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Supreme Court Allows Appeal Against Execution of Arbitration Award as Specific Performance of Agreement for Sale. Arbitration Award Only Fixed Land Price; Executing Court Could Not Direct Sale Deed Execution Beyond Award's Scope.

The Supreme Court allowed the appeal filed by Firm Rajasthan Udyog and its partners against Hindustan Engineering & Industries Ltd. The dispute origin...

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Supreme Court Dismisses Special Leave Petition in Specific Performance Suit — Limitation and Court Fee Defect Not Curable Under Section 149 CPC. Agreement Holder's Suit for Mandatory Injunction Filed Beyond Limitation Cannot Be Converted into Suit for Specific Performance by Paying Deficit Court Fee.

The dispute arose from an agreement for sale of immovable property dated 12.10.1994, where the respondent agreed to sell land and factory premises to ...

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Bombay High Court Directs Police to Register FIR in Property Dispute Between Siblings. Court Holds That Police Must Register FIR Under Section 154 CrPC Upon Receipt of Complaint Disclosing Cognizable Offences Under Sections 448, 451, 453, 506, 380 and 193 r/w Section 34 IPC.

The petitioner, Smt. Arti Sharma, filed a criminal writ petition before the Bombay High Court at Nagpur seeking a direction to the police authorities ...

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Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio.

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Stay Suit Under Section 10 CPC. Court Held That Section 10 CPC Does Not Apply When Parties Are Not Same in Both Suits and Subject Matter Is Not Directly and Substantially in Issue.

The petitioner, original plaintiff, filed Regular Civil Suit No.19 of 2009 seeking a declaration that a sale deed dated 31/10/2008 was obtained by fra...