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Karnataka High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court holds that no substantial question of law arises when both lower courts have concurrently found that the plaintiffs failed to prove title and possession.

The appellants, who were the plaintiffs in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challengin...

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High Court of Gujarat Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Does Not Confer Ownership; Plaintiff Failed to Prove Payment of Consideration and Possession.

The appellant, original plaintiff, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

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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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Madras High Court Allows Appeal in Specific Performance Suit — Time Was Essence of Contract Despite Absence of Express Stipulation. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract Within Reasonable Time.

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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Bombay High Court Dismisses Contempt Petition Against Municipal Corporation for Non-Compliance of Land Acquisition Order. Conditional Order Does Not Amount to Willful Disobedience Under Contempt of Courts Act, 1971.

The petitioner, M/s. Chinchwad Devasthan Trust, a public religious trust, owned land admeasuring about 1,05,400 sq.m at Bhosari within the jurisdictio...

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Bombay High Court Recalls Ex Parte Decree Due to Non-Compliance with Service Rules. Service of Summons Not in Accordance with Bombay High Court (Original Side) Rules, Leading to Recall of Decree Under Order IX Rule 13 CPC.

The case involves a Notice of Motion filed by Defendants Nos. 2 to 4 under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to recall an ex...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...