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Madras High Court Dismisses Appeal for Specific Performance, Upholds Counterclaim for Possession. Plaintiffs failed to prove readiness and willingness to perform sale agreement within reasonable time under Specific Relief Act, 1963.

The appellants, B.Kannan and K.Tamijarassy, were the plaintiffs in a suit for specific performance of an agreement of sale dated 12.07.2006, filed aga...

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"Deputy Commissioner Cannot Exceed Revisional Jurisdiction Under Karnataka Municipalities Act – Karnataka High Court Quashes Building Licence and Khata Cancellation Orders for Violation of Natural Justice"

The petitioner challenged the orders dated 27.11.2013 and 02.08.2017 whereby the building licence granted in respect of the subject property was cance...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

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Bombay High Court Upholds Constitutional Validity of Sections 14 and 17 of Maharashtra Slum Act in Land Acquisition Challenge. Challenge to Acquisition Under Section 14 and Award Under Section 17 Rejected as Provisions Held Intra Vires Constitution.

The petitioners, Nenshi Monji (Bombay), a Family Trust and Others, filed a writ petition under Article 226 of the Constitution challenging the acquisi...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Suit Challenging Transfer of Flat by Executors Before Probate. The court set aside the trial court's order appointing a Receiver and remanded the matter for fresh consideration of balance of convenience.

The appeals arose from an order dated 13 March 2014 of the learned Trial Judge in a notice of motion taken out by the plaintiffs in a suit seeking to ...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Partnership Dispute — Status Quo Ordered on Firm Properties Pending Arbitration. Court records statements from parties not to alienate partnership properties, directing status quo to preserve subject matter of arbitration.

The petitioners, Taz Naval Nariman and Rukhsshana Meher Anklesaria, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation ...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — Minor's Ownership Claim Over Attached Flat Rejected for Lack of Evidence. Co-Partnership Society Flat Allotted to Judgment Debtor's Father Cannot Be Claimed by Minor Grandson Without Proof of Transfer.

The case involves execution proceedings arising from a decree passed in Summary Suit No.491 of 1999 on 18th March 2002 in favor of the Judgment Credit...