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High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

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High Court of Karnataka Allows Appeal in Property Dispute Between Brothers — Sets Aside Trial Court Decree for Declaration and Possession. Suit for Declaration of Title and Possession Dismissed as Plaintiff Failed to Prove Ownership and Adverse Possession Against Co-Owner Brother.

The appeal arises from a judgment and decree dated 07.11.2007 in O.S.No.3163/1990 passed by the XV Addl. City Civil and Sessions Judge, Bangalore, dec...

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Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence and Recovery of Articles. Accused's Guilt Established Through Motive, Last Seen, and Recovery of Stolen Property Under Section 302 IPC.

The appellant, a labourer working at the farmhouse of Mr. Jose Kafan (deceased), was convicted by the High Court of Karnataka for the murder of the de...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

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Bombay High Court Acquits Seven Appellants in Murder Case Due to Unlawful Assembly and Common Objection Not Proved Beyond Reasonable Doubt. Conviction under Section 302 IPC read with Section 149 IPC set aside as evidence failed to establish membership of unlawful assembly or common object to commit murder.

The case involves seven appeals filed by Ganpat Bapu Salunkhe, Shahaji Vasant Patil, Vinodsingh Shamsingh Rawat, Chandrakant Dhodiba Tikone, Appa Suba...

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Bombay High Court Allows Writ Petition Challenging Refusal to Register Conveyance Deed Between Builder and Cooperative Housing Society. Registering Authority Cannot Refuse Registration on Grounds Outside Indian Registration Act, 1908.

The petitioner, Chairman/Secretary of Deep Apartment CHS Ltd., filed a writ petition challenging the orders of the Registering Authority and the Appel...

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Bombay High Court Grants Specific Performance of Agreement to Sell Property Based on Consent Terms. Consent decrees passed against defendant heirs who stepped into shoes of original defendants, confirming plaintiff's right to specific performance of suit agreement.

The plaintiff, Virsen Balwantsingh Solanki, instituted Suit No. 1808 of 1981 in the Bombay High Court for specific performance of an agreement dated 2...

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Supreme Court Hears Appeal Against High Court's Reversal of First Appellate Court's Decree for Specific Performance of Agreement for Sale. High Court Had Directed Refund of Earnest Money Instead of Specific Performance, Holding That Appellant Failed to Prove Readiness and Willingness.

The litigation arose from an agreement for sale dated 08.01.2010, whereby the defendants agreed to sell two items of immovable property to the appella...