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Plaintiff Prefers First Appeal Against Trial Court’s Partial Decree in Specific Performance Suit. Trial Court Had Denied Specific Performance Due to Public Policy and Fabricated Receipts, Granting Only Refund of Admitted Advance.

The dispute originated from a suit for specific performance of two sale agreements dated January 6, 2003, concerning 8 acres of land in Salem District...

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High Court of Madras Hears Appeal Against Trial Court's Partial Decree in Specific Performance Suit. Trial Court Dismissed Specific Performance Citing Public Policy and Fabricated Receipts, Ordered Refund of Rs.2,00,000.

The appeal arises from a suit for specific performance of two sale agreements dated January 6, 2003, one registered and one unregistered, executed by ...

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Supreme Court Dismisses Son's Suit to Stay Execution of Mortgage Decree Against Father on Joint Family Property. Son Cannot Restrain Sale Unless Mortgage Is Shown Not Binding on Him Before Sale Occurs.

The case involved a joint Hindu family consisting of a father (the manager) and his son, the appellant. The father borrowed money from the first respo...

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High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.

The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...

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Supreme Court Allows Appeal by Mortgagees in Evacuee Interest (Separation) Act Case; Rules Section 9(1) Does Not Reopen Past Interest Accounts. Interest Rate Capped at 5% Per Annum Simple from Date of Claim, Not Retrospectively, for Composite Property.

The dispute arose from a mortgage deed executed in 1928, under which the appellants were mortgagees of properties including a house, with interest at ...

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High Court of Karnataka Dismisses Ex-Husband's Petition in Execution of Maintenance Decree for Muslim Divorced Wife. Court Emphasizes Expeditious Execution of Maintenance Decrees and Lamented Two-Decade Delay.

The case involves a writ petition filed by Ezazur Rehman, the ex-husband, challenging an order on I.A.No.10 passed by the I Additional Principal Famil...