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Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

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Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

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High Court of Bombay Upholds Recall of Annulment Order in Insolvency Case Due to Concealment of Creditor. Appellant Insolvent Failed to Disclose Kotak Mahindra Bank as Creditor with DRT Recovery Certificate, Leading to Recall of Annulment Under Section 22(1) of Presidency Towns Insolvency Act, 1909.

The case involves an appeal filed by Akshay D. Thakkar (the Appellant/Insolvent) against an order dated 18th September, 2018 passed by a learned Singl...

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Bombay High Court Dismisses Petition Seeking Enhanced Compensation Under Section 28A of Land Acquisition Act Based on Lok Adalat Award. Lok Adalat Award Not an Award of Court Under Part III of Land Acquisition Act, 1894.

The petitioners' land was acquired by the State for a storage lake along with other lands. An award under Section 11 of the Land Acquisition Act, 1894...

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Bombay High Court at Goa Dismisses Petition Challenging Appointment of Court Receiver in Partnership Dispute. Appointment of Receiver Upheld as Proper Exercise of Discretion Under Order 40 Rule 1 CPC in a Suit for Dissolution of Partnership.

The petitioners, who were defendants in a suit for dissolution of partnership and accounts, challenged the appointment of a Court Receiver over the pa...

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Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Co-Owners. Court upholds trial court's discretion to grant temporary injunction restraining alienation of jointly owned properties pending suit for partition and permanent injunction.

The petitioner, Akhil Mansuklal Mehta, and the respondent, Sheetal Deepak Karamchandani, jointly purchased three properties between 1996 and 1998: (1)...

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Bombay High Court Allows Second Appeal in Partition Suit, Remands Matter for Fresh Consideration on Question of Shares Under Hindu Succession Act. The court set aside the judgments of the trial court and first appellate court and directed the trial court to decide the suit afresh on the question of shares.

The case arises from a partition suit (Regular Civil Suit No. 2005 of 1986) filed by the original plaintiff (since deceased, represented by legal heir...