Search Results for "Section 57(3)"

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Supreme Court Upholds Decree for Specific Performance in Agreement to Sell Dispute Involving Agricultural Land. Court Applies Doctrine of Lis Pendens to Transfers Made During Litigation and Affirms Plaintiff's Readiness and Willingness Based on Documentary Evidence.

The appeal arose from a suit for specific performance of an agreement to sell dated 18.07.1988, where the plaintiff agreed to purchase agricultural la...

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High Court of Bombay at Goa Grants Bail to Accused in POCSO Case Due to Unexplained Delay in FIR and Lack of Prima Facie Evidence. The court held that the presumption under Section 29 of the POCSO Act does not automatically bar bail if the prosecution fails to establish a prima facie case.

The appellant, Seftin Raza Kosambi, was arrested in connection with an alleged sexual assault on a minor victim under the Protection of Children from ...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Minor Daughter from Maternal Relatives. Court holds that welfare of the child is paramount and father's petition is not maintainable as child is not in illegal detention.

The petitioner, Shekhar Jagdish Prasad Tewari, filed a writ of habeas corpus before the Bombay High Court seeking production and custody of his minor ...

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Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

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Bombay High Court Allows Father's Appeal for Custody of Minor Children in Guardianship Dispute. Welfare of Minor Children is Paramount Consideration Under Section 7 of Guardian and Wards Act, 1890.

The case involves two appeals filed by the husband/father against a common order dated 7/8/1999 passed by the III Additional District Judge, Thane, in...