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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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High Court Allows Writ Petition Quashing Stamp Duty Order as Time-Barred and Without Jurisdiction Under Maharashtra Stamp Act, 1958 -- Development Agreement Not Deemed Conveyance Due to Subsequent Flat Purchaser Agreements

The petitioner,  filed a writ petition challenging an order dated 26 April 2014 passed by the Joint District Registrar and Collector of Stamps, P...

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Supreme Court Dismisses Appeal Against Impounding of Agreements to Sell Under Maharashtra Stamp Act — Agreements Not Part of Single Transaction, Possession Transferred, Deemed Conveyance Under Explanation I to Article 25 of Schedule I.

The appellants, Shyamsundar Radheshyam Agrawal and another, filed a suit for declaration and injunction in Special Civil Suit No.200 of 2008. During t...

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High Court of Karnataka Allows Amendment in Suit for Specific Performance to Include Alternative Relief of Refund of Advance Amount. Amendment Sought Under Order VI Rule 17 CPC and Section 22 of Specific Relief Act, 1963 Held Permissible as It Does Not Change Nature of Suit.

The petitioner, M/s. Samrudhi Groups, a registered partnership firm, filed a suit for specific performance of contract (O.S.No.281/2017) against the r...

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High Court of Karnataka Quashes FIR in Assault Case Due to Lack of Prima Facie Evidence and Civil Nature of Dispute. FIR under Sections 323, 324, 341, 427, 504, 506 IPC quashed as allegations were vague and the dispute was civil.

The petitioners, C. Ganesh Narayan and Vidya Nataraj, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section ...

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Bombay High Court Dismisses Petition for Impounding of Document in Specific Performance Suit — No Objection Raised at Time of Exhibition. Court holds that once a document is exhibited without objection, it cannot be impounded under Section 33 of the Maharashtra Stamp Act, 1958 at a later stage.

The petitioner, defendant No.4 in Special Civil Suit No.167 of 2012, filed a writ petition challenging the order dated 24.01.2019 passed by the 8th Jo...