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Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

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High Court of Bombay at Goa Quashes FIR Against BSNL Officers in SC/ST Act Case — No Intent to Humiliate or Insult Complainant. Adverse remarks made by superior officers in official capacity do not attract Section 3(1)(ix) of SC & ST (Prevention of Atrocities) Act, 1989 or Section 167 IPC.

The judgment concerns two criminal writ petitions filed by officers of Bharat Sanchar Nigam Limited (BSNL) seeking quashing of FIR No. 98/2017 registe...

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Bombay High Court Allows Second Appeal in Injunction Suit Involving Lis Pendens Transfer. Transfer of Suit Property During Pendency of Appeal Attracts Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882.

The respondent filed a suit for injunction against Mohd.Osman, which was decreed on 1.4.2006. Mohd.Osman appealed on 15.4.2006. During the pendency of...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Damages. Defendant's Possession Not Protected Under Section 53A of Transfer of Property Act, 1882 Due to Breach of Contract and Non-Performance.

The case involves a second appeal filed by the original plaintiff, Deorao Balaji Bhoyar (since deceased, through legal representatives), against the j...

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Bombay High Court Hears Challenge to Sales Tax Assessment on Inter-State Movement of Brahmos Missiles for Job Work. The Court Examines Whether Transfer of Goods for Warhead Integration Constitutes Inter-State Sale Under Central Sales Tax Act, 1956.

The judgment, though incomplete in its provided excerpt, deals with a writ petition filed by BrahMos Aerospace Private Limited, a joint venture betwee...

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High Court of Karnataka Considers Complainant's Petition to Set Aside Evidence and Transfer Trial in Cheating Case. Earlier Evidence Recorded with Translator Who Was a Witness Nullified by Prior High Court Order, Fresh Evidence Recorded in Compliance.

The petitioner-complainant filed a complaint on 18.3.2010 alleging illicit relationship and intimidation against the accused, leading to filing of cha...

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Bombay High Court Dismisses Suit for Specific Performance of Property Sale Agreement Due to Plaintiffs' Default and Unauthorized Payments. Plaintiffs Failed to Pay Balance Consideration Within Stipulated 10-Month Period and Dealt with Sole Director Contrary to Board Resolution Requiring Joint Action.

The suit was filed by the plaintiffs, Pankaj Anantrai Bhuwa & others, against the defendant, M/s. Ramkumar Shivchandray & Sons, seeking specific perfo...