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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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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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Bombay High Court Allows Writ Petition Seeking Fresh Acquisition Under 2013 Act Where Land Acquisition Proceedings Lapsed Due to Non-Payment of Compensation. Land Acquisition Proceedings Under 1894 Act Deemed Lapsed as Award Not Declared and Possession Not Taken, Violating Article 300-A Right to Property.

The petitioner, Roshan Shrikant Tandel, filed a writ petition before the Bombay High Court challenging the acquisition proceedings concerning his land...

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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Bombay High Court Decides Challenge to SRA Order Approving Termination of Development Agreement and Appointment of New Developer. The Court examined the legality of the order under Section 13 of the Maharashtra Slum Areas Act, 1971, and the requirement of fair hearing.

The petitioner, Shivkupa Builders & Developers, a partnership firm, filed a writ petition challenging the order dated 14 October 2009 passed by the Ch...

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Supreme Court Dismisses Appeal in Specific Performance Suit Upholding High Court's Decision. Dispute Involved Agreement of Sale with Issues of Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Limitation Under Article 54 of Limitation Act, 1963.

The appeal arose from a dispute over a registered Agreement of Sale dated 22.11.1990, where appellants 1, 2, and 3 agreed to sell property to responde...