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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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High Court of Karnataka Quashes Reassessment Notice Under Section 148A(b) of Income Tax Act, 1961 for Lack of Proper Application of Mind. Notice and Order Set Aside as Show Cause Notice Did Not Disclose Reasons for Reopening Assessment Beyond Four Years.

The petitioner, Anand Kumar Somasheshekarayya Lonarmath, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High...

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High Court of Karnataka Dismisses Appeals in Property Declaration Suit — Upholds Trial Court Decree Based on Adverse Possession and Valid Title. Concurrent findings of fact regarding possession and title cannot be disturbed in appeal without substantial error.

The case involves two Regular First Appeals (RFA No.429/2003 and RFA No.506/2003) filed against the judgment and decree dated 13.1.2003 passed by the ...

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High Court of Judicature at Bombay Delivers Oral Judgment in Section 9 Arbitration Petition Involving Concession Agreement for Restaurant Operation. Dispute Pertains to Interim Measures Sought in Connection with a Seven-Year Concession Agreement for a Restaurant at Juhu Airport.

The High Court of Judicature at Bombay heard an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by M/s. Surv...

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Bombay High Court Dismisses Developer's Writ Petition Against Exclusion from Slum Rehabilitation Project. Contractual Dispute with Society and Termination of Development Agreement Not Amenable to Writ Jurisdiction; Civil Suit Held Appropriate Remedy under Maharashtra Slum Areas Act, 1971.

This petition arose from a slum rehabilitation dispute in Mulund, Mumbai. The petitioner, a developer, was initially engaged by a proposed slum-dwelle...

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Supreme Court Dismisses Appeal in Property Dispute — Compromise Decree Without Registration Invalid Under Section 17 of Registration Act, 1908. Unregistered Decree Cannot Confer Title; Will Not Proved Under Section 68 of Evidence Act, 1872.

The case involves a property dispute over land originally owned by Bhajan Singh. Bhajan Singh had divorced his wife Gurmail Kaur in 1973, after which ...

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Bombay High Court Dismisses Petitions Challenging Section 64 of Maharashtra Universities Act, 1994 Barring Legal Practitioners from Appearing Before College Tribunal. Section 64 is Not Repugnant to Advocates Act, 1961 as Section 30 Thereof is Not in Force and Tribunal is Not a Court.

The judgment concerns two writ petitions challenging Section 64 of the Maharashtra Universities Act, 1994, which bars legal practitioners from appeari...

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Bombay High Court Allows Second Appeal in Suit for Possession Based on Licence — Limitation Issue Requires Trial. Courts below erred in dismissing suit on limitation without trial on that issue.

The case involves a second appeal arising from a suit for possession filed by the appellants (plaintiffs) against the respondent (defendant). The suit...

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High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Partition Suit. Petitioner Failed to Show Sufficient Cause for Non-Appearance Despite Having Knowledge of Proceedings and Filing Written Statement.

The petitioner, Smt. Sokkamma (since deceased, represented by her LR M. Byrappa), filed a writ petition under Article 227 of the Constitution of India...

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Bombay High Court Dismisses Second Appeal in Property Partition Suit, Upholding Concurrent Findings. Suit for Declaration and Permanent Injunction Decreed Based on Compromise Decree in Earlier Partition Suit.

The case involves a second appeal filed by the appellants (original defendants) against the judgment and decree of the Lower Appellate Court, which ha...