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Supreme Court Allows U.P. Awas Evam Vikas Parishad's Appeal in Land Acquisition Case — Government's Withdrawal from Acquisition Set Aside Due to Possession and Award. Possession Taken and Award Passed Preclude Withdrawal Under Section 48 of Land Acquisition Act, 1894.

The Supreme Court allowed the appeals filed by U.P. Awas Evam Vikas Parishad against the judgment of the Allahabad High Court which had set aside the ...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Frustrated by Non-Approval of Layout Plan. Court holds that time was not of the essence and that the purchaser was ready and willing to perform.

The appellant, M/s. Bagadia Builders & Developers, a proprietary concern through its proprietor Shravankumar Purushottam Bagadia, entered into an agre...

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Supreme Court Upholds Plaintiff's Right to Possession Based on Prior Possession Against Trespasser in Property Dispute. Plaintiff's Failure to Prove Title Does Not Bar Ejectment Suit Against Wrongdoer When Prior Possession Established, Even If Not Filed Under Section 9 of Specific Relief Act, 1877.

This appeal arose from a suit for possession of a piece of land measuring 2856 sq. yards in Himayatnagar, Hyderabad. The plaintiff, Dr. S.P. Raju, cla...

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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Lack of Liability Proof. Complainant failed to establish legally enforceable debt as accused was not the drawer of the cheque under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal revision application filed by Kisan R. Gate, the Power of Attorney holder of Vaishali Sanjay Jaiswal, challenging the acq...

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Bombay High Court Considers Chamber Summons to Set Aside Abatement of Arbitration Petition and Condonation of Delay. Application Filed Under Order 22 Rule 9 of Code of Civil Procedure, 1908 to Bring Legal Representatives of Deceased Parties on Record.

The Chamber Summons was filed under Order 22 Rule 9 of the Code of Civil Procedure, 1908, seeking to set aside the abatement of Arbitration Petition N...

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Bombay High Court Allows Writ Petition Challenging Appellate Court's Order Granting Injunction in Property Dispute — Held That Trial Court's Refusal of Injunction Was Correct as Plaintiff Failed to Establish Prima Facie Case of Ownership Over Disputed D.P. Road Area.

The present writ petition was filed by the defendants (petitioners) challenging the judgment and order dated 28.09.2022 passed by the learned District...

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High Court of Bombay Considers Appeals Against Company Law Board Order Directing Buyout of Majority Stake in Wind Energy Company. The majority shareholder challenged the finding of oppression and the forced sale of shares to minority shareholders under sections 397, 402 and 403 of the Companies Act, 1956.

The proceedings arose from disputes between the shareholders of Enercon (India) Limited, now known as Wind World (India) Limited, a company engaged in...

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Bombay High Court Dismisses Petition Challenging Concurrent Orders in Suit Under Section 33 of Maharashtra Rent Control Act, 1999 — Petitioner Failed to Show Any Error in Findings of Courts Below.

The petitioner, M/s Columbia Hospital & Research Centre Pvt. Ltd., was the original defendant No.9 in a suit filed by respondent No.1, M/s Maharashtra...

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Gujarat High Court Allows Appeal in Recovery Suit, Sets Aside Dismissal for Non-Prosecution. The Court restored Civil Suit No. 2037 of 1998 to the file of the City Civil Court, Ahmedabad, holding that the dismissal for default was not justified given the long pendency of the suit.

The appellant, Abhishek Finlease Ltd., filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree...