute.

The present application was filed by the applicants/plaintiffs, Meteor Estates Pvt. Ltd. and Romesh Satyanarayan Sharma, seeking amendment of the plai...