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Supreme Court Allows Appeal Against Recovery Notice and Building Permission Cancellation in Stamp Duty Deficiency Case. Subsequent Purchaser Held Liable for Penalty but Recovery Premature as Cheques Accepted by Collector.

The appeal arose from a judgment of the Madhya Pradesh High Court dismissing a writ petition filed by M/s. MSD Real Estate LLP challenging notices dat...

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Bombay High Court Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant, Bhausaheb R. Sanap, was defendant No.5 in Regular Civil Suit No.81 of 2000 filed by respondent Nos.1 and 2 (Ratnabai and Satyabhamabai)...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster.

The case involves a family dispute over property among siblings. The appellants, who are co-owners of the suit property, filed a suit for partition an...

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Gujarat High Court Allows Petition Challenging Refusal to Certify Mutation Entry in Favour of Legal Heirs. Revenue Authorities Cannot Refuse Certification Based on Title Dispute; Mutation Entry Does Not Confer Title.

The petitioners, Dadbhai Amrubhai Varu and others, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat...

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Bombay High Court Dismisses Revision Against Refusal to Review Execution Order in Specific Performance Decree. Decree Holder's Failure to Deposit Balance Consideration Within Reasonable Time Leads to Satisfaction of Decree by Payment of Earnest Money.

The case involves a Civil Revision Application challenging an order of the executing court refusing to review its earlier order by which execution pro...