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Possession Relief in Specific Performance Decree: Supreme Court Clarifies Law. Even without an express relief for possession in a specific performance decree, the court can enforce possession rights under the Specific Relief Act and Transfer of Property Act.

The Supreme Court upheld the High Court’s order that directed the executing court to hand over possession to the decree-holder, even though the decr...

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Dispute Over Flats Ownership and Specific Performance. High Court Resolves Complex Real Estate Ownership and Contractual Dispute.

1. Background Disputes arose regarding ownership and specific performance of agreements for Flats Nos. 901, 902, 1001, and 1002 in Mangal Kunj, "B"...

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Supreme Court Sets Aside Specific Performance in a Property Dispute. Equitable relief denied due to buyer's conduct and financial incapacity.

The Supreme Court of India,  overturned the High Court's decree for specific performance. The Court restored the Trial Court's decision dismissing t...

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"High Court Mandates Enhanced Verification Mechanisms to Prevent Real Estate Fraud" "Ensuring Transparency and Accountability in Real Estate Registrations"

The Court emphasized the necessity of a robust framework to ensure transparency and prevent fraudulent practices in the real estate sector. It directe...

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Analyzing Rights and Liabilities in Auction Sales of Attached Properties under the MPID Act.

The High Court of Bombay dismissed a writ petition filed by Lemon Seeds Hospitality Pvt. Ltd., which sought the cancellation of an auction sale of att...

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Demand for Tax Dues Prior to Acquisition Quashed Under IBC Provisions. Bombay High Court rules that tax dues from before the acquisition of a company under the Insolvency and Bankruptcy Code (IBC) cannot be recovered from the buyer of the assets during liquidation proceedings.

The petitioner, sought to quash demand notices issued by the Gram Panchayat, Gowari, seeking recovery of outstanding tax dues pertaining to the period...

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"High Court of Bombay Dismisses Amendment Application in SR Enterprises vs. Gurbachan Kaur Jattinder Singh Chadha Case" "Amendment seeking to challenge Deed of Conveyance and implead new party rejected; Liberty granted to file fresh application on limited facts."

The Bombay High Court, through Justice Arif S. Doctor, dismissed an Interim Application (IA) by the Plaintiff, SR Enterprises. The IA sought to amend ...

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Appeal Allowed: Judgment Restored by Apex Court on Use of Common Passage in Property Dispute. The Supreme Court overturns the first appellate court’s decision, restoring the trial court’s judgment in a long-standing property dispute involving access to a common passage between two properties.

The right to access and use a common passage between two properties (A & B) on Rajpur Road, Civil Lines, Delhi, the plaintiff-respondents, represe...

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Consumer Disputes Commission Order Challenged: Court Increases Interest on Refund for Delayed Flat Possession. Appeal Results in Enhanced Interest Rate from 9% to 12% for Complainants Against Parsvnath Developers Limited

This appeal challenges the order dated 29th September 2022, passed by the National Consumer Disputes Redressal Commission, New Delhi, which directed t...

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"Partition Dispute Over Joint Property: Supreme Court Delivers Final Verdict" Tagline "High Court's Decision on Liability for Rents and Mesne Profits Upheld; Equitable Distribution and Legal Constraints on Partition Discussed"

This case concerns a suit for partition involving a property jointly owned by multiple parties, including the original plaintiff, subsequent buyers, a...