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Madras High Court Hears Appeal Against Specific Performance Decree in Suit Involving Agreement of Sale. Trial Court's Grant of Relief Challenged on Grounds of Unregistered Agreement and Alleged Lack of Possession by Plaintiff.

The appeal arose from a decree for specific performance granted by the trial court in O.S.No.473/2006. The plaintiff, V.Gurusamy, filed the suit claim...

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Bombay High Court Quashes Orders Denying Refund of Stamp Duty on Cancelled Sale Agreement. Recital of Possession in Agreement Not Conclusive When Only 15% Consideration Paid; Refund Admissible Under Section 48 of Maharashtra Stamps Act, 1958.

The dispute arose from an agreement for sale dated 19 March 2020, by which the petitioners agreed to purchase a flat in Karad, Satara for a total cons...

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High Court of Judicature at Bombay, Nagpur Bench Hears Second Appeals Challenging Public Auction Order in Partition Suit. Court Frames Substantial Questions on Validity of Sale Before Final Decree Under Order 21 CPC and Section 2 of Partition Act, 1893.

The litigation arose from a suit for partition, Special Civil Suit No.29/1996, filed by Anantrai Ramashankar Upadhyay, which was decreed on 13 October...

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mo...

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Bombay High Court Upholds Tax Liability on Sale of Discarded Materials by BEST Undertaking Under Bombay Sales Tax Act, 1959. Court holds that sale of scrap from non-dealer activity is taxable under section 22(5A) and that appeal under section 55(6)(c) is maintainable only on questions of law.

The case involves two references under Section 61 of the Bombay Sales Tax Act, 1959, arising from a common order of the Maharashtra Sales Tax Tribunal...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...