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Supreme Court Refers Key Questions on MSMED Act to Larger Bench. Balancing statutory remedies with writ jurisdiction: Supreme Court deliberates over MSMED Act provisions and alternative remedies.

The Supreme Court of India examines whether a writ petition under Article 226 of the Constitution is maintainable against an order passed by the Micro...

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Bombay High Court Allows Appeal Against Interim Injunction in Suit for Cancellation of Sale Deeds. Consent order in previous suit does not create estoppel against defendants in subsequent suit for different reliefs.

The respondents-plaintiffs filed Special Civil Suit No. 102/2020 seeking cancellation of registered sale deeds, perpetual injunction, and alternativel...

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Bombay High Court Allows Second Appeal in Lease Dispute Due to Improper Points for Determination and Violation of Evidence Act. Appellate Court's reliance on oral evidence despite requirement of written lease under Clause 4 of agreement dated 04/05/1977 held erroneous.

The case involves a second appeal arising from a suit for possession and mesne profits concerning a property in Mapusa, Goa. The appellants (defendant...

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Bombay High Court Upholds Detention of Defendant for Willful Disobedience of Injunction in Partition Suit — Sale of Property After Service of Injunction Order Constitutes Contempt Under Order XXXIX Rule 2-A CPC.

The case arises from a partition suit filed by respondent no.1 (original plaintiff) seeking 1/5th share in suit property claimed to be joint family pr...

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Bombay High Court Dismisses Appeal for Specific Performance of Sale Agreement Due to Failure to Prove Readiness and Willingness. Appellants failed to demonstrate financial capacity and timely performance under the Specific Relief Act, 1963.

The appellants, Hemant M. Deshmukh, Ashok Varma, and Gyanchand D. Oswal, filed a suit for specific performance of an agreement of sale dated 21/12/199...

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Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...

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Bombay High Court at Goa Dismisses Appeal Challenging Declaration of Partition Deed as Null and Void. Partition Deed Executed Without Consent of All Co-Owners and Without Legal Necessity is Void Under Transfer of Property Act, 1882 and Specific Relief Act, 1963.

The case involves a family property dispute among the heirs of Hyder Kassim Khan. The plaintiffs, including the widow and son of one of the brothers, ...

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Gujarat High Court Quashes Demolition Order in Land Dispute Case — Violation of Natural Justice and Property Rights. Order passed under Section 63 of the Gujarat Land Revenue Code, 1879 without notice or hearing set aside as arbitrary and violative of Articles 14, 19, 21, and 300A of the Constitution.

The petitioner, Harishbhai Vrajlal Bathia, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Co...