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Bombay High Court Dismisses Second Appeal in Suit for Specific Performance — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert Under Section 68 of Evidence Act, 1872.

The case involves a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...

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Bombay High Court Dismisses Application to Reject Election Petition Under Order VII Rule 11 CPC. Court Finds Petition Discloses Cause of Action and Material Facts for Corrupt Practices Allegations Under Representation of People Act, 1951.

The proceeding arose from an election petition filed under the Representation of People Act, 1951, challenging the election of the returned candidate ...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Bombay High Court Upholds Termination of Probationary District Judge for Unsatisfactory Performance. Termination under Rule 13(4)(ii)(b) of Maharashtra Judicial Service Rules, 2008 is valid and not stigmatic.

The petitioner, Smt. Smita Rajendra Kadu, was appointed as a District Judge (direct recruitment) under the Maharashtra Judicial Service Rules, 2008. S...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Admits Appeal Against Rejection of Interim Injunction in Suit Challenging Cancellation of Lease by Nagpur Improvement Trust — Dharmashala Allotment Dispute under Nagpur Improvement Trust Act, 1936

The appeal arose from the rejection of a temporary injunction application by the trial court in a suit filed by a charitable trust against the Nagpur ...