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Supreme Court Allows Appeal in Land Incorporation Dispute — Upholds High Court Single Judge's Order Directing MCD to Consider Plot Incorporation in Layout Plan. Ownership Rights of Private Purchasers Prevail Over Municipal Register Entries in Absence of Due Process.

The dispute concerns a parcel of land admeasuring 1600 sq. yards in Green Park Extension, New Delhi, originally part of a larger tract owned by Urban ...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Against LIC — Tenant Association Fails to Prove Readiness and Willingness. Agreement to Sell Not Concluded as Essential Terms Remained Unsettled and No Binding Contract Was Formed Under Section 10 of Specific Relief Act, 1963.

The appeal arose from a decree of the City Civil Court, Greater Mumbai dismissing S.C. Suit No. 8228 of 1984, which was a suit for specific performanc...

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Madras High Court Allows Appeal in Specific Performance Suit — Time Not Essence of Contract but Plaintiff Must Prove Readiness and Willingness. Failure to Deposit Balance Amount and File Suit Within Limitation Period Bars Relief Under Section 16(c) of Specific Relief Act, 1963.

The appellant/defendant Sebastian filed an appeal against the judgment and decree dated January 3, 2017 passed by the Principal District Court, Thiruv...

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High Court of Karnataka Dismisses Appeals in Partition Suit — Confirms Trial Court's Decree for Partition and Separate Possession. Daughters Granted Equal Share in Joint Family Property Under Hindu Succession Act, 1956.

The case involves a partition suit filed by the plaintiffs, who are the sons and daughters of Mahalingappa Wali, seeking a share in the joint family p...

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Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

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FIRST APPEAL NO.316 OF 2015

The litigation arose from a civil suit (RCS No.3/2004) filed by Kopargaon Sahakari Sakhar Karkhana Limited against 7 Star Distilleries and Royal Drink...

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High Court of Karnataka Allows Regular First Appeal, Dismisses Suit for Cancellation of Partition Deed Due to Failure to Prove Duress. Power of Attorney Holder Cannot Testify on Party's State of Mind; Adverse Inference Drawn Against Plaintiff for Non-Examination.

The litigation arose out of a suit filed by the father against his daughter-in-law seeking cancellation of a partition deed and perpetual injunction. ...

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Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...

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Madras High Court Dismisses Second Appeal in Injunction Suit — Plaintiff Fails to Prove Possession Over Suit Property. Court holds that in a suit for permanent injunction, the plaintiff must prove his possession on the date of filing and cannot rely on the weakness of the defendants' case.

The plaintiff, Rajaraman, filed a suit for permanent injunction against the defendants, Ravi and Sekar, claiming possession of a nanja land (suit prop...

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Bombay High Court Dismisses Petition Challenging No Confidence Motion Against Sarpanch Under Maharashtra Village Panchayats Act. Court Holds That Removal of Sarpanch by No Confidence Motion Does Not Require Prior Notice or Opportunity of Hearing Under Section 55(2A) of the Act.

The petitioner, Bharat Vitthal Shete, was the Sarpanch of Grampanchayat Pimpalgaon Khand. A no confidence motion was moved against him by respondent N...