Search Results for "alienation without consideration"

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Bombay High Court Dismisses PIL Challenging Lease of Playground to Trust for School Construction. Lease of Public Land for Educational Purpose Held Valid as Playground Not Reserved as Recreational Ground in Development Plan.

The petitioners, residents of Oshiwara and Lokhandwala area of Mumbai, filed a Public Interest Litigation (PIL) on 13/08/2012 challenging the lease of...

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Gujarat High Court Allows Amendment Application in Specific Performance Suit — Trial Court's Rejection Set Aside. Amendment to Incorporate Subsequent Events and Additional Reliefs Does Not Change Nature of Suit Under Order VI Rule 17 CPC.

The petitioner, M/s Uday Autolink Pvt. Ltd., was the original plaintiff in Special Civil Suit No. 240/2016 pending before the Second Additional Senior...

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High Court Dismisses Appeal Against Rejection of Temporary Injunction in Inventory Proceedings Finding No New Facts. Court Holds Principle of Res Judicata Bars Second Injunction Application on Same Grounds Without Changed Circumstances.

The appeal arose from inventory proceedings initiated in 1945 following the death of Rosa Joaquina Luis De Souza, continued after the death of her hus...

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Bombay High Court Dismisses Revision Against Order Postponing Decision on Maintainability and Limitation to Trial. Interlocutory Order Not a 'Case Decided' Under Section 115 CPC.

The applicant, a registered public trust, was sued by the respondent for specific performance of an agreement to sell trust property and for a mandato...

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Bombay High Court Dismisses Appeal Against Probate Granted to Executors of Will — Will Proved in Manner Required by Section 63 of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872

The appeal arose from a probate proceeding concerning the Will of Purvez Burjor Dalal, a Parsi who died on 7th December 2011. The appellant, Manek Dar...

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Bombay High Court Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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Bombay High Court Dismisses Builder's Challenge to Trust's Property Sale Without Public Advertisement. Permission Granted Under Section 36 of Indian Trusts Act, 1882 for Alienation at Rs.661 per sq.ft. Held Adequate.

The petitioner, a builder, challenged an order dated 31st May 2005 passed by the Court granting permission to the respondent No.1 Trust to alienate it...