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Supreme Court Partly Allows Appeal in Specific Performance Suit – High Court’s Order Setting Aside Ex-Parte Decree Without Proper Jurisdiction Held Unsustainable

Revisional Jurisdiction – Delay Condonation – Restoration of Suit – Independent Legal Remedies The Court held that the remedies of condoning th...

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Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judici...

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Reservation Lapse Under MRTP Act: Supreme Court Declares Land Free After 33 Years of Inaction. Supreme Court Invokes Article 142 to Do Complete Justice in Land Reservation Case

The Supreme Court held that the reservation of the land had lapsed under both Section 49(7) and Section 127 of the MRTP Act due to the failure of the ...

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Supreme Court Dismissed Appeal on Stamp Duty Liability in Agreement to Sell – Reiterated Possession Clause Governs Duty Implication

Stamp Duty – Bombay Stamp Act, 1958 – Agreement to Sell Deemed as Conveyance When Possession Delivered – Courts Impounded Document for Recovery ...

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Adoption Does Not Divest Rights in Self-Acquired Property: Bombay High Court Upholds First Appellate Court’s Decision. Court Rules Adoption Does Not Affect Title Over Property Purchased Independently – Legal Effect of Adoption Deed Examined

Adoption and Property Rights: The Bombay High Court held that adoption does not divest an individual of rights over self-acquired property. The proper...

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Bombay High Court Quashed Trial Court’s Order Denying Amendment of Plea in Suit for Pre-emption Rights. Court Held That the Amendment Was Merely Clarificatory and Did Not Change the Nature of the Suit

Constitution of India (COI) – Article 227 – Power of Superintendence of High Court – Court held that interference under Article 227 is justified...

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"Supreme Court Upholds Restoration of Suit for Specific Performance Despite Initial Procedural Dismissal: Cause of Action Distinction Under Order II Rule 2 CPC Clarified" "Procedural bars must yield to substantive justice when causes of action in separate suits are distinct."

1. Delay Condonation and Leave Granted The Supreme Court condoned the delay in filing the Special Leave Petitions (SLPs) and granted leave to appea...

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Interpretation of Section 63(c) of the Indian Succession Act, 1925 – Whether attestation requires explicit direction from the testator.

Constitution of India, 1950 – Civil Procedure Code, 1908 – Indian Succession Act, 1925 – Interpretation of Statutes – Execution and Attestatio...

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Restoration of Appeal Allowed: Compromise Non-compliance Entitles Statutory Remedy. Failure to honor compromise terms allows restoration of appeal under the Code of Civil Procedure.

The Supreme Court held that in cases of non-compliance with compromise terms, a party has the statutory right to seek restoration of an appeal. The Hi...