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Gujarat High Court Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Limitation Period Runs from Date of Knowledge of Breach. Agreement to Sell Executed in 2014, Suit Filed in 2024 Held Not Ex-Facie Time-Barred as Plaintiff Discovered Sale to Third Parties Only on 17.01.2024.

The appellant-plaintiff filed a suit for specific performance of an agreement to sell dated 03.05.2014 for land bearing Survey No.914/2/3 at Mouje Vat...

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Bombay High Court Allows Impleadment and Sets Aside Ex-Parte Order in Service Charges Dispute. Applicant Company Held to be Necessary Party as Successor-in-Interest of Defendant Firm Under Order 1 Rule 10 CPC.

The petitioners, Tarun Keshrichand Shah and Priyalata Keshrichand Shah, filed a suit (Suit No. 6117 of 2007) against M/s. Kishore Engineering Co. (res...

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Supreme Court Allows Appeal Against Order for Further Investigation After Discharge of Accused. Magistrate Becomes Functus Officio After Discharge and Cannot Order Further Investigation Under Section 173(8) CrPC.

The appellant, Bikash Ranjan Rout, was the original accused in FIR No. 426/2007 registered at Police Station Janakpuri, Delhi for offences under Secti...

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Bombay High Court Hears Challenge to Section 14 Order and Auction Under SARFAESI Act, 2002; Petitioner Alleges Violation of Natural Justice. The Court Examines Maintainability of Writ Petition Given Available Alternate Remedy Under Section 17.

The petitioner, a sole proprietor of a knitwear unit, had availed term loan and cash credit facilities aggregating Rs. 4.55 crores from respondent no....

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Bombay High Court Allows Appeal in Motor Accident Claim — Pillion Rider Covered Under Section 163-A of Motor Vehicles Act, 1988. Held that the expression 'any person' in Section 163-A includes a pillion rider and that the petition is maintainable even in a hit-and-run case.

The appellant, Lalita wd/o Rajkumar Sawalkar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, which was later converted to a...

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High Court of Karnataka Allows Assessee's Appeal in Sales Tax Case — Revisional Order Set Aside for Violation of Natural Justice. Penalty under Section 8(3)(b) of CST Act, 1956 Quashed as Assessee Was Not Given Opportunity to Cross-Examine Driver of Vehicle.

The appellant, M/S Apotex Research Private Limited, an assessee under the Karnataka Value Added Tax Act, 2003, filed a Sales Tax Appeal under Section ...

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Bombay High Court Dismisses Writ Petition Challenging Inquiry Under MCS Act — Inquiry Valid Despite Non-Compliance with Section 83 Notice Requirements. Court holds that Section 84 inquiry can be initiated without prior notice under Section 83 when there is a prima facie case of mismanagement.

The petitioner, Jayprakash Sahakari Griha Rachana Sanstha Mrt., a society registered under the Maharashtra Co-operative Societies Act, 1960 (MCS Act),...