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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Grants Injunction Against Unilateral Price Hike in Flat Purchase Agreement. The court restrained the builder from selling the flat to third parties and from increasing the price, pending suit for specific performance.

The plaintiff, Pius Varghese Pullikottil and another, filed a suit for specific performance of an agreement for the purchase of a flat against Neptune...

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High Court Dismisses Revision Application in Possession Dispute - Applicant Challenge to Decree Under Section 6 of Specific Relief Act Fails - Trial Court's Order Restoring Possession Upheld

The High Court dismissed the Civil Revision Application filed by the Applicant-Defendant challenging the Trial Court's decree in Special Civil Suit No...

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High Court of Karnataka Dismisses Second Appeal in Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for permanent injunction dismissed as plaintiff failed to prove title and possession; substantial questions of law not made out.

The appellant, Smt. Sathyamma, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 3.1...

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Supreme Court Allows Defendant’s Appeal and Dismisses Plaintiff’s Appeal in Specific Performance Suit. Oral Agreement to Reconvey Property Not Proved; Decree Based on Defendant’s Written Statement Admission Set Aside Due to Non-Acceptance by Plaintiff.

The dispute arose from a suit for specific performance of an oral agreement to reconvey property. The plaintiff, originally the owner of the suit prop...

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Bombay High Court Allows Appeal in Copyright Infringement Case, Restrains Defendants from Selling Allegedly Copied Books. Court finds prima facie case of substantial copying of plaintiff's literary works on Indian Economy and Polity by former students.

The appellant, Ranjan Vasudeo Kolambe, filed a Commercial Appeal From Order under Section 13 of the Commercial Courts Act, 2015, challenging the judgm...

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Bombay High Court Allows Petition Challenging Striking Out of Defence in Suit for Specific Performance. Defence of Defendant No.2 Restored as Trial Court's Discretion to Strike Out Defence Under Order 39 Rule 2A CPC Requires Willful Disobedience of Injunction Order.

The Petitioner, Sanjay Thakkar, was Defendant No.2 in Special Civil Suit No.144 of 2016 filed by Respondent No.1, Bhojja Shantu Shetty, for enforcemen...