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Gujarat High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings of Fact. Appellate Court's Reversal of Trial Court's Decree Set Aside Due to Lack of Substantial Question of Law Under Section 100 CPC.

The appellant, Manilal Ratnabhai Solanki, was the unsuccessful plaintiff in a suit for declaration of title and possession of suit land. He filed Regu...

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KAHC010521472015_1

The plaintiff, a company registered under the Companies Act, 1956, engaged in developing resorts and health clubs, entered into an agreement to purcha...

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Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits.

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order ...

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Bombay High Court Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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Bombay High Court Upholds Specific Performance Decree Based on Oral Agreement — Concurrent Findings of Fact Not Interfered With in Second Appeal. Oral Agreement for Sale of Immovable Property Proved by Evidence; Written Document Dated 31.12.1973 Did Not Supersede Earlier Oral Agreement.

The case involves a second appeal filed by the defendants challenging concurrent judgments and decrees passed for specific performance of an agreement...

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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...