Search Results for "Article 368"

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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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Madras High Court Dismisses Writ Petition Seeking Alternative Free House Site on Kalam Poramboke Land. Land Classified as Water Catchment Area Cannot Be Assigned for Residential Purpose.

The petitioner, Kalimuthu, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, see...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaint Rejection Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that only plaint averments are relevant for rejection and limitation is a mixed question of fact.

The appellant, as plaintiff, filed a suit for specific performance of an agreement of sale dated 26.11.1984 executed by A. Gundappa in respect of four...

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Bombay High Court Dismisses Appeals in Property Dispute Involving Will and Gift Deed Validity. Court upholds trial court's finding that the gift deed was not vitiated by undue influence and that the will was validly executed.

The case involves two appeals filed by Nina Agarwalla against Ashok Gupta and others. The dispute pertains to the validity of a gift deed and a will e...