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Bombay High Court Dismisses Petition Challenging Rejection of Rescission Application in Execution Proceedings for Specific Performance Decree. Legal representatives of judgment debtor failed to demonstrate grounds for rescission of agreement of sale under Order 21 Rule 35 of CPC, 1908.

The petitioners, legal representatives of late Daulatrao Nitnaware, filed a writ petition challenging an order dated 25.11.2025 passed by the learned ...

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Supreme Court Allows Appeal in Arbitration Dispute Over Fermentation Plant Performance Guarantee. Court Restores Arbitral Award for Rs.68.15 Lakhs as Damages for Non-Performing Machinery, Holding That Such Claim Is Separate from Liquidated Damages and Not Barred by Section 74 of the Contract Act.

The dispute arose from an agreement dated 17th November 1992 between Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. (appellant) and Th...

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Bombay High Court Dismisses HPCL's Revision Against Eviction Decree in Lease Renewal Dispute. HPCL's Claim of Statutory Right to Renew Lease Under Section 7(3) of Caltex Act Rejected as Lease Was Not Renewed Before Expiry of Original Term.

The case involves a dispute between Hindustan Petroleum Corporation Limited (HPCL), the revision applicant, and the legal heirs of Mansukhlal Doshi, t...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...

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High Court of Karnataka Allows Judgment-Debtor's Petition Seeking Rescission of Contract Under Section 28 of Specific Relief Act — Decree-Holder's Failure to Deposit Balance Consideration Within Stipulated Time Gives Right to Rescission, Subsequent Deposit Does Not Extinguish That Right.

The petitioner, T.L. Rajagopal, was the defendant/judgment-debtor in a suit for specific performance of an agreement of sale dated 16.08.1997 filed by...

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Bombay High Court Allows Tenant's Appeal in Eviction Suit — Lease Deed Interpretation and Rent Arrears Calculation. Landlord's Unilateral Adjustment of Security Deposit Held Invalid; Notice of Demand Under Section 12(2) of Bombay Rent Act Not Proven.

The appellant, Chandiram Dariyanumal Ahuja, was a tenant of a shop block owned by the respondent, Akola Zilla Shram Wahtuk Sahakari Sanstha, under a l...