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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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Bombay High Court Considers Challenge to Sanction Order Under Section 197 CrPC – Petitioner Alleges Improper Review of Earlier Refusal. Alleged Lack of Fresh Material and Improper Reconsideration of Evidence Previously Rejected.

The petitioner, a public servant, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 4th February 2016 p...

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Supreme Court Clarifies Deduction of Broken Period Interest for Banks Treating Securities as Stock-in-TradeDeduction Allowed as Revenue Expenditure for Banks Holding Securities as Stock-in-Trade

The Supreme Court addressed the treatment of broken period interest for tax purposes. The issue centered on whether broken period interest could be de...

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Bombay High Court Allows Appeal Against Return of Plaint in Suit for Damages by Non-Member Against Cooperative Society. Jurisdiction of Civil Court Not Barred Under Section 164 of Maharashtra Cooperative Societies Act, 1960 as Plaintiff Was Not a Member at Time of Contract.

The appellant, Cargill India Private Limited, filed a suit for damages of Rs. 2 crores against the respondent, Shri Adinath Sahakari Sakhar Karkhana L...

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Bombay High Court Dismisses Appeal by Bank in Possession Suit, Upholds Trial Court's Decree for Possession and Mesne Profits. Counterclaim for Specific Performance of Sale Contract Dismissed as Unenforceable Due to Lack of Registered Agreement and Failure to Prove Readiness and Willingness.

The case involves a dispute over immovable property, Municipal House No.9 at Ahmedpur, consisting of a godown, three rooms, and open space on a plot o...

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High Court of Karnataka Reserves Order on Writ Petition Challenging Rejection of Nomination for KSCA President Due to Arrears. The Core Issue Is Whether Arrears Paid Before Scrutiny Removes the Embargo Under the Association's Rules.

The petitioner, president of M/s Deccan Herald and Prajavani Sports Club (an Institutional Member of the Karnataka State Cricket Association), filed h...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Case Due to Binding Consent Decrees — Competent Authority Cannot Override Civil Court Decrees. Consent Decree Operates as Res Judicata and Estoppel Between Parties Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, owner of a larger property, had constructed a building and sold flats to purchasers who formed Respondent No. 2 Society. The Petitione...

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Bombay High Court Dismisses Petition Challenging Land Acquisition for Road Widening in Pune. Acquisition under Section 126 of MRTP Act for public purpose is valid and petitioner cannot claim title over land reserved for road.

The petitioner, Atur Park-4 Co-operative Housing Society Limited, filed a writ petition challenging the acquisition of its land for road widening in P...